If you suffer injury in an accident, you may be able to seek compensation for your damages. However, there is no dearth of personal injury claims that do not find success despite being valid. This is because people filing claims end up making one or more mistakes during the process. Fortunately, knowing which mistakes to avoid when filing a personal injury claim can increase the odds of getting the compensation you deserve.
Not Calling the Police
You should ideally call the police after an accident that leads to injuries and/or property damage. This becomes a legal obligation if the accident results in significant injuries, loss of life, or damages of over $1,000 (per individual). In case of motor vehicle accidents, you also need to file a report with the New York State Department of Motor Vehicles within 10 days of the accident, and not doing so is a misdemeanor.
While it might be possible to file a personal injury claim without a police report, failing to do so might hamper your case. This is because a police report will provide an official version of the incident and it can help establish fault.
Failing to Seek Medical Treatment
One of the top personal injury claim mistakes is not getting the required medical treatment soon after an accident. One obvious reason why this is a mistake is that a healthcare professional can identify your injuries and begin treatment straight away. This ensures that your condition does not worsen due to lack of medical attention. In addition, a doctor will also document the severity of your injuries and the probable line of treatment.
Not Highlighting All the Symptoms
Whether you’re seeing a doctor soon after an accident or are meeting a medical expert your lawyer recommends, you must inform them of all your symptoms, even if you feel they might be inconsequential. Remember that you cannot count on a doctor to ask you all the right questions, and it is upon you to voluntarily share as many details about your injuries as possible. Changing a doctor’s report at a later stage is not possible, and if any of your injuries don’t find mention in the report, receiving compensation for the same can be challenging.
Not Following Up Regularly
You must attend every follow-up appointment with your doctor and stick to the prescribed line of treatment. If you don’t, the opposing side’s insurance company might claim that you are not serious about receiving treatment or that you are exaggerating your injuries, which it might use as a reason to reject your claim.
Not Gathering Evidence
If you’re physically and mentally able to gather evidence after an accident, it’s in your best interest to do so. This is the case even when you are not sure if you might file a personal injury claim, because should you decide to do so later, it might be hard to support without adequate evidence.
Start by taking photos and videos of the scene of the accident. Jot down all the details like the location, time, people involved, and weather conditions. If you see local businesses in the vicinity, request them to retain their CCTV footage. Speak with witnesses and make a note of their names and phone numbers.
Admitting Fault or Giving a Recorded Statement
Don’t admit fault after an accident even if you feel it occurred because of you because it is possible to hold an at-fault party liable to pay for all the damages resulting from an accident. Besides, different factors are typically at play and not all might be obvious immediately.
Keep in mind that the opposing party’s insurance company might contact you to ask you for your version of what happened, and as friendly as they might seem, don’t give them a recorded statement. It is common for insurance companies to trick claimants into providing statements, which they can use to their advantage later. What you should do in such a scenario is politely direct them to your lawyer or attorney.
Giving Wrong Information
Of all the mistakes to avoid in a personal injury claim, this one can have the most damaging effect. After all, if the opposing party can prove that you have provided wrong or inaccurate information, it might lead to a dismissal. On the other hand, providing accurate information builds the credibility of your case.
Accepting a Settlement Offer in Haste
Accepting the first settlement offer that comes your way makes it to the list of the biggest mistakes in an injury claim for obvious reasons. Remember that insurance companies don’t have your interest at heart and try to pay out as little as possible. If you’re going through financial hardship and feel that accepting a lowball offer might help, keep in mind that the money you receive might not be enough to cover your medical expenses, lost wages, bills, and other expenses.
Insurance companies commonly make low offers during the initial stages, and once you accept any such offer, you can no longer seek additional compensation if you find out that your injuries are more severe than initially diagnosed. When it comes to the negotiation table, it is best to let a personal injury lawyer/attorney do the talking.
Not Maintaining Financial Records
The evidence you must present extends beyond how an accident occurred and who to hold liable. You also need to prove the financial losses you suffer owing to the accident. If you don’t maintain a record of all the costs you incur, claiming compensation for the same can be an uphill task. As a result, make sure you record every expense related to the accident and your injuries. This is because your lawyer will need them when negotiating with the insurance company in question, and if that doesn’t work, then in court as well.
Sharing Details of the Accident on Social Media
Given people’s tendency to share much of what happens in their lives on social media, it is common for many to post details about their accidents and injuries on different social networking sites. However, this is among the biggest mistakes to avoid in personal injury claims, because even the slightest slip can harm your case.
Insurance companies and their legal teams routinely monitor the social media accounts of claimants, and they try to look for posts that can help minimize or eliminate their liability. For example, if you are claiming damages for a serious back injury and the opposing party finds a video of you having fun at a party, it can argue that your injuries are not as severe as indicated.
Missing the Statute of Limitations
The statute of limitations refers to a fixed period of time before which you need to file a lawsuit. Once this period ends, you lose the right to pursue your claim in court. In cases related to personal injury and property damage in New York, the statute of limitations is three years. Of all the mistakes personal injury clients make, this one is easy to avoid. All you need to do is commence legal proceedings before the statute of limitations ends.
Thinking You Don’t Need Legal Assistance
Insurance companies might lead you to believe that lawyers tend to complicate matters and that you should deal with them directly instead. In some instances, claimants feel their cases are straightforward and they can handle them on their own. In both cases, remember that even trained lawyers face challenges when they’re up against big insurance companies, so there’s little chance that you would get the compensation you deserve if you choose to battle it out alone.
Consider this example. An insurance company offers to settle your car accident claim for $50,000. You get in touch with a lawyer who asks you to get a thorough medical examination and recommends a medical expert. The medical evidence suggests you will incur substantial long-term treatment costs. Based on the medical report, your lawyer determines you should seek at least $250,000, which is five times the initial offer.
Conclusion
Now that you know of the mistakes to avoid when filing a personal injury claim, make sure you start doing what’s required from the word go. If you can, gather all the evidence from the scene of the accident. Seek medical assistance at the earliest. Most importantly, your focus must be on getting the treatment you need, and you should partner with a personal injury lawyer to look after the legalities.