5 COMMON MISTAKES TO AVOID WHILE FILING A PERSONAL INJURY CLAIM
Aug 22, 2020 12:43
Some accidents are unavoidable, if you have been in an accident that occurred due to the negligence or the reckless behavior of someone else, you are entitled to financial compensation from the person-at-fault.
That person’s car, homeowner’s, or insurance company should pay you. To have this compensation you must file a claim through personal injury lawyers. The situation might get a bit overwhelming for you, but major errors may result in the insurance company to deny your claim, or to lead a judge to dismiss your lawsuit. There are many small common mistakes you can make while filing personal injury cases which may limit what you can recover. These small mistakes can have a major impact later in your case, so it is necessary to avoid them.
1.Halting medical treatment
If you do not want to suffer from needless complications later in your case, you must not delay seeking medical treatment as soon as you get an injury in an accident, In general, a personal injury claim begins at the moment the injury is sustained. The first thing you should do after an accident is to assess the status of yourself and anyone else involved in the accident. It is crucial to have your doctor document all injuries sustained as a result of the accident. An insurance company may challenge your claim if there’s no evidence of injury or any effort on your part to get it treated by a doctor.
2.Not Gathering evidence
Another common mistake is not paying heed to the evidence. At the site of the accident, try to collect as much at-scene evidence as possible. If you suffered from a car accident, ask someone to take photos of all vehicles involved as well as the road, dents, scrapes, and other physical damages. Don’t forget to include the license plate numbers. The details of the at-fault driver and the location of the accident are crucial to your case. Also get names, addresses, and phone numbers of any witnesses. Your attorney can contact any witnesses, as well as the at-fault driver, and obtain all relevant records.
3.Not hiring an attorney
The guidance of a personal injury attorney is a priceless asset that should not be taken for granted. Hire a lawyer that personally suits you as he will be able to provide legal aid that will be best suited towards helping you obtain your just outcome. Without an attorney’s expert advice, your claim could be denied or settled for a much lower value than you deserve. Having a lawyer is an easy way in which you can fight to defend your rights. You will also have the support of a knowledgeable litigator who will be willing to fight for your rights in a courtroom setting. An attorney can protect all of your rights and interests.
Be honest in all the facts. It is important to document any injuries sustained as a direct result of the accident, but it is also crucial to disclose any pre-existing conditions or disabilities that may have been aggravated. If you leave out any essential part of your medical history, the defendant will be able to use that against you in court and that cost you the chance to recover compensation from the party responsible for your injuries. Make sure to include any other elements of your medical history that may be pertinent to your case.
5.Agreeing to Initial assessment
Another common mistake is accepting the first offer. The initial settlement offer made by the court, attorney, or the insurance company of the defendant is likely to be less than the full amount that is your right. Although, it is tempting to accept the first offer and go home doing so can forfeit your chances at compensation for long-term damages sustained as a result of the accident (such as property damage). Never accept the initial offer from an insurance company. Before accepting any offer, consult a personal injury attorney who can evaluate the merits of your claim and the costs of the injuries you sustained.
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