Filing a personal injury claim can be an overwhelming and complex experience, but it’s important to handle any personal injury claim properly if you’ve been injured. When looking to maximize the amount of compensation you get for lost wages, medical expenses, or other damages, knowing what mistakes to avoid during the claims process is crucial.
There are several key elements of proving personal injury, as well as several mistakes to avoid, including accepting low settlement fees, missing deadlines, and failing to properly document injuries among others. Learn everything you need to know to successfully fight for your claim in court.
1. Allowing the Statute of Limitations to Expire
The biggest mistake that many people make after an accident that injured them is waiting too long to file their claim. Depending on the type of claim and the state that you reside in, a personal injury case is subject to a statute of limitations. This can be anywhere from one and six years, and if you miss the personal injury claim filing deadline then you will most likely lose the right to compensation.
On top of this, the longer you wait, the harder it is to gather evidence. As more time goes on, accident scenes alter, the memories of witnesses fade, and documents might get lost. To avoid any of these issues, it’s always best to do some research into the statute of limitations in your state. The earlier you get on the phone with an attorney and file your claim, the better.
Another major issue that comes up after a personal injury incident is not seeking medical attention right away. If you are injured, you need to get medical attention as soon as possible. Beyond just ensuring you aren’t dangerously injured, it will also serve as proof of your injuries.
Even if you feel fine in the moment, you should always seek medical attention as your injuries may not result in immediate pain. Internal bleeding, concussions, and whiplash are just samples of injuries that might take days or more to appear.
The longer you delay your medical care, the weaker your claim will be. An insurance adjuster may argue that your injuries could not have possibly been that bad if you do not seek medical attention. Therefore, even if you don’t feel injured, your best course of action is to seek immediate medical attention after an accident and then keep all medical records. Also, be sure to follow up on all prescribed treatments and attend follow-up appointments as required.
3. Not Documenting the Incident
Another common mistake made after a personal injury accident is not properly documenting what happened from your point of view.
Proving liability in court becomes much harder when there is no clear evidence. Therefore, when an accident happens, you need to gather crucial evidence right away and make a record of what occurred.
There are various things that you should document. You’ll want to take pictures and videos of any injuries, the accident scene, road conditions, vehicle or property damage, and anything else that is relevant. Also politely request witness statements from anyone who may have seen what happened and gather all relevant contact information so that your lawyer can follow up with them later.
If law enforcement arrives at the scene, take the extra step of requesting the police report of the accident as their trusted record will be helpful in taking your case beyond a “he said, she said” situation.
4. Accepting the First Settlement Offer
In many cases, insurance companies might offer a quick settlement hoping that you will accept before you understand the amount of compensation that you are truly entitled to. While it may be tempting to accept the initial offer, you might also be leaving a lot on the table unknowingly.
The first offer you are given tends to be much lower than the amount of compensation you are actually entitled to when a personal injury case is on the table. However, if you accept the initial offer, you won’t be able to seek additional compensation down the line.
Be cautious when it comes to accepting initial offers because you likely don’t yet know what the full extent of your injuries is. This is especially true if you have yet to reach out to an attorney who can help you sort through the facts of the case.
Keep in mind that the goal of insurance companies is to protect themselves against unfair payouts. To this end, they often try to find proof or spin facts in such a way that your payout is minimized. This is why it’s always important to talk to a lawyer before agreeing to or accepting any settlement offer you receive.
5. Not Consulting a Personal Injury Lawyer
As alluded to above, if you’ve just had a minor accident then you might think that you can handle your personal injury claim by yourself. For most, this is a huge mistake, though. If you do not have a legal expert in your corner, the nuances of personal injury law can make it easy to make mistakes that can result in the denial of your claim.
You need an experienced personal injury lawyer who is able to evaluate your case to see exactly how much you should settle for.
A personal injury lawyer will also be able to negotiate with insurance companies to avoid any lowball offers, while simultaneously gathering expert testimony and evidence to improve the chances of your claim getting approved. They will also help you to meet all deadlines and handle legal filings which is an added bonus.
Protect your injury claim in court
When filing a personal injury claim, you need to be very careful to avoid any of the above mistakes. Always act quickly, seek medical treatment immediately, gather evidence, and consult a personal injury attorney to give yourself the best chance at getting a claim approved or a ruling that’s in your favor.
Doing all of these things will significantly improve your chances. If you are unsure of what to do in this type of situation, though, your best bet is always to seek professional legal guidance from a personal injury attorney who can help you navigate the claims process effectively.