Personal Injury claims are among the most common legal cases in the United States. Statistics show that over 4,000 people suffered fatal injuries in 2020, a slight decrease from the cases recorded in 2019.
If you get involved in a personal injury, you need to take various steps and file a claim to receive compensation for the damage incurred. However, any small error when filing a claim can frustrate your efforts. You may end up not getting what you deserve. Here are the mistakes to avoid when filing a personal injury claim.
1. Not Seeking Medical Treatment Immediately
Whether you feel seriously injured or not, it is imperative to seek medical treatment to pursue a successful case. If you fail to get medical care, you will not get the medical records to use as evidence in your case. But if you seek medical help, you will have the records to show the damage you suffered in the accident. As a result, the insurance or court may award you the damage.
Your attorney and the insurance company will likely ask for the medical records to determine the compensation you receive. Therefore, call your doctor immediately after an accident, seek medical care, and keep all the medical records safe.
2. Not Documenting All the Evidence
While an accident can cause pain and confusion, it is imperative to record all the evidence at the accident scene. If you fail to collect the evidence, you will not have much to show about how the accident occurred. It might also be challenging to prove the at-fault party, making it even more complicated to file a successful case.
Ensure you collect evidence immediately after the accident. Take photos of the scene, date, time, location, and other driver’s details, witness statements, and insurance details.
3. Failure to File Within the Required Time Frame
Statute of limitation is the time frame for filing a personal injury claim. The law requires you to file a claim within the stipulated time frame. It is best to check the statute of limitations for filing personal injury claims within your state to help you make informed decisions and file the claim on time. You do not want to miss out on the compensation when you already have concrete evidence just because of not filing the claims on time.
4. Accepting Initial Offer from the Insurance Company
Dealing with insurance companies can be challenging if you lack the skills and expertise. Some companies would want to take advantage and pay you less compensation than you deserve.
Therefore, you shouldn’t accept the initial offer from the insurance company because it will likely be lower than what you deserve. It is best to take time and think through it while also seeking advice from experts.
5. Communication with the Relevant Insurance Companies
Since you may not have the legal expertise and experience of dealing with insurance companies, it can be risky to give more information about the accident.
Avoid mentioning any pre-existing medical conditions or giving a statement immediately. If you have social media accounts, avoid posting about the accident because it might contradict your statement and be used against you. Insurance companies can do anything to deny the claim and save money.
It is always best to consult with a personal injury attorney before speaking to the insurance company. The attorney can guide and advise you on what information to communicate to the insurance. Sometimes, the lawyer can even speak on your behalf and talk to the insurer.
The Bottom Line
With 31 million accidents serious enough to require the attention of a doctor every year, personal injury claims are not uncommon; However, they can be daunting and confusing if it’s your first time. Handling personal injury claims can be seamless if you avoid the above mistakes. By following the correct procedures, you can get the compensation you deserve within the shortest time possible. Click here for more information about filing personal injury claims.