As you deal with the aftermath and disruption of being injured in a car accident, it can be easy to get overwhelmed.  All of sudden through no fault of your own, you are hurt, your vehicle is damaged, you may be out of work and on top of that, now you need to deal with the insurance companies. However, knowledge is power when asserting your rights. Whether your crash happend at the intersection of Fruitville Road and Beneva Road or somewhere else, to have a good outcome you must avoid the three most common mistakes that could undermine your injury claim.Rushing to accept an insurance settlementcould leave compensation on the table.Failing to seek timely medical treatmentcould weaken evidence that the crash caused your harm. Anddelaying to hire an attorneyprevents you from having an advocate to act in your best interest. Steer clear of these pitfalls and protect your right to fair compensation after an auto collision through smart legal choices. Equip yourself to make informed decisions after an accident at Cattlemen Road and Bee Ridge Road and ensure the at-fault driver is held fully accountable.

Not Seeking Medical Attention After a Car Accident

After a car accident, seeking prompt medical attention is critical to protecting your legal rights. Failure to do so can jeopardize your ability to recover damages. As an example, if you’re rear-ended at a traffic light like Fruitville Road and Beneva Road in Sarasota, you may feel fine at first due to adrenaline, only to experience pain later. However, delayed treatment makes it harder to prove your injuries were caused by the crash.

Seeking Immediate Medical Care

You should call 911 and get checked out by paramedics at the scene. Even if you decline ambulance transport to an emergency room, you should visit your doctor ASAP. Explain you were in an auto accident and need a medical evaluation for any injuries that may become apparent over the next few days. Early diagnosis and treatment of conditions like soft tissue damage, whiplash, or a concussion are critical. Your doctor can properly document your condition, take X-rays or order MRIs if needed, and prescribe a treatment plan.

1. Sarasota Memorial Hospital
   • Address: 1700 S Tamiami Trail, Sarasota, FL 34239
   • This is one of the largest and most comprehensive hospitals in the region, equipped with a full-service emergency department.
2. Doctors Hospital of Sarasota
   • Address: 5731 Bee Ridge Rd, Sarasota, FL 34233
   • Offers emergency services and specialized care with a focus on patient comfort and state-of-the-art facilities.
3. Lakewood Ranch Medical Center
   • Address: 8330 Lakewood Ranch Blvd, Bradenton, FL 34202
   • Although a bit further away in Bradenton, this facility provides emergency services and comprehensive medical care.
4. SMH Urgent Care Center at St. Armands
   • Address: 500 John Ringling Blvd, Sarasota, FL 34236
   • Suitable for non-life-threatening injuries and illnesses. Provides quick and efficient care.
5. Intercoastal Medical Group Urgent Care
   • Address: 943 S Beneva Rd, Suite 306, Sarasota, FL 34232
   • Offers extended hours for urgent medical needs, providing an alternative to emergency room visits for less severe injuries.
6. AFC Urgent Care Sarasota
   • Address: 2901 S Tamiami Trail, Sarasota, FL 34239
   • Provides medical care for injuries and illnesses that require immediate attention but are not severe enough for an ER visit.

Recording Details about the Accident

In addition to medical care, write down details about the accident while they’re fresh in your memory. Note the location, time and date of the crash, weather and traffic conditions. Get contact and insurance information from other drivers. Take pictures of the vehicles and the surrounding intersection like University Parkway and Cooper Creek Boulevard. All this evidence will support your claim during insurance negotiations and in court if needed. The more promptly and thoroughly you respond after an accident, the stronger your legal position will be. Failure to seek medical attention or gather important details about the crash could damage your ability to recover damages for your injuries and losses. Protect yourself legally by making your health and safety top priorities immediately following any auto accident.

Failing to Document the Accident Scene

Failing to properly document the accident scene is one of the biggest mistakes you can make after a car accident. At the scene, take pictures of the vehicles involved, the surrounding area, traffic signs or signals, and anything else that could be relevant to determining fault. Get contact information for any witnesses as their accounts of what happened can be crucial.

Photograph Vehicle Damage and Surroundings

Photographs provide important visual evidence of the severity of impact and final positions of the vehicles. They also capture details that may not be included in the police report like weather and traffic conditions. Take wide shots to show the whole scene, as well as close-ups of dents, scratches, and deployed airbags in each vehicle.

1. Safety First: Before assessing the damage, ensure that it’s safe to exit your vehicle. Check for traffic and other hazards. If the vehicle is in a dangerous location and it’s safe to do so, move it to a safer spot.
2. Photograph the Overall Scene: Start by taking wide shots of the accident scene, which include road conditions, traffic signs, and the positions of vehicles involved in the accident. This helps in understanding the context of the damage.
3. Document All Angles of Your Vehicle: Take close-up photos of your vehicle from every angle, even areas that were not damaged. This provides a comprehensive view of the vehicle’s condition post-accident.
4. Capture Detailed Shots of the Damage: Focus on detailed photos of the damage from various perspectives and distances. Include different angles and lighting conditions to ensure all aspects of the damage are visible.
5. Include Identifying Details: Photograph the license plates, VIN number, and any unique features of your vehicle. This helps link the damage specifically to your vehicle during claims or legal proceedings.
6. Note the Mileage: Take a photo of the dashboard where the mileage is visible. This can be useful information for insurance and repair records.
7. Look for Subtle Damages: Check for less obvious damages like misalignment of doors, leaks, or issues under the vehicle. Photograph any glass breakage or debris from the vehicle.
8. Use Video if Necessary: If photographs don’t adequately capture certain damages (like leaking fluids or electrical malfunctions), a short video can be helpful.
9. Record the Date and Time: Ensure your camera or smartphone records the date and time on the photos and videos. If not, keep a written note of when the damage was documented.
10. Prepare a Written Description: Alongside the visual documentation, write a detailed description of the damage. Note any changes in the vehicle’s functionality or noises it makes post-accident.
11. Report to Insurance: Promptly inform your insurance company about the accident and provide them with the documentation of the damage. Follow their instructions for further action.
12. Consult a Professional: It might be beneficial to have a mechanic or auto body expert assess the damage as well. Their professional input can provide a clearer scope of repairs needed and ensure that all damages are accounted for.

Obtain Witness Statements and Contact InformationWitness statements provide impartial accounts of the events leading up to and following the collision. Politely ask any witnesses if they would be willing to provide a written statement of what they saw, including their name and contact details. Their information could be critical, especially if the other driver changes their story later on. After an accident, a witness statement is a crucial document that can provide an objective account of the events leading up to, during, and immediately after the incident. This statement can be used in legal proceedings and insurance claims to establish facts and determine liability. Here is a general outline and example of what a witness statement might look like:

General Outline for a Witness Statement:

1. Witness Information:
   • Full name
   • Address
   • Contact information
   • Occupation
   • Relationship to any of the parties involved in the accident
2. Date and Time of the Statement
3. Location of the Accident
4. Description of the Event:
   • Details about what the witness saw and heard before, during, and after the accident.
   • Description of the environment (weather conditions, lighting, road conditions).
5. Specific Observations:
   • Movements of the vehicles involved.
   • Actions of the drivers before and after the accident.
   • Any comments made by the drivers or other witnesses at the scene.
6. Conclusion:
   • Any additional observations (e.g., noticing the smell of alcohol, behavior suggesting distraction).
7. Statement of Truth:
   • A declaration that the statement is true to the best of the witness’s knowledge and belief.
8. Signature and Date

Example of a Witness Statement:

Witness Information:

• Name: Jane Doe
• Address: 123 Maple Street, Sarasota, FL
• Contact Information: (555) 123-4567
• Occupation: Teacher
• Relationship to Parties: None

Date and Time of Statement: April 18, 2024Location of the Accident: Intersection of Main St and 2nd Ave, Sarasota, FLDescription of the Event: I was walking my dog at the corner of Main St and 2nd Ave on April 15, 2024, at around 3:00 PM. It was a sunny day, and the traffic light for vehicles on Main St was green.Specific Observations: I noticed a blue sedan traveling fast down Main St as it approached the intersection. A red pickup truck on 2nd Ave seemed to ignore the red light and moved into the intersection. The blue sedan tried to brake but could not stop in time and collided with the side of the red pickup truck. The impact was loud, and parts of both vehicles were scattered across the intersection. After the crash, the driver of the blue sedan got out of the car and appeared to be shaken but not seriously injured. The driver of the red truck also exited his vehicle and was walking normally. He was overheard saying, “I didn’t see the red light.”Conclusion: The driver of the red truck did not seem to be aware of the red traffic light and caused the accident with the blue sedan. I did not notice any signs of impairment in either driver, but the accident happened very quickly.Statement of Truth: I believe the facts stated in this witness statement are true to the best of my knowledge and belief.Signature: Jane DoeDate: April 18, 2024

Request a Police Report

Even for minor accidents, request that an officer files an official police report. The report contains vital details like the officer’s assessment of fault, weather conditions, and statements from drivers and witnesses. Insurance companies and courts rely heavily on police reports to determine liability, so failure to obtain one can seriously damage your claim. Thoroughly documenting the scene of a car accident safeguards your rights and helps establish fault. Photographs, witness statements, and a police report provide the evidence needed to receive fair compensation for your injuries and vehicle damage. Protect yourself legally and financially by taking the time to properly document the details following any auto accident.

General Format of a Police Report:

1. Report Number: Each report is assigned a unique identifier or case number.
2. Date, Time, and Location of Incident: Includes precise details about when and where the incident occurred.
3. Reporting Officer: The name and badge number of the officer who prepared the report.
4. Involved Parties:
   • Names, addresses, phone numbers, and driver’s license numbers of all involved parties.
   • Vehicle information including make, model, year, color, and license plate numbers.
   • Insurance details for the drivers involved.
5. Witness Information:
   • Names and contact information of any witnesses to the incident.
   • Brief summary of witness statements.
6. Narrative Section:
   • A detailed account of the incident as observed or reported to the police officer.
   • The officer’s observations and findings at the scene.
   • Diagrams of the accident scene, positions of vehicles, skid marks, etc.
7. Citations or Violations Issued: Any traffic citations or charges filed as a result of the incident.
8. Property Damage: Description of damage to vehicles and other property.
9. Injuries: Information about any injuries sustained during the incident.
10. Weather and Road Conditions: Details about the weather and road conditions at the time of the incident.
11. Conclusion: The officer’s conclusions or opinions based on the investigation, if any.

Example Description of a Police Report :Sarasota Police Department – Traffic Collision ReportReport Number: 0123456789Date/Time of Incident: April 18, 2024, at 3:45 PMLocation: Intersection of Main St and Palm Ave, Sarasota, FLReporting Officer: Sgt. John Smith, Badge #1234Involved Parties:

• Driver 1: John Doe, 123 Oak St, Sarasota, FL, DL# FL1234567, 2015 Toyota Camry, Gray, Plate# XYZ123, Insured by ABC Insurance, Policy# 987654321
• Driver 2: Jane Roe, 456 Pine St, Sarasota, FL, DL# FL7654321, 2018 Honda Accord, Black, Plate# ZYX321, Insured by DEF Insurance, Policy# 123456789

Witnesses:

• Alice Johnson, 789 Elm St, Sarasota, FL, (555) 234-5678

Narrative: Upon arrival at the scene, I observed a two-vehicle collision involving a gray Toyota Camry and a black Honda Accord. According to witness Alice Johnson, the Toyota ran a red light heading northbound on Main St and collided with the Honda, which was making a legal left turn onto Palm Ave. Diagrams of the scene show the point of impact and the final resting positions of both vehicles. Skid marks from the Toyota suggest abrupt braking before the collision.Violations Issued:

• Citation issued to John Doe for violation of FL Statute 316.075(1)(c)1 – Failure to stop at a red light.

Damage:

• Toyota Camry: Front end damage, estimated repair cost $5,000.
• Honda Accord: Side damage, estimated repair cost $3,500.

Injuries:

• Jane Roe reported minor whiplash and was transported to Sarasota Memorial Hospital for evaluation.

Weather/Road Conditions:

• Clear skies, dry roads.

Conclusion: Based on witness statements and physical evidence, John Doe is found at fault for failing to observe the red traffic signal. This type of document is critical for all parties involved, including law enforcement, insurance companies, and legal representatives, in understanding the circumstances of the incident. If you need assistance understanding or obtaining a police report, it’s advisable to contact a legal professional. At Goldman, Babboni, Fernandez, Murphy & Walsh, we are experienced in handling such cases and can provide guidance and representation.

Not Hiring an Auto Injury Lawyer for Your Car Accident Case

After a serious car accident, you may be tempted to handle the legal aftermath on your own to save money. However, this is one of the biggest mistakes you can make. An experienced auto injury lawyer knows how to maximize your compensation and protect your rights. They handle the complex legal processes with confidence so you can focus on recovering.

Lack of Experience

Car accident law involves many intricacies that a layperson will not fully understand. For example, do you know how to calculate the value of pain and suffering or determine appropriate punitive damages? An attorney will understand how to prove these damages and calculate a fair settlement amount based on factors like medical bills, lost wages, vehicle damage, and more. They can determine appropriate compensation for your specific injuries and circumstances.

Mistakes in Legal Procedure

The legal system has many rules and deadlines that are easy to miss if you are not experienced. For example,you only have two years from the date of the accident to settle a claimor file a lawsuit according toFlorida’s statute of limitations. An attorney will know how and when to file necessary legal documents to avoid missing important deadlines. They can also properly handle evidence collection, insurance claim processing, and more.

Inability to Stand Up to Insurance Companies

Insurance companies have teams of lawyers and claims adjusters working to pay out as little as possible on claims. As an individual, it is difficult to stand up to their tactics. A lawyer will not be intimidated and knows how to negotiate forcefully on your behalf. They can demonstrate the strength of your case and push back against lowball settlement offers. With skilled legal counsel, insurance companies know they cannot take advantage of you.

Loss of Potential Compensation

Without an attorney, you will likely settle for less than full compensation. Lawyers have the experience to determine all avenues of financial recovery in a case and pursue them thoroughly. For example, they will investigate whether any third parties may bear liability and include them in the claim or lawsuit. They will also consider potential recoveries beyond the insurance policy limits, such as from individual defendants’ assets. An attorney can maximize your total compensation through their diligent pursuit of all possible sources. Hiring an auto injury lawyer is one of the smartest moves you can make after a car accident. They have the experience and skills to handle legal complexities, avoid mistakes, stand up to insurance companies, and maximize your financial recovery. With the right attorney on your side, you can focus on healing from your injuries knowing your rights and best interests are protected.

Talking to Insurance Companies Without Your Car Accident Lawyer

As a victim of a car accident in Sarasota, you have certain legal rights to protect. However, without proper legal counsel, you risk compromising your claim by making avoidable mistakes when dealing with insurance companies.

Do Not Accept the First Settlement Offer

Insurance companies will often start with a low offer to settle your claim quickly and cheaply. Do not accept this initial offer, as it will not sufficiently compensate you for your injuries and losses. Consult with a personal injury attorney to determine a fair settlement amount before negotiating with the insurance company.

Do Not Communicate Directly with the Insurance Adjuster

Insurance adjusters are trained to minimize payouts, so any statements you make to them can be used to reduce your claim’s value.

Avoid Giving a Statement Before Speaking to an Attorney

You have the right to consult with a personal injury attorney before providing an official statement about the accident to any insurance company. Your attorney can advise you on what details are relevant to share and ensure your statement does not contain any information that could damage your claim.

Hire an Attorney Before Settling

While you may be tempted to settle quickly, it is in your best interest to hire a personal injury attorney to handle negotiations. Your attorney has the experience to determine if an offer is fair and will fight to maximize your settlement amount. They can also spot “red flags” in proposed settlements that you may miss. By avoiding these common mistakes, you can protect your legal rights and receive fair compensation for your injuries and damages after a car accident. Let an experienced personal injury attorney handle all communication and negotiations with insurance companies once you have retained their services. Do not speak with or take advice from insurance adjusters directly, as this can only serve to undermine your claim and settlement. With the proper legal counsel, you canpursue your personal injury lawsuitconfidently.

Rushing Your Car Accident Settlement Before You’re Ready

As a victim of a car accident in Sarasota, you deserve fair compensation for your injuries and losses. However, settling your claim too quickly can lead you to accept less than you rightfully deserve. It is crucial to take adequate time to fully evaluate the true extent of your damages before negotiating a settlement.

Insufficient Time to Determine the Severity of Your Injuries

Right after an accident, the severity and long-term implications of your injuries may not yet be clear. Some injuries like soft tissue damage, concussions, and whiplash can take days or weeks to manifest themselves. Rushing to settle your claim within the first few weeks following the collision could preclude you from recovering compensation for medical expenses and pain and suffering related to injuries that have not yet surfaced.

Overlooking Future Medical Costs and Lost Wages

Car accident injuries often require ongoing medical treatment and physical therapy spanning months or years. Settling quickly may not account for substantial future medical bills and lost income from missed work. Take time to consult with your doctors regarding the prognosis for your recovery and potential need for future treatment or rehabilitation. Factor these anticipated future losses into your claim settlement.

Inadequate Time to Negotiate a Fair Settlement

The settlement process for a car accident claim in Sarasota County can take 6-18 months on average. This time allows for conducting a thorough investigation of the accident details, calculating a reasonable settlement amount based on the specifics of your situation, and negotiating with the insurance company to reach a fair settlement. Rushing this process often results in accepting an amount far below the true value of your claim. Avoid rushing to settle your Sarasota car accident claim. Take the necessary time to fully understand the nature of your injuries, determine the scope of your current and future losses, and negotiate the maximum settlement you rightfully deserve. Your patience and diligence will pay off in securing fair compensation.

Contact the law firm of Goldman, Babboni, Fernandez, Murphy & Walsh in Sarasota

Given the complexities involved in personal injury lawsuits, it is highly advisable to contact an experienced attorney. The law firm of Goldman, Babboni, Fernandez, Murphy & Walsh has been representing clients in Sarasota for over 25 years. They have the knowledge and experience to guide you through the legal process and help you avoid common mistakes.

Do Not Provide A Recorded Statement

After an accident, insurance companies will often request a recorded statement about the incident. Politely decline to provide one. Anything you say can be used against you to limit or deny your claim. Only provide a statement under the advice of your attorney.

Do Not Delay In Seeking Medical Attention

Some injuries from car accidents do not manifest symptoms immediately. However, failing to get prompt medical evaluation and treatment can undermine your case. Seek medical care as soon as possible after an accident to diagnose all injuries and begin appropriate treatment. Your medical records will serve as evidence for your claim.

Do Not Settle Quickly

Insurance companies may offer you a quick settlement, but it is rarely in your best interest to accept. Settlements close the door to future compensation if additional injuries or damages are discovered. Work with your attorney to determine fair compensation for your injuries before entering into settlement negotiations.

Do Not Miss Court Deadlines

Personal injury lawsuits are subject to strict deadlines and statutes of limitations. Failure to meet court deadlines can result in you forfeiting your rights to compensation. Rely on your attorney to manage all paperwork, filings, and appearances to avoid missing critical deadlines. By contacting Goldman, Babboni, Fernandez, Murphy & Walsh and following their guidance, you can take appropriate steps to protect your rights in the aftermath of a car accident. Their experienced personal injury attorneys know how to handle insurance companies and will fight to get you the maximum compensation for your injuries. There are several common legal mistakes that can undermine your personal injury case after a car accident. Failing to call the police, admitting fault at the scene, declining medical treatment, and delaying hiring a lawyer are all errors that jeopardize your right to fair compensation. As you navigate the aftermath of an accident at Gulf Gate Drive and Gateway Avenue or elsewhere in Sarasota, always remain calm, gather evidence, seek medical care, and consult an attorney. With the right preparation and legal support, you can build a strong claim, avoid common mistakes, and obtain the maximum recovery you deserve. Your diligence now can prevent regrets down the road.

The post Sarasota Attorney On The Most Common Legal Mistakes To Avoid In Personal Injury Lawsuits appeared first on Justice Pays.