When you get hurt and someone is to blame, the last thing you want to do is argue with anyone or deal with a ton of stress. You want to get the help you need and get your life back on track.
Unfortunately, filing your claim isn’t as simple as it seems, and a single mistake can turn into a long, back-and-forth, case that might actually cost you what you’re rightfully owed.
To help you prevent that, here are 7 personal injury claim mistakes to avoid when filing a claim. They might just mean the difference between your injury being a temporary bump in the road or a massive setback.
1. Not Cooperating with Medical Recommendations and Treatments
This is one of the worst things you can do. If you get injured and plan to file a claim, you have to go to a doctor. That doctor is going to not only check you out on the spot and provide immediately necessary treatments, but they’re also going to recommend ongoing treatments if they’re necessary. They usually are when you’re seriously injured.
Now, imagine that you’re going to go to court and claim someone’s negligence has caused you a serious injury that has damaged your life, and you demand compensation for what counts as a personal injury. Except, you didn’t go to the physical therapy appointments your doctor recommended, take your medicine as prescribed, show up for follow-up appointments, etc.
At best, that makes the court think that the defendant isn’t to blame for the entirety of the injury. Some of it could very likely come from you ignoring treatments. In the worst-case scenario, the court can think your injury wasn’t all that serious at all and drop your claim.
Do everything your doctor says. It shows that you did everything possible to recover, and you truly are an injury victim.
2. Delaying Care
This is similar to the previous mistake, but instead of skipping recommended treatments, you take too long to get care.
You might not be able to instantly hop in an ambulance and receive care. You might not even know that you’re injured until days after the event. Those are reasonable situations. However, if you pop up a year later without ever attempting to receive care, you have to understand how that looks to those judging your claim.
There’s no telling what you’ve done between the event that you want to prove damaged your health and filing your claim with delayed medical treatment. You could have gotten the claimed injury anywhere. Unfortunately, while you’re probably an honest person who just wants justice after finding out you were injured, there are a lot of cons out there who have sowed distrust.
Always try to get treatment immediately. Even if you feel fine at the scene of the event, go get checked out to make sure there isn’t an underlying injury.
3. Missing the Deadline
You might not have a claim based on how long you’ve waited to file. This varies depending on a variety of factors, but you can’t show up 10 years after an accident and claim it was due to someone else’s negligence.
The fact is, anything could have happened in that time to cause the injury you’re claiming, it doesn’t seem believable, and it’s far too difficult to gather necessary evidence accurately.
Make sure you know the statute of limitations for your situation, and file before that deadline is up.
4. Discussing Your Claim
This might seem like an innocent thing to do, but you can’t run around telling everybody about your claim. You can create contradictions in your own story, open up weak spots in your claim for scrutiny, or even find yourself in trouble in some extreme cases where accusations are made.
5. Settling Immediately
When you file a claim, the other party does not want to do what’s right. If they did, they’d have heard you were injured and rushed in to offer help. They want to protect themselves financially.
As such, you can’t expect the first settlement offer to be worthwhile. This is difficult for many people to gauge because even low settlement amounts are life-changing for most people. Imagine being told you’re getting $30,000 right now. That probably sounds amazing and hard to pass up. However, what would happen if you found out you could have actually had $500,000? Your claim has value. You need to know what it is.
Typically, you need to negotiate for a better settlement offer.
6. Hiding Medical History
Sometimes, you might feel tempted to hide your medical history. Maybe you have a pre-existing condition that can make the injury you gained worse, or you’ve been treated for something and think it will be used against you.
Don’t do that.
Even if you have an existing condition that mirrors symptoms of the injury you received, there are ways to prove that you have suffered from the injury. If it ends up in court, that’s a great example of what expert witnesses are for.
Your medical history might be used against you by the opposition, but a surefire way to have it effectively used against you is to try hiding it. It will come out, and it will be a decision you regret.
7. Not Getting a Lawyer
Finally, your biggest mistake will be not getting a lawyer. A personal injury lawyer actively helps prevent all of these mistakes and many more. Also, defending you in court isn’t their only job. They’ll help you get access to evidence you otherwise couldn’t, fight the insurance company to ensure you have financial aid while you file your legal claim, leverage unique assets such as expert witnesses, etc.
Also Read: How Insurance Controls Injury Claims?
Lawyers typically get a reputation just for being stalwart verbal warriors in the courtroom defending what’s right, or of course, some more negative stereotypes, but they’re so much more, and you will not regret hiring a lawyer immediately after the incident.
Contact DeSalvo Law Today for Your Personal Injury Claim
Filing a personal injury claim can be overwhelming, but avoiding these common mistakes ensures you have the best chance of receiving the compensation you deserve. From following medical advice to hiring an experienced lawyer, every step you take plays a crucial role in strengthening your case.
At the Law Office of Scott D. DeSalvo, we specialize in helping injury victims navigate complex legal claims, ensuring they receive fair compensation for medical expenses, lost wages, and pain and suffering. We handle a wide range of personal injury cases, including car accidents, workplace injuries, slip and fall accidents, medical malpractice, and wrongful death claims.
If you’ve been injured due to someone else’s negligence, don’t leave your claim to chance. Let us fight for your rights while you focus on recovery. Contact us today for a free consultation and take the first step toward getting the justice you deserve.
