7 Personal Injury Claim Mistakes and How to Avoid Them

Did you know the top reason why accident victims don't receive the compensation they deserve is that they make personal injury claim mistakes? Over 35,000 fatal car accidents happen each year, and each victim leaves money on the table because they improperly handle their claim.

So what are the top personal injury claim mistakes victims make when handling their personal injury cases? Continue reading below to find out! This brief article will cover people's top seven personal injury claim mistakes, and what you can do to avoid them, so you receive the compensation you need and deserve.

1. Missing Deadlines

One of the top personal injury claim mistakes most people make is failing to meet their claim filing deadline. Each state has its own statute of limitations for how much time you have to file a claim. It is crucial that you don't miss the statute of limitation because if you do, you won't be able to seek compensation for your injuries even if you have a valid claim.

2. Waiting Too Long To Seek Treatment

It isn't uncommon for people to brush off seeking treatment because they think it's too expensive or they believe their injuries are very minor. In the insurance adjuster and defense attorney's eyes, they may question you about why you waited to seek treatment.

They may even argue, "well, if their injuries were so bad, why didn't they go to the doctor sooner?". Waiting too long to treat makes it hard for even your doctor to relate your medical issue to the personal injury case. It is imperative that you seek treatment as soon as possible, not only for the sake of your case but for your well-being.

3. Accepting the First Settlement

When you're hurt and upset about the accident, you most likely want to settle the claim and move on with your life. The offer the adjuster presents to you seems fair, so you assume you should take the check and call it quits.

Unfortunately, the first offer most adjusters give you is the lowest offer possible. They intend to try to get you to accept the least amount possible so they can save their employer money.

Instead of accepting that money, you should first speak with your personal injury lawyer to review the offer. Your attorney will review the damages you're eligible for and create a demand letter to get the compensation you need and deserve.

4. Talking About Your Case Online

Social media is an excellent tool for communicating with loved ones, catching up with friends, and posting about that new coffee shop you found down the street. Social media is not an excellent place to post about your personal injury case.

Although you may feel compelled to tell your followers and friends about the disaster, it is best to have those conversations offline. When you post about the incident online, there is a chance that the defense attorney can use it to nitpick your version of events. Even if you delete the post, someone may have screenshots, or the court can summon them to testify as a witness to what you posted online.

It is crucial to ensure that your family and friends don't post about your accident. If your family needs to create a GoFundMe to help with your medical costs or to help raise money in general, make sure you speak with your attorney first before you make the post. You want to watch the wording you post on the website so the at-fault party's attorney can't use those words against you.

5. Incorrectly Calculating Your Expenses

You can claim two main types of damages in a personal injury case: special and general damages. Special damages are considered economic damages, which have specific numbers tied to them, making them easy to calculate.

Examples of special damages:

• Medical bills
• Lost wages
• Property damage

On the other hand, general damages are non-economic damages that are harder to calculate on your own.

Examples of general damages:

• Loss of consortium
• Loss of companionship
• Pain and suffering
• Mental anguish

In order to properly calculate your damages, it is best to partner with a personal injury lawyer. The attorney will review your case, any losses you've had, and the damages you can claim.

6. Not Asking Your Lawyer Questions

Many people who seek out the help of a personal injury attorney just sign contracts and don't ask any questions. Instead, they just let their attorney handle the case and wait for a follow-up. In order to have the best working relationship with your lawyer, it is best to ask them questions about your personal injury claim so you have a better understanding of what is going on.

7. Not Considering All Liable Parties

Did you know that depending on your personal injury case, there are several different parties that your attorney can hold liable for your injuries? For example, suppose you have an accident with a truck. In that case, you may be able to seek compensation from the truck driver, their employer, the company that loaded the cargo, and the manufacturer.

Personal injury claims are complex, and there is a chance you could receive compensation from several different parties so long as you can prove their negligence. Doing this on your own is tedious, and your personal injury lawyer knows that. Instead of you handling finding and sending in personal injury claim documents, your attorney can build a team of resources to do that for you.

Avoid These Personal Injury Claim Mistakes

After sustaining injuries in an accident, the last thing you want to do is commit any mistakes that can damage your case or diminish how much you can receive for your claim. Personal injury lawyers are well aware of these top personal injury claim mistakes, and they know how to navigate the complexities of personal injury law.

If you have a personal injury claim that you need help with, contact us for a free no-obligation case evaluation. Our team is here to answer any questions or concerns you may have about your legal options.