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Sarasota Lawyer Explains What Mistakes To Avoid When Filing A Car Accident Claim And How They Could Affect Your Settlement


As an experienced Sarasota car accident attorney at Goldman, Babboni, Fernandez, Murphy & Walsh, I’ve seen firsthand the devastation that car accidents can bring upon families. And I believe knowledge is power. Understanding the gravity of the situation and being equipped with the right knowledge can be your first line of defense against the perils of the road.

Ensuring road safety remains at the forefront of community efforts in Sarasota, Florida. However, a review of the 2022 crash statistics for the city presents some sobering figures. Over the course of the year, Sarasota witnessed a total of 7,065 reported crashes. Tragically, these accidents led to the loss of 59 lives. Further, an alarming 4,123 individuals sustained injuries.

Diving deeper into the data, motorcycles weren’t exempt from these unfortunate events, with 178 reported crashes resulting in 9 fatalities. Pedestrians too faced risks, as evidenced by 186 incidents and 9 tragic deaths. The bicyclist community wasn’t spared either, with 217 recorded crashes and 5 heartbreaking fatalities. Additionally, hit-and-run crashes remained a concerning trend, with a staggering 1,651 reported incidents. Such statistics underscore the urgent need for improved road safety measures and community awareness in the Sarasota area.

If, heaven forbid, you find yourself in an accident, it’s crucial to remember that the aftermath of the crash can significantly impact any potential compensation.

As your dedicated Sarasota car accident attorney, I’d like to outline some common mistakes post-accident and guide you on the best steps to ensure your rights are protected.

Failing to Alert the Authorities After Your Auto Accident

Every accident, no matter how minor it might seem, should be reported to the police. By doing so, not only are you complying with Florida law, but you’re also ensuring there’s an official record of the incident. This report can prove invaluable when proving fault or when claiming insurance.

Following an accident, your adrenaline is surging, and concerns for your well-being, as well as that of others involved, are paramount. Yet, there’s a critical step that’s often overlooked, but holds significant legal implications: reporting the accident to the authorities.

As an experienced lawyer at Goldman, Babboni, Fernandez, Murphy & Walsh, I’ve witnessed countless instances where the failure to promptly report an accident has complicated legal proceedings and obstructed the rightful compensation process for victims.

Legal Compliance First and foremost, Florida law stipulates that any collision resulting in personal injuries, fatalities, or property damage exceeding $500 must be promptly reported to the police. Compliance isn’t just a civic duty; it’s a legal requirement. Failure to adhere can result in fines, penalties, or even more severe legal repercussions.

Evidence Collection and Preservation Arriving at the scene, law enforcement officers undertake a systematic process of data collection. They document the scene, note the positioning of vehicles, gather testimonies from witnesses, and often make preliminary assessments of fault. This report becomes an invaluable piece of evidence when establishing liability and can significantly support your claim, whether it’s with insurance adjusters or in a court of law.

Establishing a Timeline Of Events

As time progresses, memories can become clouded, and the clarity of events may diminish. By immediately reporting the accident, you establish a clear and immediate timeline of events. This timeline can be crucial when reconstructing the accident or refuting claims from opposing parties.

Failing To Align Facts And Act Quickly Can Opent The Door To Fraudulent Claims

Delayed accident reports can open the door for unscrupulous individuals to exploit the situation, fabricate injuries, or exaggerate damages. An immediate police report acts as a safeguard, providing an objective account of the incident and its immediate aftermath.

Supporting Medical Claims And Promptness

Often, injuries from accidents don’t manifest immediately. When they do arise, insurance companies might be skeptical, especially if there’s a delay between the accident and the onset of symptoms. A police report can lend credence to your claims, linking injuries directly to the accident.

While the moments following an accident can be confusing, it’s imperative to keep a clear head and prioritize alerting the authorities. The value of a detailed police report, from both a legal and practical standpoint, cannot be overstated. As attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh, we’re committed to guiding you through every step of the post-accident process, ensuring your rights are both protected and enforced. Always remember: your actions in the immediate aftermath can shape the course of your recovery. Choose wisely, act promptly, and ensure you’re legally fortified at every turn.

Neglecting Medical Attention ASAP After A Crash

Not all injuries manifest immediately after an accident. Brain, spine, and internal injuries are some of the serious injuries that are not always immediately obvious. It’s imperative to seek medical attention post-crash, even if you feel fine. This proactive approach not only safeguards your health but also serves as documented proof should symptoms arise later.

Even in cases where you might feel fine immediately afterward, the reality of physical harm often takes time to manifest. As a dedicated Sarasota car accident lawyer at Goldman, Babboni, Fernandez, Murphy & Walsh, I’ve counseled countless individuals who, regrettably, chose to forgo immediate medical attention after an accident, only to deal with unforeseen complications later.

Let’s explore the legal, medical, and financial reasons why prioritizing medical care post-accident is not just good advice—it’s essential.

Latent Injuries The Hidden Dangers

It’s not uncommon for individuals to walk away from a car accident feeling relatively unscathed, only to discover internal or latent injuries hours, days, or even weeks later. Adrenaline, the body’s natural response to stress, can mask pain and discomfort. Injuries like internal bleeding, concussions, or soft tissue damages might not be immediately evident but can escalate rapidly if not diagnosed and treated.

Building a Winning Legal Case

From the viewpoint of a Sarasota car accident lawyer, medical records play a pivotal role in establishing the extent and cause of injuries. The more immediate and consistent your medical attention is after an accident, the more concrete the link between the accident and any related injuries. This continuity can be invaluable in demonstrating causality and ensuring you receive rightful compensation.

The Insurance Company’s Perspective (spoiler alert – they are not on your side)

Insurance adjusters are vigilant about spotting gaps or inconsistencies in claims. A delay in seeking medical attention can be perceived as an inconsistency, potentially leading them to downplay the severity of injuries or even question their legitimacy. Immediate medical attention solidifies your claim, making it more challenging for insurers to refute or minimize compensation.

Ensuring Comprehensive Recovery

While our role as your Sarasota car accident lawyer is to advocate for your legal rights, your overall well-being is paramount. Early detection and treatment of injuries not only facilitate a swifter recovery but can also prevent long-term complications and disabilities. It’s not just about legal strategy; it’s about ensuring you have the best chance to regain your health fully.

Long-Term Financial Repercussions

Delaying medical care might seem like a cost-saving measure in the immediate aftermath of an accident. However, neglecting timely treatment can result in escalated medical costs down the line, especially if an untreated injury exacerbates. From a legal standpoint, comprehensive documentation of all medical interventions strengthens the case for full compensation for both immediate and future medical expenses.

More Mistakes To Watch Our For When Filing A Claim

Unintentional Admissions

The chaos and stress post-accident can make anyone vulnerable. However, it’s essential to refrain from making any statements that might be construed as admissions of guilt or fault. Stick to the facts and avoid speculation.

I’ve encountered numerous cases where well-intentioned words uttered in the immediate aftermath of an accident unknowingly sabotaged a client’s claim. In the adrenaline-fueled moments following a collision, even the most harmless statements can have unexpected ramifications.

The Perils of Politeness

It’s an almost instinctual response, especially in a community as warm and friendly as Sarasota, to utter words of apology after an accident. “I’m sorry,” even if meant as an expression of empathy rather than an admission of guilt, can be misinterpreted and used against you later. In the legal arena, such statements can be construed as admissions of liability.

Clarifying Comments to Authorities – Stick To Facts You Know For CERTAIN

While it’s imperative to be honest and forthright when speaking to law enforcement officials, it’s equally important to be concise and precise. Avoid speculating about the cause of the accident or your physical state. Statements like “I didn’t even see them,” can be interpreted as an admission of inattentiveness. Similarly, “I feel fine” might later complicate claims if injuries manifest after the fact.

Conversations with Insurance Adjusters

Bear in mind, insurance adjusters, while seemingly sympathetic, primarily serve the interests of their employers. They’re adept at framing questions in a manner that might lead you to make unintentional admissions. Always remember: you’re under no obligation to provide them with a statement without first consulting with your Sarasota car accident lawyer.

Social Media Slip-Ups

In today’s digitally connected world, it’s common to share life updates on platforms like Facebook or Twitter. However, an innocent post expressing relief that “it wasn’t worse” can be misconstrued as minimizing the gravity of the accident or your injuries. It’s wise to refrain from discussing the accident or your injuries on social media until your claim is settled.

Recommendations When Moving Forward With A Car Accident Claim

Stay Calm and Collected: The moments following a collision can be overwhelming. Take a deep breath, assess the situation, and prioritize safety.

Limit Conversations: Engage in necessary communication only. Exchange contact and insurance information, aid the injured, and speak with law enforcement. For all other conversations, especially those with insurance adjusters, have your attorney present.

Document Everything: Your memory can be unclear in stressful situations. If you can, jot down or record details of the accident and any conversations you have.

Seek Legal Counsel: Before diving into conversations that might impact your claim, consult with your trusted Sarasota car accident lawyer.

Engaging Directly with Insurance Agents

Insurance adjusters, while seemingly friendly, are trained to minimize the company’s payout. It’s advisable to direct all communication to your Sarasota car accident attorney, who will act in your best interests.

Quick Settlements Initial settlement offers might seem tempting, especially when bills are piling up. However, these are often much lower than what you rightfully deserve. Always consult with an attorney before accepting any settlements.

Insurance Agents: Their Primary Role Is Not Your Compensation

First and foremost, it’s pivotal to understand that insurance agents, although often personable and sympathetic, have a primary goal: protecting their company’s bottom line. This might mean reducing claim amounts or even finding reasons to deny a claim altogether.

Immediate Post-Accident Contact

It’s common for insurance agents to reach out shortly after an accident. Their aim? To get a statement while the event is fresh and emotions are high. While it might feel natural to narrate your experience, this can sometimes lead to discrepancies in your statement, which can later be used against you. Our advice as your Sarasota car accident lawyer team: Always take a moment, consult with legal counsel, and then proceed with such discussions.

The Temptation of Quick Settlement Offers

A tactic often employed by insurance agents is to offer an immediate and attractive settlement. While this might seem like a quick way to close the chapter and move on, it’s often a fraction of what you rightfully deserve. Remember, injuries and trauma might manifest symptoms much later, and by accepting a premature settlement, you could be waiving off potential compensation.

Recorded Statements: Tread with Caution

Insurance agents might ask for a recorded statement under the premise of “protocol” or “formality.” However, anything you say, even if seemingly harmless, can be analyzed, interpreted differently, or taken out of context to weaken your claim.

Understanding Policy Nuances

Every insurance policy is a web of clauses, sub-clauses, and terms. Agents know this document inside-out, while the average person in Sarasota might not. This knowledge gap can be exploited. Therefore, before you discuss claims, policy limits, or liabilities, have a Sarasota car accident lawyer review your policy and guide you.

Your Rights and the Role of Legal Counsel

Remember, you have every right to have any conversation with an insurance agent occur in the presence of your attorney. If at any point you feel overwhelmed, uncertain, or pressured, it’s advisable to defer the agent to your legal counsel. At Goldman, Babboni, Fernandez, Murphy & Walsh, we ensure that our clients are protected from strategies that aim to undervalue their claims.

Your post-accident actions play a vital role in ensuring you receive fair compensation for damages and injuries. As an experienced Sarasota car accident attorney, my goal at Goldman, Babboni, Fernandez, Murphy & Walsh is to guide and represent you, ensuring your rights are safeguarded at every turn.

Remember, the road might be unpredictable, but with the right knowledge and representation, you can negotiate the challenges it throws your way. Always drive safely, and should you ever need assistance, know that we’re here to help.

Attorney David Goldman has a strong belief that everyone should be treated fairly and those with the means should do what they can to bring justice in all areas of our society. That belief has led him to help Florida's injured from being taken advantage of by corporations and insurance companies. Since 1989 David Goldman has been fighting for the rights of Floridians both as an attorney and by personally supporting our community.

Sarasota Lawyer Explains What Mistakes To Avoid When Filing A Car Accident Claim And How They Could Affect Your Settlement

Goldman Babboni Fernandez
Murphy & Walsh




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