5 Mistakes Victims Make When Filing Personal Injury Claims

Photo of author

By kaburulu


5 Mistakes Victims Make When Filing Personal Injury Claims

Having an injury from someone else’s carelessness can be taxing. Whether it’s a slip and fall accident or an automobile accident, your capacity to get compensation will be much influenced by your actions following the incident. Many injury victims unintentionally make errors that compromise their claims. Here are the most common mistakes that victims make. 

Delaying Medical Care

Not getting medical help right away after an injury is the first common error people make. This may be the result of shock, denial, or a simple refusal to face the trouble of visiting a physician. However, there are two ways in which postponing medical care can hurt your case.

First of all, postponing medical care may make your injuries worse. If your injuries are severe enough, you may let them get worse until they result in death or irreversible harm. The most essential thing is your health, therefore, take care of it.

Second, it may make it difficult to demonstrate that the accident caused your injuries. If you delay getting medical help, your insurance company can claim that your injuries were the result of something else. Physicians are reliable sources for both diagnosing and officially documenting the issue. 

Statement Given Without Counsel

Insurance companies are not your friends, so keep that in mind. Immediately following an accident, insurance firms frequently attempt to obtain a recorded statement from the injured party. Although they might present it as a harmless discussion, their true goal is to find ways to lessen their client’s liability and/or the amount of money they must pay out.

Your case may suffer if you make a recorded statement without legal counsel. The inquiries asked by the insurance company can be intended to extract information that could undermine your claim. In spite of the fact that you are obviously not to blame, it is best to speak with lawyers in Massachusetts before making any comments or signing any paperwork.

Delaying the Submission of a Claim

Most states have a statute of limitations for personal injury claims. You can lose your right to seek compensation if you delay filing your claim entirely. See an attorney right away following an accident to be sure your claim is submitted within the statute of limitations and appropriately. Your attorney can also assist you with any other legal affairs pertaining to your case, evidence gathering, insurance company negotiations, and proofreading.

Failure to Properly Document the Accident

An additional frequent mistake is not accurately documenting the accident. Creating a solid case requires thorough and accurate documentation. Photographs of the site or witness testimony are examples of missing details that could undermine your claim. An injured party in a retail slip-and-fall lawsuit, for example, can neglect to collect evidence such as a photograph of the wet floor or witness contact details. Proving the store’s negligence is far more difficult in the absence of concrete evidence.

Failure to Recognize All Liable Parties

One major error that some claimants make is not naming everyone accountable for their injury. In a multi-car accident, for instance, a claimant may reflexively blame the driver who struck them without taking into account other relevant circumstances, such as a government agency’s neglect of road maintenance. The amount of compensation that claimants may be eligible for is limited when they fail to account for all parties that may be liable.

Endnote 

It might be complicated to file a personal injury claim, but by avoiding these typical mistakes, you can improve your chances of getting just compensation for your injuries. 

Leave a Comment