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Major Personal Injury Claim Mistakes You Should Avoid Making

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Published by:

Omar Glenn

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Reviewed by:

Alistair Vigier

Last Modified: 2023-04-14

Are you concerned about making personal injury claim mistakes? Personal injury cases are never simple, and it’s often difficult to negotiate with the insurer.

On top of that, if you make any mistakes while filing your personal injury claim, you may lose your right to get compensation in certain cases.

So, it’s crucial to take expert legal advice if you are not sure of the process.

Hiring an experienced personal injury attorney can make a difference in your claim.

The lawyer can help you file your claim correctly, negotiate with the insurer, and help you get the compensation you deserve for your injury.

In this article, you will learn about the common mistakes you should avoid making while filing your personal injury claim.

When pursuing a personal injury claim, it is crucial to avoid common mistakes that could harm your chances of receiving fair compensation. Here are some major personal injury claim mistakes you should steer clear of.

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Delaying Medical Treatment

Delaying medical treatment after an accident is one of the biggest mistakes you can make. Even if your injuries seem minor, it is crucial to seek medical attention immediately. A study by the Centers for Disease Control and Prevention found that the cost of emergency department visits for injuries in the United States was $101 billion in 2019. Failing to seek medical attention promptly can worsen your injuries and make it challenging to prove that they resulted from the accident.

Failing to Document the Accident

Another mistake individuals make after an accident is not documenting it. Proper documentation includes taking photographs of the scene, collecting witness information, and obtaining a copy of the police report if applicable. According to the National Safety Council, there were over 39 million emergency department visits for injuries in the United States in 2019. Proper documentation can help establish the cause of the accident and prove that you were not at fault.

Signing Documents Without Understanding Them

After an accident, you may be asked to sign documents by your or the other party’s insurance company. It is critical to understand the documents before signing them. Signing documents without comprehending them can limit your ability to receive fair compensation, according to a study by the Insurance Research Council, the average cost of a bodily injury claim in the United States was $15,785 in 2018.

Talking to Insurance Adjusters Without Legal Representation

Insurance adjusters may contact you after an accident to discuss your injuries and the details of the accident. It is important to note that insurance adjusters may try to settle your claim for less than it is worth. Engaging in conversations with insurance adjusters without legal representation can harm your case and limit your ability to receive fair compensation. The total amount of property and casualty insurance premiums written in the United States was $642.5 billion in 2019, according to the National Association of Insurance Commissioners.

Waiting Too Long to File a Claim

Lastly, waiting too long to file a personal injury claim can result in the dismissal of your case. In most states, there is a statute of limitations for filing personal injury claims. Waiting too long to file a claim can limit your ability to recover costs associated with the accident and may result in you receiving less compensation than you are entitled to. According to a study by the National Highway Traffic Safety Administration, there were over 36,000 fatalities from motor vehicle accidents in the United States in 2019.

Pursuing a personal injury claim can be complex, and avoiding common mistakes is crucial to ensure that you receive fair compensation. Avoiding these five major personal injury claim mistakes will significantly improve your chances of receiving fair compensation.

Personal Injury Claim Mistakes

If you want to file an injury claim for a car accident or workplace injury or any other type of injury, you need to be aware of the following mistakes.

Don’t make these mistakes while filing your compensation claim.

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Filing Your Claim Before Obtaining Medical Report

One of the common mistakes that many people make after an accident is they rush into filing a personal injury claim without obtaining a medical report.

You should first get yourself treated before filing the injury claim.

Not Seeking Medical Treatment

Another mistake that some people make is they don’t seek medical treatment.

You should not skip medical treatment even if the injury looks minor during the accident.

Consulting your personal injury lawyer can help you find a good doctor and also help in your case.

Improper Assessment of Your Injury

Assessing the injury after an accident is a crucial part of your personal injury claim.

You need to obtain a medical report and talk to the doctor and take the statement from the doctor.

You should not assume that you can assess your injury properly and neglect taking medical advice because improper assessment of your injury can affect your claim.

Failing to Retain Evidence or Crucial Information

The next important thing is to collect and retain evidence.

If you are injured in a car accident, it’s crucial to keep the other car driver’s contact number, if possible, the vehicle number, and the date, time, and place of the accident.

Apart from that, you should also collect the contact details of any eyewitness.

Obtain and retain a copy of your medical report and compensation claim.

Giving a Statement to the Defendant’s Insurance Company Without Talking to Your Attorney

According to an Atlanta Personal Injury Lawyer, many people give statements to the defendant’s insurance company.

Since the insurance companies always try to prove your claim wrong, they can ask you tricky questions to invalidate your claim.

So, you should not give any statement to the insurance company without consulting your attorney.

Posting About Your Accident on Social Media

Posting pictures, videos, or any information related to social media is a big no.

Atlanta Personal Injury Lawyer recommends that you should never post anything related to your accident on social media.

Moreover, you should not also send them through email to others.

Assuming That Settlement Claim Will be Easy

Assuming that the settlement claim will be easy and you can manage it on your own can be a big mistake.

If you are filing a personal injury claim for the first time, you should seek expert legal advice.

A small mistake in the process can lead to the cancellation of your claim, or you may get less compensation than you deserve.

Settling With the Insurer Without Negotiation

No matter how attractive the settlement looks, you should not accept it without negotiation.

Try to estimate the settlement by consulting a legal expert beforehand. It will help you to negotiate in a better way.

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Not Hiring a Personal Injury Lawyer

Don’t assume that you can file the personal injury claim on your own.

There are several other things related to a compensation claim that you may not handle properly.

So, you should hire a reputable Atlanta Personal Injury Lawyer for your claim.

Hiring a Lawyer Without Asking Any Questions

Finally, you should hire the right Atlanta Personal Injury Lawyer.

That means you should do proper background research and ask the right questions before hiring an attorney.

These are the common mistakes that you should be aware of while filing a personal injury claim.

Don’t assume that you can handle your case on your own.

It’s important to hire an experienced Atlanta Personal Injury Lawyer for your claim who can make a big difference.

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