8 Common Personal Injury Claim Mistakes

A personal injury claim can feel overwhelming, particularly for those new to the legal procedures.

Errors during this crucial period may slow down your claim’s resolution and potentially diminish your compensation amount.

From your immediate post-accident response to your insurance company communications, every step matters. Knowing the typical missteps can help safeguard your rights and streamline the process.

Hi. In today’s blog, I will be talking about the most common personal injury claim mistakes that might cost you your case. So, if that is something you want to avoid, keep reading this blog till the end and thank me later…

Common Personal Injury Claim Mistakes You Should Avoid

A lot of people think that not hiring a lawyer for their personal injury cases will not make much of a difference. However, that’s not true!

Rather, it is one of the most common mistakes that you can make. And THIS will cost you your entire case.

So, what are the most common personal injury claim mistakes? Here’s a list you need to check out:

Communicating Without Legal Representation

The at-fault party’s insurance company will likely approach you after an injury.

While denying these conversations may seem impolite, insurance agents are primarily concerned with their employer’s financial interests, not your recovery requirements. Speaking with them without legal representation could potentially damage your claim.

Insurance adjusters use professional questioning techniques that might extract statements later used against you.

Even casual comments about your accident or injuries could be misinterpreted or taken out of context.

You might accidentally suggest partial responsibility or minimize your injuries without realizing the potential consequences.

The safest approach is to respectfully decline providing detailed information directly to the other party’s insurer.

Simply let them know that your attorney at Aitken Aitken Cohn will handle all communications moving forward.

Professional legal representation protects your interests and prevents unintended statements from compromising your claim.

Delaying Medical Attention

Getting medical help right away after an accident serves two essential purposes. First and foremost, it addresses your health needs, but it also creates necessary documentation for any potential injury claim.

Insurance companies may question the degree of your injuries and whether they were from the accident when you delay seeing a doctor.

The medical records generated immediately after an incident provide strong evidence connecting your injuries directly to the event.

These timely medical documents outline your specific injuries, treatments, and professional medical assessments about your recovery outlook.

Without this prompt documentation, proving that your injuries stemmed from the accident becomes significantly more difficult.

Failure to Document the Incident

Insufficient documentation following an injury represents a critical error in personal injury claims.

For instance, properly capturing evidence soon following an incident significantly strengthens your case.

Failure to appropriately document may jeopardize your ability to prove fault and clarify how your injury occurred.

Adequate documentation requires several essential actions. If you can, take comprehensive photos of the accident site, or request assistance from someone nearby.

Document any contributing hazards, such as wet floors, uneven walkways, insufficient lighting, or property damage.

Include panoramic views showing the entire setting and detailed close-ups highlighting specific hazards.

Don’t stop at photographs; collect contact details from anyone who witnessed the incident, as their testimony can substantiate your account.

Request a copy of any police report filed. Also, save relevant physical evidence like damaged personal items or clothing that might support your claim.

Remember, thorough documentation typically results in a more compelling case.

Sharing the Incident on Social Media

Social media sharing has become almost automatic. Yet, your online presence demands careful navigation during a personal injury claim.

While seemingly harmless social media posts can provide ammunition for insurance companies to challenge your case.

Legal teams meticulously scrutinize claimants’ online activities, searching for any content that might contradict their injury narrative.

A photograph or casual update could be strategically twisted to suggest your injuries are less severe than claimed.

To safeguard your legal interests, maintain complete digital discretion. This means abstaining from posting about your accident, recovery, or daily experiences. 

Communicate with your social circle about the importance of restraint, ensuring they don’t inadvertently compromise your claim through their posts.

Protecting your legal rights requires a temporary but comprehensive approach to online communication.

Seeking Legal Guidance from Relatives and Friends

People close to you often share their thoughts on your injury claim. Every case is different, and what helped someone else might not be right for your situation.

When in doubt, consult your personal injury lawyer rather than seeking advice from those without legal expertise.

Limit discussions about your accident or claim with others, even well-intentioned suggestions could damage your case.

Avoid comparing your claim’s value to other cases. Each situation has unique elements affecting compensation, such as medical costs, income loss, and the suffering experienced.

You hired your attorney for their expertise, so rely on their professional guidance for accurate legal advice and proper claim valuation.

Settling Quickly with an Offer

When money is tight, taking an insurance company’s first settlement may look tempting. Yet these initial offers typically undervalue your claim. 

Insurers often push for quick settlements before you understand your injuries completely. You might agree to compensation covering your current medical bills.

And then later find you need additional treatments or procedures. Accepting a settlement typically closes the door to seeking more compensation later.

To protect yourself, thoroughly assess all your damages before agreeing to anything. Get medical professionals’ opinions on your long-term recovery needs and document every expense.

Don’t accept inadequate offers; get legal help to negotiate proper compensation.

Taking on the Claim by Yourself

Handling a personal injury claim alone can be difficult, especially when understanding insurance processes and regulatory requirements.

Self-representation is an option, but it necessitates organizing complex documentation, negotiating strategies, and comprehending key legal principles.

For example, you might accept less than you deserve without knowing how to properly value non-economic damages such as pain and suffering. Insurance providers may also leverage your inexperience to propose minimal settlements.

To protect yourself, reach out to someone knowledgeable about personal injury claims. Their expertise can:

• Clarify your entitlements.
• Help collect necessary evidence.
• Strengthen your negotiating position.

Even without formal representation, getting advice can substantially improve your claim results.

Engaging the Other Party’s Insurance Adjuster

Unprepared conversations with the other party’s adjuster could undermine your claim. These professionals are specifically trained to reduce settlement amounts and may strategically use your words against you.

Should you casually remark that your injuries seem minor or that you’re “doing okay”, the adjuster might document this as evidence that your claim is exaggerated.

They may also record your statements and later present them without full context to challenge your case.

For your protection, avoid direct communication with the other driver’s insurance company before seeking legal advice.

If interaction becomes necessary, limit your discussion to basic accident details like when and where it occurred.

Avoid mentioning who was at fault, the extent of your injuries, or potential settlement figures to preserve the strength of your claim.

Wrapping It Up!

Navigating a personal injury claim successfully calls for awareness of possible risks. Which is why you need to do the following things:

• Seek medical attention immediately.
• Follow all treatment advice.
• Avoid making comments that could suggest responsibility.
• Closely review early settlement offers.

And most importantly, you need to hire a seasoned personal injury attorney who can offer professional advice throughout your case to maximize your compensation claim.

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