A personal injury claim can be overwhelming, since physical therapy, medical expenses, lost wages, and tons of paperwork are all part of the equation.
Far too often, however, personal injury claims derail or collapse altogether due to avoidable mistakes.
What follows are five ways people unknowingly blow up their personal injury claims and how to avoid such errors if you face a personal injury scenario.
1. Waiting Too Long to Get Medical Help (Or Downplaying Injuries)
One of the biggest blunders is failing to visit a physician immediately or trying to “tough it out” and proceed like everything’s okay — even if it isn’t. Delays in medical treatment create gaps in the medical history, and insurance providers will argue that a lengthy gap indicates your injury was not serious or was not accident-related.
Medical records establish causation and damages. If you don’t make the initial connection between what happened and how you were injured, it is a “he said, she said” fight. Even if you’re certain an injury is minor, symptoms can worsen later on — and so can your court case if you didn’t mark down when the problem occurred and when you sought medical attention.
That’s one reason to retain the services of a reputable personal injury lawyer who can guide you and keep you on the right path rather than let you derail your claim.
Any good personal injury lawyer will tell you to visit a doctor as soon as possible after an accident. Completing any treatments and tests as instructed by your healthcare service provider is also a must. You should also make photocopies of all medical bills, reports, prescriptions, and referral slips.
- Posting (Or Oversharing) on Social Media
Social media has its place, but putting your business on the internet via social media isn’t always in your best interests. If you’re in the middle of a personal injury claim and post photos or statements that can be misinterpreted, you could make your lawyer’s job harder.
Avoid social media altogether during your case, or activate your privacy settings and ask friends and family not to share details about your situation.
3. Admitting Fault or Making Careless Statements at the Scene
After an accident, it might seem appropriate to say “I’m sorry” or admit partial responsibility without thinking. Similarly, giving an off-the-cuff statement to the other party or insurance adjuster can be used to deny or reduce your claim.
Apologies are too readily interpreted to be confessions of fault. Insurers will hold on to anything that suggests liability or that your action led to the accident or injury. Don’t put your foot in your mouth and possibly jeopardize your personal injury claim.
It’s best to remain safe on the scene and call emergency services if needed. Don’t acknowledge fault. Who is at fault will be determined during the personal injury claim. Give a brief factual statement to police and medical staff if required, but save any other details for your personal injury lawyer.
- Missing Deadlines and Forgetting Paperwork
If you wish to file a claim after an injury, you must do so on time. Failing to meet a deadline can mean losing your right to file a claim altogether. Also, refusing to comply with discovery requests or provide documents consistently and on time can damage your case.
Judges strictly enforce time constraints. Being late can derail your case, and failure to complete mandated discovery might lead to fines or dismissal.
You’ll want to monitor all deadlines and respond promptly to legal or administrative notices. After hiring an attorney, send documents to them in a timely fashion. And if you’re unsure of a deadline or how to respond, call your attorney for guidance.
- Trying to Handle Complex Claims Yourself
It might seem like a good idea to go it alone and leave a lawyer out of the equation when filing a personal injury claim – but that’s a bad idea.
Strategic errors, damage underestimation, or incompetent negotiation will leave money on the table. Insurers won’t hold your hand through the process, so it’s best to hire an experienced personal injury lawyer who can help guide you.
While no one wants to suffer a personal injury, that doesn’t mean such incidents won’t happen. You’ll want to know what to do if you experience harm due to someone else’s negligence.
Avoid the mistakes mentioned above to give yourself the best odds of success.
