Whether or not you get the compensation you deserve has a lot to do with how you handle the early stages of not only starting the claim process, but also how you handle the event itself in its immediate aftermath.
This is crucial. A lot of cases are lost or never make it to court because of how this initial claims process is handled.
Today, we’re going to go over the most common personal injury claim mistakes people make so you know what to avoid, and we’ll give you a solution to make the filing process easy.
1. Admitting Fault or Undermining the Event
This is one of the biggest problems, and it often seems so innocent.
Imagine you’ve just been in a car accident. An elderly person or a young kid who just got their license, who seems very distraught, is the other driver. While you’re talking at the scene, you sympathize with them.
They’re crying, they don’t know how to handle the situation, and you genuinely feel for them. You say, “Don’t feel too bad. I stepped on the brake pretty hard.” Bam. You’ve just hurt your case.
It’s very unfortunate, and if you’re a decent person, your first instinct is going to be to sympathize and try to make everyone feel a little better. After all, mistakes happen, and you’re not out to be malicious. You have to fight the urge to do that.
While you’re trying to be helpful, and the other person might genuinely appreciate it, that is one of the first things their legal team will use against you, and it will carry weight in the courtroom.
That might be a tough pill to swallow, but it’s the reality. It’s one of the most important things to keep in mind if you’ve been involved in a car accident.
You are a victim, you do deserve compensation, you are not doing anything wrong, and while they are likely distraught, their insurance will help them dramatically.
Other than making sure they’re safe and cooperating with the information exchange, you should not speak.
2. Not Documenting the Scene and Delaying Treatment
This is a 2-for-1 mistake.
You’ve just been injured in a car accident. You’re likely feeling overwhelmed, possibly dealing with other common car accident symptoms, and the last thing you want to do is sit around taking pictures and writing down notes.
But any car accident lawyer worth their salt will tell you that that’s exactly what you need to do. Lawyers can help gather some evidence after the event, but getting what you can on the scene when it happens is going to help a lot.
The only time you shouldn’t be worried about documenting is when you’re seriously injured and being rushed to the hospital. Your safety does come first. In any other event, try to document while you wait for help. Get what you can.
That plays into the next mistake.
Don’t delay your medical treatment, especially if you’ve suffered a serious personal injury, such as a concussion. When the injury occurs, you need to get checked out. What type of help you need depends on the extent of the injury.
Never turn down on-site paramedics or their recommendation to go to the ER, and if the ER isn’t recommended, immediately schedule an emergency appointment with your physician or any other resource you have.
You want immediate treatment. If you wait, the opposition can make the valid claim that you got the injury from something else before you got checked out. The longer you wait, the more valid that argument is.
For example, you might slip and fall at a store, wait three weeks to file a claim, and during those three weeks, you might have fallen on your front porch. Without documentation and immediate treatment, the court can’t decide if it’s the store’s fault or not.
3. Not Notifying Insurance Companies Promptly
You have to notify the insurance company. Now, insurance companies always tell you to call them first. They want you to have their number on speed dial, so you can call them before you even get treatment or get through the initial reporting process with the authorities, pretty much.
That’s because they want to weasel out of payments.
Cooperate with the authorities, tend to your immediate injuries, talk to your lawyer, and then call the insurance company. Your lawyer will help you deal with the insurance company, and you want to talk to the lawyer first.
With that said, this needs to happen quickly. You also can’t wait months and then talk to the insurance company. If you call your lawyer immediately, they’ll guide you on when exactly to call.
Read also: 9 Reasons You Need a Worker’s Comp Lawyer: How to Protect Your Rights
4. Not Tracking Costs
After your injury, keep track of every medical bill and receipt, and keep the hard copies of those bills and receipts. This gives you a verified amount of expenses that you can claim in the case.
If you don’t have that, and you’re just throwing numbers out there, it’s kind of easy to fight your claim. When you make a claim, bring the receipts.
5. Only Factoring in Damages
Sometimes, people are afraid to request compensation for anything except their bills and damages that they can put a verified financial figure on. But when you do that, you’re limiting your ability to get a fair settlement check.
Lost wages, lost opportunities, hardships you’ve incurred, and various other things can be added to your claim.
Make sure you add up these different forms of value so you can be compensated for everything you lost. It’s fair. You’re not being greedy or pushing it too far. If you are making unreasonable requests that hurt your case, your lawyer will let you know.
6. Not Filing Fast Enough
You don’t have to file immediately. It’s best to prepare to file, get a lawyer involved, and file the claim as soon as possible, but you’re not forced to.
However, you are on a deadline with the insurance company and the court.
If you sit on the claim for too long, you might miss the deadline and completely lose your right to make a claim.
File Your Personal Injury Claim the Easy Way
When it comes to getting the compensation you deserve, avoiding these common personal injury claim mistakes can make all the difference.
From admitting fault too soon to missing deadlines or undervaluing your claim, the small missteps covered above can seriously impact the outcome of your case.
At The Law Office of Scott D. DeSalvo, LLC, we’re here to support you every step of the way through your personal injury claim. Whether you’ve been hurt on the job, injured on the CTA, suffered from medical malpractice, bitten by a dog, or experienced another kind of injury, we’re here to protect your rights and make sure you get the settlement you deserve.
Contact us today for a free consultation, and let us help you take the first step toward getting your life back on track.
