6 Common Mistakes Made When Filing a Personal Injury Claim

After an injury, your life has likely been changed in many ways. Suddenly, you are forced to deal with problems you never thought you would have to manage. You are facing pain and emotional trauma, loss of income, medical expenses, and maybe even irreversible physical damage. Fortunately, there are regulations that support those who’ve been injured through the negligence of another party.

Those who have been injured following an accdient  are eligible to file personal injury claims which help hold negligent parties accountable for harmful action and help recover losses.

The thing is, most people who file these claims have never done so before, and it’s easy to make errors at any point in what can be a complicated legal process. Understanding the process and common legal terms is imperative, as is soliciting the backing of a trustworthy personal injury attorney. Working with a competent personal legal advisor will help you dodge some of the most common mistakes, in addition to many others you may not be able to predict. Common mistakes when filing a personal injury claim include:

1.    Not Seeking Medical Treatment

Those who have been injured in an accident do not realize that the medical attention they receive after an injury is a key component of their personal injury claim. That being said, it’s important to keep your medical record in order to prove that you were injured, the nature and the extent of your injuries, and that your injuries were the consequence of the accident and not a pre-existing illness. Medical records will also document the treatment you need, diagnostic tests, time spent in recuperation, and other valuable data concerning your recovery. Your legal advisor will use this information to calculate the amount of compensation you should receive.

Allowing a medical expert to evaluate your injuries after an accident is critical to your healing process. There’s a good chance you may skip a medical examination for a variety of reasons, but you’re likely unaware of how severe your injuries are or may become, even if you “feel fine”. More often than not, health complication appears later in time after an accident. Failure to receive proper medical attention isn’t just dangerous to your wellbeing but can also put your personal injury claim at risk.

2.    Thinking You Can’t Afford a Lawyer

Lawyers. They are expensive, and often following a car accident, people wonder how they can afford a personal injury lawyer. The truth is, sometimes those who suffer a personal injury do not contact a legal advisor for fear that they will have to pay an expensive retainer fee, high hourly rates, or high costs in order to pursue their claim.

However, this is not the reality for all personal injury cases nor for all legal advisors handling these cases. Some attorneys charge no fee for a consultation and only if they make a recovery on your case.

3.    Settling Too Early

Appalling amounts place a lot of pressure on plaintiffs to settle before bringing their personal injury case to court. While it’s naturally tempting to give in to any offer without your legal advisor present, try not to be hasty. What seems like a good-enough compensation could be lacking depending on the extent of your injury, and there could be a higher compensation amount expressed in the courtroom.

Always seek the advice of your legal advisor before making any financial decisions. You can also find out more about increasing your settlement amount so try to be transparent with your personal injury lawyer.

4.    Missing Mandatory Deadlines

More than often, personal injury victims deserving of compensation for their losses were refused adequate compensation because of an error as minor as a missed deadline.

Following a car accident, for instance, you should be aware of the required deadlines applicable to your case in order to avoid being unfairly burdened with the financial responsibility of an accident which was not your fault.

Different states have different ‘statue of limitations’’ that determine the amount of time someone has to file a claim for personal injury following an accident. In Texas, for example, the statute of limitation for common accidents is two years after the date of the accident.

5.    Sharing Valuable Information on Social Media

After a life-alternating event such as a car accident, it’s normal to want to share the details of your experience with your family and friends. Naturally, we seek understanding, so it makes sense to keep those around informed of your status and recovery.

But, insurance companies are known for mining social media accounts for data that can be used to discredit your claim. Even a well-intended post letting your dear ones know you’re safe can be used against you in a personal injury case.

While your personal injury case is active, make sure you avoid posting about topics or activities that show you apparently healthy and enjoying life. The other party can use this information to prove in court that you are not actually emotionally affected or injured.

What’s more, whenever possible, convince your loved ones to retain from sharing information about your case on their social media accounts.

6.    Having Little Grasp of the Legal Environment  

Understanding the process behind a claim and the action to take after an injury-causing accident is not easy. Even for those with a decent amount of legal experience, it takes active and ongoing learning to make sure you have a solid grasp of the current and emerging legislation, local, federal and state laws and the situation of your case and more.

It’s a common mistake to think that your personal injury case is simple and that nothing can go wrong. The insurance company and the other party will notice your lack of experience thus will try to exploit any ignorance on your part to discredit your case.


Interesting Related Article: “An Outline Of The Personal Injury Claim Process