Common Mistakes to Avoid in Personal Injury Claims

Have you experienced an accident for which you weren’t responsible?

Personal injury claims often feel overwhelming to people who must handle injuries and medical expenses alongside lost wages. The 39.5 million personal injury cases that require medical treatment each year in the US confirm that you share your struggles with numerous others.

Here’s the problem…

People often commit expensive errors during their personal injury claims which can significantly harm their opportunity to win fair compensation. Such mistakes could lead to losing substantial settlements and ending up with no compensation.

This guide will provide you with knowledge about the usual mistakes people make during personal injury claims and strategies to avoid them. You will obtain a precise guide to steer your claim through to success.

What’s Inside:

1. Delaying Medical Treatment
2. Talking Too Much to Insurance Companies
3. Accepting the First Settlement Offer
4. Not Documenting Everything
5. Posting on Social Media
6. Handling Your Claim Without Professional Help
7. Hiding Previous Injuries
8. Missing the Statute of Limitations

Delaying Medical Treatment

A major blunder occurs when people delay visiting a doctor for too long. You might feel okay after an accident but it’s dangerous to put off getting medical help.

• Medical documentation stands as key proof because insurers will examine your healthcare visit history. Delays create doubt about injury severity.
• Whiplash along with concussions and internal injuries usually develop symptoms that become apparent after some time.
• Without proper medical care minor injuries can develop into more severe conditions.

Avoid becoming a statistic by prioritizing your health after an accident.

Seek medical attention from a professional immediately following an accident regardless of your current condition. The result of this action is an established medical document that connects your injuries to the accident.

Talking Too Much to Insurance Companies

The insurance company of the party responsible for an accident will probably reach out to you soon afterwards. The representatives from the insurance company may appear understanding yet remember their primary objective is to reduce your settlement amount.

Here’s where many people go wrong:

• Giving recorded statements without legal advice
• Speculating about fault or the accident details
• Discussing their injuries in detail
• Accepting blame or apologizing

Experienced insurance adjusters who process claims on a daily basis can turn harmless remarks into case-damaging evidence.

The proficient team at Cellino Law understands insurance companies’ strategies and advises their clients to allow legal representatives to manage all interactions with these insurance entities.

The best approach? Be polite but provide only basic information. It’s important to refrain from talking about fault or injuries and avoid mentioning any settlement amounts until you get approval from your attorney.

Accepting the First Settlement Offer

Insurance companies frequently provide fast settlement offers to entice you into accepting before you fully understand your injuries and damages. Your claim’s initial settlement offer is almost always significantly less than its true value.

Consider this: Data shows that personal injury claimants received an average settlement amount of $113,391 between 2016 and 2023. Many people accept lower settlements without recognizing the full value of their claim.

These are the important details to understand before agreeing to any settlement offer.

• You need to understand both the full scope of your injuries and how much time your recovery will take.
• All medical expenses, including future treatment
• Lost wages and future earning capacity
• Pain and suffering damages you’re entitled to

Rushing to settle is a costly mistake. You lose the ability to request additional compensation after accepting an offer and signing a release, regardless of your injuries worsening afterwards.

Before evaluating settlement offers it’s crucial to collaborate with your attorney to determine the accurate worth of your claim through patience and careful assessment.

Not Documenting Everything

Poor documentation is a claim-killer. When you lack adequate evidence it becomes your word against theirs which seldom benefits injury victims.

You need to record these specific details after an accident occurs:

• Document the accident scene with pictures showing vehicle damage and environmental conditions along with traffic signs and skid marks as well as any personal injuries.
• Maintain copies of all medical reports along with test results and treatment plans.
• Keep your receipts for medical bills as well as medications and medical equipment along with property repairs to track expenses.
• Keep track of missed work days and obtain statements from your employer to document lost income
• Maintain a daily log to track how your injuries impact your routine activities.

Detailed documentation strengthens your claim. Capture photographs from various perspectives and create a separate folder for all accident-related documentation while keeping a daily record of your pain levels and physical limitations.

Falls at the same level represented roughly 17% of all disabling workplace injury costs during 2023. Validating both these injuries and others depends heavily on good documentation.

Posting on Social Media

During a personal injury claim, social media can become your main adversary in today’s interconnected world.

Defense attorneys together with insurance companies examine claimants’ social media accounts for discrepancies. An innocent family photograph might serve as evidence against your injury claim’s validity.

Avoid posting:

• Photos or videos of physical activities
• Check-ins at locations suggesting wellness
• Comments about your accident or injuries
• Vacation pictures or fun activities

The most secure method to protect your claim is to avoid social media until the case concludes. Legal discovery processes can lead to obtaining “private” posts from social media.

Handling Your Claim Without Professional Help

Managing your personal injury claim by yourself is like performing self-surgery – theoretically feasible but strongly discouraged.

Insurance companies employ teams of adjusters, investigators alongside attorneys to reduce settlement payments. You face a significant disadvantage if you choose not to hire a lawyer for your legal matter.

Research indicates that claimants who hire attorneys receive settlements which are typically three to four times larger than those who go without representation even after legal fees have been deducted.

A personal injury attorney brings crucial advantages:

• A personal injury attorney possesses essential knowledge of personal injury law combined with an understanding of equitable compensation values.
• Experience negotiating with insurance companies
• An attorney provides essential tools to thoroughly investigate and document your claim.
• Your lawyer can bring your case before a court trial when it becomes necessary.

The recent statistic of 2.3 million auto accident injuries in the US makes proper legal representation essential now more than ever.

Personal injury lawyers typically operate under a contingency fee system which means they receive payment only when they win your case.

Hiding Previous Injuries

Failing to disclose earlier physical injuries or medical issues will lead to the failure of your claim. Insurance companies can review your medical history to verify any past injuries to the same body parts.

When insurance companies find out about your dishonesty they will:

• Question your credibility about everything else
• Argue your injuries existed before the accident
• Potentially deny your claim entirely

The better approach? Always disclose any pre-existing conditions or prior injuries truthfully. An attorney will show you how your existing condition sustained additional harm during the accident and affirm that this additional harm is fully eligible for compensation.

Previous medical conditions will not prevent you from receiving compensation. The focus is on how the accident altered your existing condition and your quality of life today.

Missing the Statute of Limitations

Each state implements strict deadlines known as statutes of limitations for filing personal injury lawsuits. If you fail to meet this deadline you permanently forfeit your right to compensation.

Statute of limitations periods differ across states but generally fall between one and six years. Specific conditions may reduce these deadlines to shorter periods.

• Government entities expect claimants to adhere to significantly shorter notification periods.
• Different deadlines apply to various categories of claims.
• Claims involving minors may have different rules

The fact that unintentional injuries kill approximately 58,500 Americans each year makes it vital to understand legal time limits.

The best approach? Schedule a consultation with an attorney immediately following your accident.

Final Thoughts on Personal Injury Claims

Steering clear of these frequent errors can determine the success of your claim by ensuring you receive fair compensation rather than ending with no payment. Navigating personal injury claims requires specialized guidance due to their inherent complexity.

Any decision you make following an injury has the potential to affect the outcome of your claim. The decisions you make about medical care and your conversations with insurers have significant consequences. Empirical evidence demonstrates that individuals who handle their claims strategically achieve superior results.

If you’ve been injured, take action today. Defend your rights by steering clear of common mistakes while seeking advice from seasoned legal experts who will help you through the entire process