Perhaps you were involved in an auto accident? Maybe you were bitten by somebody’s dog?
Whatever the case may be, you’re looking to file a personal injury claim.
That’s why you’re here: you want to make sure you do things the right way. So, you’re wondering: what kinds of mistakes should you avoid when making personal injury claims?
There are a number of landmines you’ll need to step around, and they include the following:
Failing to Hire an Attorney
The biggest mistake you can make when filing a personal injury claim is failing to hire an attorney like the ones with alphaaccidentlawyers.com. Why is this a mistake? Because the process of pursuing a settlement is complex, arduous, and difficult to navigate.
Without a personal injury lawyer on your side, you’re going to struggle to do the right things at the right times. A lawyer’s experience is invaluable in guiding you to a favorable outcome.
Not only will an attorney ensure that you’re filing all of the proper paperwork, but they’ll also argue on your behalf both in the court of law and when speaking with insurance companies. This is in addition to helping accumulate personal injury evidence.
Yes, you can file a personal injury claim without the assistance of an experienced lawyer. But doing so would drastically reduce your chances of a positive outcome.
Discussing the Incident With Outsiders
Perhaps the most common mistake made when a person files a personal injury claim is discussing that claim with outside individuals. These could be friends, family members, people who were involved in the accident, or otherwise.
The problem with this is that, in speaking with outsiders about your case, you could very well implicate or blame yourself. This would leave your entire case dead in the water.
In truth, you should only discuss your case with your lawyer. In the event that someone asks you about the incident, you should tell them to speak with your lawyer as well.
Not Taking Timely Pictures
Another mistake you can make is not taking timely pictures. Photographs are the strongest evidence you can bring to the table when arguing a personal injury case. If they don’t exist, or if they’re taken days after the injury occurs, you’re going to struggle mightily to win a favorable settlement.
Involved in a car accident? Take pictures of everything, including your body, your injuries, the location, and all of the vehicles involved.
Make sure that there are timestamps included as well. If the timing of your photographs lines up with the time on the police report that’s filed, you’ll have much more leverage when arguing your case.
Not Filing a Police Report
Just as big a mistake as not taking timely pictures is not filing a police report. A police report is important for indicating that there was a trusted official present at the incident. It lends a substantial amount of credibility to your case and gives you the best chance possible of obtaining a favorable outcome.
Whether you were involved in an accident, bitten by a dog, hurt on someone’s property, or otherwise, you should call up the police to file a report as soon as possible after the incident.
And don’t just leave the work to the police. Be sure to keep a police report copy for your records. You’ll need this to successfully pursue your case.
Not Seeking Medical Treatment
Another key component in the realm of personal injury evidence is medical records. If you have hospital records showing that you were treated for an injury directly after the incident in question, you’ll have a strong case to win a settlement.
Therefore, if you were involved in an accident of some kind, you should get yourself to the hospital as soon as possible. Make sure that all of your physical injuries are tended to and documented. Also, if you’re having mental issues as a result of the incident, you should have those formally documented as well.
Settling Too Soon
If you do seek out personal injury compensation, you’re going to have to go head-to-head with defense lawyers who represent you or another person’s insurance company. These lawyers are hired specifically to take on these cases and will do everything they can to keep compensation costs to a minimum.
It’s highly common for them to throw out a lowball settlement early on in the process. If you’re inexperienced (or nervous about not getting anything better), you might very well accept that settlement. That, however, would be a mistake.
As long as you have a strong case built, you can get much better than a lowball offer. This is where an experienced lawyer can come in major handy. They’ll push back against the insurance company’s defense lawyers until you get the settlement you truly deserve.
Not Filing in Time
When it comes to personal injury cases, you only have so much time to file a claim before the incident is deemed legally ineligible. In most states, you have 2 years from the time of the incident to make a claim (though it does vary in some states).
If you don’t make a claim within this time frame, you are highly unlikely to receive compensation for your injuries. Again, you’re advised to document the incident and pursue legal action as soon as possible.
The longer you wait, the less chance you’ll have of obtaining a positive outcome.
Making Personal Injury Claims Requires Great Diligence and Care
Filing personal injury claims isn’t a flippant thing. You can’t just file a claim and expect to win a settlement. You need to put the work in and include as much detail as possible when doing so.
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