You must file a personal injury claim if you want to receive compensation from an at-fault party. However, filing a claim does not imply automatic approval. The procedure is complex and challenging.
“That is why many personal injury victims make some mistakes when filing their claims. Such mistakes can undermine the value of your claim, making you lose a substantial amount. Understanding these typical mistakes will help you avoid them and stay on guard,” says John H. Fisher of The New York Injury & Malpractice Law Firm, P.C..
This piece highlights nine typical mistakes victims make when filing their personal injury claims and how you can shield yourself from them:
Table of Contents
Mistake 1: Delay in Seeking Medical Care
Many victims fail to seek medical attention immediately after their injuries. They assume they are fine or that their injury does not require a visit to a healthcare facility. When you fail or delay in seeking medical attention, you shortchange yourself.
Some injuries do not manifest immediately. Examples include internal injuries, concussions, and whiplash. Your health can deteriorate if you fail to seek medical intervention proactively.
It can also reduce your chances of recovering maximum compensation because the other party will argue that if your injuries were as severe as you claim, you would have visited a clinic immediately. They may also claim that you did not sustain the said injuries from the accident. These arguments are plausible and may swing justice in their favor.
When you visit a healthcare facility immediately after your incident, the physician can evaluate you and document their findings. Having a record of your harm strengthens your claim. The medical record is part of the crucial evidence you need to bolster your claim.
Therefore, always seek medical attention immediately after an accident, no matter how you feel. Keep a detailed record of your tests, treatments, therapy sessions, and follow-up visits related to the harm.
Mistake 2: Failure to Document the Accident Scene
You must not trivialize any evidence when you are involved in a personal injury accident. The evidence you gather at the accident scene can bolster your claim. However, many victims often overlook the importance of documenting events at the accident scene.
The potency of your on-scene evidence can affect the success of your claim. You can take photos or record videos of the accident scene, capturing your injuries, the damage to your property, and the surrounding environment.
You should also get the contact details of eyewitnesses for your lawyer to speak with them later. You should invite the police to the scene because their report will support your account of the events.
Furthermore, keep all receipts related to the incident, including those for medical treatment, ambulance costs, follow-up transportation, and any other related expenses. Failing to document these properly can make it difficult to establish a strong claim.
You should quickly engage a local personal injury attorney to help you gather and preserve evidence after an accident. Being too hesitant will affect the value of your claim.
Mistake 3: Downplaying Your Harm or Admitting Fault
It is a colossal mistake to admit fault to the other party at the scene of the accident. Some also downplay their harm, even before visiting the hospital. Waving off the severity of your injury can affect your claim. Many do not know how an innocent “I’m sorry” or “I take the blame for this” statement can affect them.
Never admit fault, even if the circumstances surrounding the accident are unclear. Allow professionals to investigate and determine the cause of the fault. Once you admit fault prematurely, it becomes difficult to recover damages.
Similarly, you shortchange yourself when you refuse to report all your pains and injuries. Just because you do not want to appear dramatic does not mean you should downplay your injuries. In the personal injury claims process, when you say less, you get less.
Let a physician examine you to identify your injuries and any related symptoms. The doctor’s report can serve as a key foundation for negotiating fair compensation.
Mistake 4: Failure to Inform Insurance Firms Early
You may need to inform both your insurer and the other party about the accident. However, some people feel reluctant to inform their insurers about an accident. Even when they eventually report the incident, they withhold vital information.
When you delay in informing insurance companies, they may deny your claim or cause avoidable complications. That is why it is crucial to familiarize yourself with your insurance policy requirements and state laws. If you fail to meet the deadline of your insurance firm, it will affect your chances of getting maximum compensation.
A wise course of action is to hire a personal injury attorney to handle negotiations with the insurance companies. An experienced lawyer understands the legal requirements and how to navigate them effectively on your behalf.
Mistake 5: Ignoring Non-Economic Damages
Many victims focus on economic damages such as lost earnings, medical expenses, and property damage when instituting their personal injury claims. This is a myopic and one-sided claim, as your case may also entail non-economic damages, like emotional distress, pain, loss of life enjoyment, and suffering.
Although difficult to quantify, when you add non-economic damages to your claim, they increase your compensation amount. When you involve an attorney, they know the factors to consider to include non-economic damages in your claim.
Mistake 6: Failure to Document Damages and Expenses
Thinking you have a magnetic brain and can save everything without writing it down can be your undoing in your claims process. Learn to keep a detailed record of the damages you suffer in an accident and related expenses. Specifically, you must document medical expenses, travel costs to see your doctor, therapy sessions, the cost of repairing damaged vehicles, and any other out-of-pocket expenses.
If you fail to document these expenses, it will be challenging to prove your claim. It helps you understand the extent of your financial losses.
Maintaining a detailed record enables you to have an organized system that makes it easy to account for all your expenses. Your claim will also cover all the monetary losses you suffered as a result of the accident.
Mistake 7: Failure to Quickly Institute a Claim
Every jurisdiction has a deadline for personal injury victims to file their claims. When the statute of limitations elapses, you lose the opportunity to hold the at-fault party liable.
Therefore, you should work with a responsive attorney who knows the statute of limitations in your state. They will help you file your claim within the timeframe to set the legal battle on the right path.
Mistake 8: Accepting the Initial Settlement Offer
It’s a mistake to assume insurance companies are focused on your interests. Their goal is to protect their bottom line, even if it means shortchanging you. They often employ tactics designed to minimize their claims payments.
They often pretend to care by offering a quick settlement, claiming it’s the easiest way to get treatment and move forward. But this is simply a tactic to limit their payout. Accepting that initial offer can lead to regret once it becomes clear that the compensation falls short of covering the full extent of the damages.
You should involve an attorney to analyze the case and determine the appropriate value of your claim. You should also allow your legal representative to negotiate with the insurance adjuster.
Mistake 9: Failure to Engage a Personal Injury Attorney
It will overwhelm you to deal with injuries and handle legal tussles simultaneously. Personal injury law is a detailed and complex field. It will take time for a non-legal person to understand it, and yet, the statute of limitations is ticking.
Some victims choose to handle their cases themselves because they do not want to incur legal fees. When you subscribe to this notion, you might find yourself in a pool of issues. Insurance firms will easily take advantage of you and offer you less than what your claim is worth.
Closing Remarks
Deciding to walk on the slippery path of filing a personal injury claim without an attorney’s assistance can be a costly mistake. You might jump from one error to another, which might eventually weaken your case.
However, involving a local personal injury attorney can be a game-changer. They will guide you against the mistakes highlighted in this article and defend your rights. They will insist on getting maximum compensation for your injuries and losses.
