Vermont does not require that personal injury victims hire an attorney. Instead any injured victim can tackle an injury claim on their own. That would mean collecting evidence of the accident, negotiating with insurance companies, and possibly filing your own lawsuit. Many people are afraid that a lawyer just isn’t worth the cost, so they search online for information about how to negotiate a settlement or submit a claim.
Going it alone is a serious error. Unrepresented victims will make certain mistakes that completely undermine their ability to receive compensation. Call Larson & Gallivan Law to meet with an experiencedBurlington, VT personal injury lawyer for free. We can help you avoid the following mistakes.
Forgetting to Collect Evidence About the Accident
Some injured victims think their own memories are enough to support a claim for compensation. In fairness, your memories are a good starting point, but it helps to have supporting evidence. A claims adjuster might assume you will tell a self-serving story of what happened.
This is a common scenario after an accident: you believe someone has injured you, possibly because they were driving a car negligently. But the defendant also turns around and blames you for the accident.
You need evidence to support your argument that you do not have majority blame for the accident. Without this evidence, the insurance companies might agree with the defendant that you are to blame. And under Vermont law, you will not receive anything if your share of negligence is more than 50%. (12 V.S.A. § 1036.)
Giving a Recorded Statement About the Accident
An insurance company will want to hear your version of events, so they will probably call you at home. But don’t think this is a generous act on their part. Insurance companies also want to reduce what they pay in compensation if they can. So they might steer the conversation in a direction you can’t predict.
For example, the interviewer might say something like, “And you’re feeling okay, right?” which sounds innocent enough. You say, “Sure” just in the flow of conversation without giving it a second thought.
Later, however, you realize the insurer is using your statement to argue you are not really injured. They will cite this statement when offering you only peanuts for pain and suffering.
If you hire a lawyer, we can sit beside you during questioning from the insurance company. We can clarify any question or answer so that you don’t say something you really don’t mean.
Waiting Too Long to File a Lawsuit
Vermont’s statute of limitations for personal injuries is found at12 V.S.A. § 512. It gives victims three years to file a personal injury claim for most accidents. The clock usually begins the day of the accident, unless your injuries are hidden or very slow to develop.
If you go past this deadline, then a judge will dismiss your case. That means you cannot sue the defendant successfully for compensation, regardless of the catastrophic nature of your injuries.
Of course, you might want to settle your case without the need of litigation. But the defendant will be less likely to settle if you are past the statutory deadline. They know you can’t go into court and win a lawsuit, so they have less incentive to treat you fairly.
Three years can pass quickly. You might be focused on rehabbing injuries or trying to get more education so you can undertake new employment. It is vital not to lose sight of deadlines, which is another reason to hire a lawyer.
Quickly Accepting a Settlement
Money is tight after an accident. In fact, many people are struggling due to inflation already. Now that you have pricey medical bills, it is probably harder to make ends meet. You are out of work while you recover and could really use a settlement.
However, you can’t accept the first offer. This is a mistake people make when they do not have a personal injury lawyer on their side. You quickly agree because the amount quoted sounds fair.
In reality, you could probably receive more than what an insurer offers. We have sometimes negotiated a settlement that is twice as large as the initial proposal. We know how much other victims in Vermont have received for similar injuries, and we hold out for an amount along those lines.
Call our office if a defendant or their insurer offers a settlement. We can review it, along with medical records, to see if it is fair. Then we can get to work on your case.
Believing Your Injuries Are Too Minor
We have met people who say things like, “I know my injuries aren’t serious, I was just curious if I can seek compensation.” When we look at their records, we realize they have painful, significant injuries deserving of meaningful compensation.
Never assume your injuries are too minor. Instead, call an attorney to go over the accident and your prognosis. We have obtained fair settlements for people dealing with soft tissue injuries, broken bones, and other significant injuries. Get an unbiased perspective on the value of your case. You only have one real shot at getting a fair settlement.
Contact a Burlington, VT Personal Injury Lawyer for a Free Consultation
This is one of the best steps accident victims can take. An experienced lawyer can review the facts and identify your legal rights and remedies.
Probably the main reason people do not hire a lawyer after an accident is cost. Many victims wrongly believe that a lawyer is an unnecessary expense. In reality, we have often obtained much more for our clients than they otherwise would receive. Once you take out the legal fees, our clients still end up with more than what they could have negotiated on their own.
Call our office to schedule a free consultation. We can discuss how we do not charge upfront legal fees, instead agreeing to take a portion of any settlement. If hired, we will do everything possible to ensure fair treatment.
