Importance of Contacting an Attorney ASAP

Home > Guardrail Claims > Importance of Contacting an Attorney ASAP

If you’ve been injured or lost someone you love in an accident that involved an ET-Plus or X-LITE guardrail end terminal, you may be entitled to compensation. Several lawsuits have been filed against the manufacturers of these end terminals alleging they have a design flaw that causes the guardrail to penetrate into vehicles and severely injure drivers and passengers.

If you intend to file a personal injury or wrongful death claim, the smartest step you can take to protect your legal rights is to speak with a well-credentialed guardrail injury attorney. Putting off your consultation for just a few days may prove to be a costly mistake since valuable evidence is often time-sensitive, and one misguided statement could jeopardize your entire case.

Let’s examine a few reasons why it’s a good idea to consult a personal injury lawyer right away:

Essential Evidence May Be Time-Sensitive

Obtaining access to the guardrail before it is repaired, replaced, or disposed of can be the difference between winning and losing a guardrail case. A guardrail injury attorney can use highly precise devices to scan and record the guardrail, scene, and vehicle to preserve essential evidence. While it might be possible to succeed in a case after some delay, performing an immediate investigation may increase the chances of obtaining a fair settlement.

There are many other types of evidence that could be time-sensitive. For example, more vehicles are equipped with dashcams than ever before, and it’s not uncommon for accidents to be recorded by the surveillance cameras of nearby businesses. This footage may help your attorney prove liability, but it will likely be overwritten within a few weeks or perhaps just days of the crash.

Any Statements You Provide Might Be Used to Dispute Your Claim 

Insurance companies and corporations employ all sorts of tactics to minimize the amount of compensation they have to pay to personal injury victims. One strategy they often use is to ask leading questions in a recorded conversation to coerce the claimant into providing a statement that can be used to dispute liability or damages. If you hire an attorney from day one, however, your lawyer can handle all correspondence with the opposing party on your behalf.

Mistakes Early in the Proceedings Could Derail Your Entire Case

You may already know a few of the common mistakes to avoid after a car accident, such as admitting fault or delaying your doctor’s visit, but there are countless other errors and oversights that might jeopardize your claim. For example, if you return to work or start participating in physical activities before your doctor says it’s okay to do so, the insurer might say that you’ve failed to mitigate your damages. Simply put, if you fail to take reasonable steps to facilitate your recovery—i.e. if you disobey the instructions of your healthcare providers or do anything that might cause your injuries to worsen—you might not be able to recover compensation for 100 percent of your damages.


Another common mistake made by accident victims is posting about their case online. Any mention of the collision or your claim—or even just a photo of you taken after the crash—might be lead to a dispute.


Your attorney can explain the mistakes you must avoid and the steps you must take to give your claim the highest chance of resulting in a fair settlement. The sooner you seek legal guidance, the less likely you may be to make a costly error.


Discuss Your Case with a Guardrail Injury Lawyer: Call 877-544-5323

At The Law Offices of Richard J. Serpe, PC, we offer aggressive representation to people who have been injured or lost family members in accidents involving defective guardrails and end terminals. Our tenacious approach to representation has resulted in more than $250 million in settlements and verdicts for our clients. Call or text us at 877-544-5323 or send us a message online to schedule a free case assessment.