If you’ve been in an accident, you may be entitled to receive compensation for your medical bills, lost wages, and other damages. However, it is vital to keep in mind that the process of making a personal injury claim can be complex.
To ensure the best outcome for your case, it is crucial to avoid common mistakes that can derail your claim. Let’s take a look at four of these common mistakes and how you can avoid them.
1. Failing to Document Your Injuries
If you have been injured in an accident, your first step should be seeking medical attention. It is imperative to get evaluated by a doctor as soon as possible after an accident, even if your injuries initially seem minor. You may have underlying injuries that are not immediately apparent, so it is best to get checked out immediately.
Some injuries are slow-developing and may not become evident until weeks or months after an accident occurs, so getting checked out by a doctor as soon as possible is essential.
Seeking medical care right away will help strengthen your case by establishing that the injury was caused during the accident and not some other incident between then and when you file your claim.
Additionally, seeking medical attention will help strengthen your personal injury case if it goes to court. After an accident, it’s essential to document your injuries as thoroughly as possible.
This includes saving all medical documentation related to your treatment. Additionally, keep records of any costs associated with the accident, such as lost wages from missed work due to recovery time or transportation expenses related to doctor visits.
Once you have received medical attention for any injuries sustained in an accident, you must follow through with all recommended treatments, such as physical therapy or medication prescribed by your doctor. Not doing so can weaken your case and make it more difficult to receive compensation for your losses or damages.
2. Waiting Too Long to File Your Claim
Every state has a statute of limitations for filing personal injury claims, so you should act quickly after an accident. If you wait too long, you may miss out on the opportunity for compensation altogether.
The personal injury statute of limitations in the US ranges from one year (Kentucky, Louisiana, and Tennessee) to six years (Maine and North Dakota), but most give you two years from the date of your accident to pursue legal action.
However, just because you may have several years to file a claim doesn’t mean you should wait. Promptly filing a claim allows you to collect evidence that has not yet degraded due to time or weather conditions.
It is vital to gather evidence immediately following an accident to build your case and support any claims against another party. This includes taking photos of the accident scene and gathering information from witnesses or other involved parties, such as names and contact information, driver’s license numbers, and insurance information.
The more supporting evidence there is for your claim, the more likely it will be successful in court.
In addition, not having enough time can make it more difficult for attorneys and insurance companies to review facts related to your case to present you with fair compensation.
3. Not Seeking Legal Representation
According to the Bureau of Justice Statistics, about 3 to 4% of personal injury cases go to trial. One mistake many people make when filing a personal injury claim is trying to do so without professional help from a lawyer specializing in this area of law practice.
An experienced personal injury lawyer will be able to provide valuable insight on how much money could be awarded as compensation and represent clients during settlement negotiations with insurance companies or court hearings should they arise.
A lawyer will also help ensure that all evidence is collected correctly from the other party’s legal team, insurer, and any witnesses to the accident. They will present your case in court accurately, which is critical for ensuring the success of your claim.
Witnesses can play an essential role in helping victims receive fair compensation for their injuries by providing firsthand accounts of what happened leading up to an accident or injury. So, if there were witnesses present at the time of your accident or injury — make sure they are included in your personal injury claim paperwork so that their testimonies may be taken into consideration during settlement negotiations.
4. Accepting a Low Settlement Offer
It’s common for insurance companies to offer low initial settlement amounts to save themselves money and avoid going through a lengthy trial process. However, these offers are often inadequate and fail to cover all the damages incurred by the injured party.
That’s why having legal representation is so important; an experienced attorney will know how much your case is worth and fight aggressively on your behalf until you receive fair compensation for your injuries.
When claiming against another party’s insurance company after an accident, many people make incorrect assumptions about their settlement amount based on what they perceive their losses or damages were worth, financially speaking.
You must seek legal advice from a lawyer who specializes in personal injury cases before making any assumptions about what you believe your settlement amount should be so that you can ensure that all of your losses are covered in full by the insurance company.
Be Prepared
Filing a personal injury claim can be overwhelming and stressful. By avoiding these common mistakes when filing a personal injury claim, victims increase their chances of receiving fair compensation for their losses while protecting their legal rights throughout every step of the process.
Making a successful personal injury claim requires knowledge of relevant laws and regulations and understanding all available options when seeking maximum reimbursement for damages sustained due to another party’s negligence or recklessness.
If you have been injured due to another person’s negligence or recklessness, contact an experienced lawyer today who specializes in personal injury law. They can help ensure that justice is served and maximum reimbursement obtained for any damages sustained due to another party’s actions.
