7 Typical Mistakes in Personal Injury Claims
It can be unimaginably overwhelming for a layperson to navigate a personal injury claim. It is a time-bound lawsuit, and yet personal injury laws are complex. Time may race against you if you attempt to understand the legal jargon of the field.
“Personal injury victims make avoidable mistakes that affect their claims unfairly. That is why you need a legal representative to guide and support you during your challenging moments. To make the best out of a personal injury claim, you must understand the process and the probable hindrances,” says personal injury attorney Amy Gaiennie of Amy G Injury Firm.
When you have evidence against a negligent party, you should know how to use it to get maximum compensation.
This article highlights seven typical mistakes personal injury victims make that affect their claims and how you can avoid them.
Not Involving an Attorney in the Claim
Some people believe they can handle their personal injury claims without involving an attorney. Such people often underestimate the legal intricacies and complexities involved in personal injury lawsuits, and they risk jeopardizing a good case.
You need a lawyer’s assistance to file the case on time, gather proof, and properly interpret the law. These processes can be overwhelming to an injured person. Thus, you need a reputable personal injury attorney to protect your rights and interests.
Failure to Visit the Healthcare Facility Immediately After the Accident
You must prioritize your health in every circumstance; visit a healthcare facility immediately after an accident, even if you have no injuries. You must not allow your health to deteriorate.
Furthermore, you need medical documentation to establish your case. If you delay medical treatment, insurers may argue that your harm is not as severe as you claim. Sometimes, they may even deny the dispute the connection between the accident and your injuries.
That is why you must seek medical attention immediately after an accident and adhere to your physician’s instructions. Do not miss any appointments, and keep a detailed record of everything. It will help you establish a link between the harm and the accident
Failure to Document the Accident Scene
You need to properly document the accident scene to build a potent case. The evidence you need in this respect includes police reports, photos or videos, and witness statements. It can be challenging to establish liability if you fail to gather sufficient evidence at the accident scene.
If your injuries are severe, you can delegate someone to help you capture the accident scene and invite the police to the scene. You must not overlook any detail that could strengthen your case, as gaps in evidence can weaken your claim.
Giving Incomplete or False Details
You cannot fill your personal injury claim with lies or half-truths and still expect a positive outcome. Personal injury claims thrive on credibility. Thus, if the authorities discover that you intentionally distort your claim to have an undue advantage over the other party, they will not be favorably disposed to your case.
Be completely truthful and transparent about the severity of your harm and the circumstances surrounding it. Say everything as it is. Do not allow the opposition to weaken your case with obvious lies.
Discussing the Accident on the Internet
It is understandable that we cannot remove the average contemporary person from social media. It has become a part of us; we want to post and document our experiences on social media. However, you can unknowingly harm your case by posting about an incident.
The golden rule is to avoid social media when you have a personal injury lawsuit. The at-fault party’s counsel and insurers will scrutinize your social media accounts to see if you posted anything relating to the accident that they can use to puncture your claims. Resist the urge or temptation to discuss your case online until settlement.
Taking the Initial Settlement Offer
Insurance firms’ aims are clear: to settle a case promptly and offer the lowest amount to the victim. Their ultimate interest is to preserve the profit of their organization. Thus, you should never interact with an insurance adjuster without legal representation.
Many personal injury victims ignorantly accept the first settlement offer, thereby blocking their opportunity to demand maximum compensation. Once you accept the initial offer from the insurance company, you cannot return to demand a higher settlement.
That is why you must speak with your lawyer before accepting any offer. They are skilled negotiators and match the tricks of insurance adjusters. Before accepting any offer, they will assess it to determine if it captures the full scope of your harm.
Your attorney will insist on a fair amount if the insurance company fails to offer an adequate amount. They will not compromise on their stance to give you a fair settlement. They will also allow the insurance adjuster to understand that they are willing to litigate the case on your behalf.
Delay in Legal Action
As observed earlier, personal injury cases are time-bound. Even if you have the finest claim but fail to act promptly, you will lose the opportunity to recover damages. The statute of limitations for personal injury ranges from two to four years, depending on your location.
If you hesitate to take legal action, your case will become time-barred. If you find yourself in this situation, you have exceeded the legal window to demand compensation. However, involving a lawyer immediately after your incident can save you from this tricky situation.
Concluding Remarks
If you want to receive fair compensation for your personal injury incident, you must avoid these typical mistakes in your claim. The legal field is strict, and the opposition will exploit any legal loophole against you. You must adhere strictly to legal demands to see your claim through.
Your best deal in any personal injury case is to promptly involve an attorney. When a legal professional guides you from the outset, they will ensure you do the right thing. For instance, they can help you with documentation, collation of evidence, and protecting your rights.
An outstanding local personal injury attorney will not abandon you even when things get tough and become overwhelming.
