1. Failing to thoroughly investigate the accident
Oregon has a rule that makes investigating your accident very important. It’s called modified comparative negligence. Here’s what you risk without a thorough investigation:
- Being barred from any compensation if you’re found 51% or more at fault
- Losing a larger portion of your award (e.g., if the courts say you are 30% at fault, they will reduce compensation by 30%)
A full investigation should include reviewing police reports, interviewing witnesses, analyzing photographs and sometimes reconstructing the crash. This evidence can minimize your liability and maximize your payout. Without it, the insurance company tells their side of the story. They can unfairly put too much blame on you, costing you money you deserve.
2. Delaying or skipping medical treatment
Waiting to see a doctor or missing appointments is also unwise. These decisions can give insurance companies ammunition to claim:
- Your injuries aren’t serious
- Something else caused your pain
- You don’t deserve full compensation
Always seek immediate medical care and follow your doctor’s treatment plan.
3. Posting on social media
Expect insurance adjusters and defense teams to actively search your social media. A simple photo of you smiling at a family gathering can be twisted to suggest you’re not really injured. One Facebook post can contradict your claim and reduce your settlement. It’s best to stay off social media entirely until your case resolves.
4. Accepting the first settlement offer
Insurance companies often make offers quickly, hoping you’ll accept before understanding the full extent of your claim’s value. These initial offers rarely account for:
- Long-term medical care needs
- Future surgeries or therapy
- Injuries that appear weeks or months later
- Lost future earning capacity
Once you accept and sign, you typically cannot seek additional compensation later.
Protect your recovery
These mistakes are avoidable when you work with a skilled personal injury attorney. An experienced lawyer can handle insurance negotiations, gather evidence, ensure you’re meeting treatment deadlines and fight for compensation that truly reflects your injuries and losses. When it comes to recovering from a serious accident, every dollar counts.