Just because you have a personal injury claim that is worth pursuing, it doesn’t automatically mean that you will receive the compensation you deserve. The unfortunate reality is that insurance companies are aggressive in minimizing the amount of money that needs to be paid, which often leaves victims with lowball settlements.
Hiring a skilled personal injury lawyer is the best decision you are going to make during this time. Our legal team understands that the compensation you receive will make or break your recovery after an accident. We bring years of experience to help you avoid the most common personal injury claim mistakes that can reduce the value of your settlement.
In this guide, we’ll share practical tips that will help you avoid some of the most common mistakes we see in the industry. For the best results, reach out to our experienced team to discuss your case and design the ideal strategy for your unique needs.
Mistake 1: Skipping or Delaying Medical Care
Even if your injuries seem minor, never skip the medical consultation after an accident. As the insurance adjusters are looking at your medical records, they will take a close look at the timeline. If you don’t seek immediate treatment, then it raises doubts about whether the injuries were caused by the accident.
You need medical records in order to link the injuries with the accident. So, make sure to go to the doctor immediately to ensure that everything is in your patient record. Even minor pain needs to be evaluated… skipping the examination and medical consultation could potentially ruin a personal injury claim.
Mistake 2: Handling the Claim Without Legal Help
While there are many things in life that can be successful with a DIY approach, a personal injury claim is not one of them. Don’t assume that you can negotiate on your own, especially because of the tactics that insurers use to minimize payouts. You need expert personal injury lawyer advice to build a strategy that will get you the best results possible.
An experienced lawyer knows the law, and they understand the real value of your claim. You can expect that the insurance company will make a lowball offer, and your lawyer will push back to advocate on your behalf. If you try to handle these negotiations alone, then you could be leaving thousands or even tens of thousands of dollars on the table.
Mistake 3: Talking Too Freely with Insurance Companies
In the early interactions, it will seem like the insurance adjusters are friendly and looking for ways to help. But you need to remember that their job is to protect the insurance company by reducing the amount of money that needs to be paid. So, you need to be very careful about what you say and share with the insurance company. In fact, we recommend that you always consult with a personal injury lawyer before having any communication with the insurance company.
There have been too many times when personal injury victims recorded statements without legal counsel, and these statements were twisted to weaken the case. The insurance representatives are thoroughly trained to ask leading questions, with the goal of getting victims to say things that could be used against them.
Make sure to always consult with a lawyer before making any statements or speaking on record.
Mistake 4: Poor Documentation of the Accident
The more documentation, the better. When you have photos, videos, and witnesses from the accident scene, it’s easier to strengthen the credibility of your case and establish liability. Our legal team can use this information to prove that the actions of the other party resulted in your injuries.
Other types of documentation that we will gather include medical records, bills and invoices, and any receipts that show the financial burden you’ve had to bear.
Mistake 5: Admitting Fault or Saying “I’m Sorry”
Even though it might be a natural response to say a simple apology, this statement in passing could be construed as an admission of guilt… which will make it hard (or even impossible) to establish liability so that you can receive a settlement.
As you are talking with people at the scene, make sure that you stick to the facts and avoid assigning blame. The police report should document the facts and statements, but if you apologize, then it could shift the bias of the report.
Instead of saying sorry, simply share the facts and let the investigators take care of the liability. This is one of the reasons why it makes sense to hire a personal injury lawyer as soon as possible: so you can avoid saying anything that might hurt your claim.
Mistake 6: Jumping at the First Settlement Offer
While you might feel anxious to wrap up the case as soon as possible, it’s important to understand that the first offer is almost always a lowball offer. The insurance company wants to close the case quickly before there is more evidence that will increase your settlement amount.
Once you accept the offer, there is no option to ask for more (even if your injuries get worse). So, be patient in this process and let your personal injury lawyer handle the negotiations.
Mistake 7: Timeline Rushing or Gaps
There is always a statute of limitations that needs to be followed, which means that you need to file your personal injury claim within this time. If you miss the deadline, then you won’t have the option to sue. Even though you have a bit of time to file after the accident occurs, we recommend that you start this process as soon as possible. The more quickly you hire a legal team, the easier it is to gather the evidence that is needed for a successful outcome.
Another timeline mistake we often see is when there are gaps in your medical treatment. If you miss doctor visits or you skip treatments, then the insurance company might use these gaps to argue that your injuries aren’t serious. Make sure that you are consistent with care to establish a reliable timeline for your recovery.
FAQs
What not to do after a car accident?
Be careful after an accident to never admit fault or delay medical care. Also, you shouldn’t talk to the insurance company without first consulting with a personal injury lawyer.
Why did my personal injury claim get denied?
The most common issues that result in a denied claim include filing errors, a lack of medical evidence, or disputes over liability.
Call the Personal Injury Experts for Legal Representation
You need a personal injury lawyer who will advocate on your behalf and help you avoid these common issues relating to your claim. We offer the guidance and protection that you deserve during this difficult time. Reach out to Wormington & Bollinger to learn more about available services. You can contact us to schedule a complimentary consultation.