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Filing a personal injury claim can be a complex and challenging process. Mistakes made during this time can significantly impact the outcome of your case, potentially affecting the compensation you receive.
The help of an attorney, like those from our friends at Marsh | Rickard | Bryan, LLC, can help you avoid many of the common mistakes personal injury plaintiffs often make. You can help yourself – and your lawyer – by keeping these tips in mind if you’re hurt in an accident.
1. Waiting Too Long To File
One of the most critical mistakes is delaying the filing of your claim. Each jurisdiction has a statute of limitations that sets a deadline for filing a personal injury claim. If you miss this deadline, you may lose your right to pursue compensation altogether. Taking action sooner rather than later also allows for fresher evidence and witness testimony, which can strengthen your case.
2. Failing To Seek Immediate Medical Attention
Another common mistake is neglecting to seek medical attention immediately after an accident. Even if you feel fine, some injuries may not manifest symptoms right away. Failing to get a medical evaluation can not only jeopardize your health but also undermine your claim. Insurance companies and courts may argue that if you didn’t seek medical treatment right away, your injuries might not be as severe or directly related to the accident. Plus, prompt medical attention ties your injuries to the accident, in case the defense attempts to claim they were pre-existing conditions or occurred in another manner (i.e., not caused by the accident).
3. Settling Too Quickly
Many individuals are tempted to accept a quick settlement offer from an insurance company. While this might seem like a swift resolution, it often comes with the risk of undercompensation. Insurance companies are typically motivated to settle claims for as little as possible. By accepting a quick settlement, you may be agreeing to less compensation than you are entitled to, especially if your injuries turn out to be more severe or long-lasting than initially anticipated.
4. Not Gathering Sufficient Evidence
Evidence is the cornerstone of any successful personal injury claim. Failing to gather and preserve evidence can severely weaken your case. Essential evidence includes photographs of the accident scene, witness statements, medical records, and police reports. Documenting the scene, injuries, and any damages thoroughly can provide critical support for your claim. Additionally, keeping a detailed record of your medical treatments, expenses, and any impact on your daily life will help demonstrate the full extent of your injuries and losses.
5. Providing Inaccurate Or Incomplete Information
It’s crucial to be truthful and thorough when providing information to your attorney, insurance company, or medical professionals. Inaccurate statements or omissions can lead to allegations of fraud or misrepresentation, which can negatively impact your case. Always ensure that the information you provide is accurate and complete, and consult with your lawyer before making any statements or decisions that could affect your claim.
Avoiding these common mistakes can significantly improve your chances of a successful personal injury claim. If you’re unsure about any aspect of your claim, the advice of an experienced personal injury lawyer can prove invaluable.
