Common mistakes in personal injury cases may lead to problems in your claim when you are recovering from an injury. Being familiar with typical mistakes that can destroy your case is important. By avoiding such mistakes, you will be able to protect your rights and take full advantage of available compensation. Avoid the following four critical mistakes:
Delayed Medical Treatment
One of the biggest mistakes you can make in a personal injury case is taking too much time to seek medical treatment. Seek treatment right away after an accident, even if you feel that your injuries are minor. The reasons for immediate medical evaluation are twofold: first and foremost, it ensures that you are safe and healthy; secondly, it provides documented evidence of your injuries.
Insurance companies always raise questions about the timing of the medical treatment. If there is a gap, then they dispute that your injuries must not have been serious or your injuries must not relate to the accident. That is one definite blow to the hopes of reasonable compensation. Prompt medical treatment will help show to the court that there is a proper linkage between the accident and the resultant injury you have suffered, which in turn fortifies your case.
Also, continue with all treatments set and attend follow-up appointments. Ongoing medical treatment not only helps you to recover but also creates a documented history of your injuries and how they have affected your life.
Failure to Retain Evidence
Evidence is the backbone of any personal injury case. Without evidence, it becomes extremely difficult to prove liability and the extent of your damages. Not preserving the evidence often leads to a weakened case, which is detrimental to receiving the compensation that you deserve.
After an accident, take steps to preserve evidence immediately. Take photos of the scene, your injury, and any property damage. Be sure to get witness contact information, if any. If applicable, request a police report. Keep detailed documentation of your treatment and related expenses, including but not limited to bills, medication, and doctor’s notes.
It is also very important not to destroy or alter any evidence, such as having your car repaired before pictures of the damage could be taken. Even minor details may be very relevant for proving your case; therefore, every care should be taken in documenting as much as possible.
Giving Recorded Statements to Insurance Companies
When one is pursuing an insurance claim as a result of an accident, the insurance carrier will often request that the accident victim provide a recorded statement. For this reason, perhaps the most crucial mistake a victim can make is providing a recorded statement, which could harm their case. Insurance adjusters are in the business of asking leading questions or eliciting your words for use against you in an attempt to limit the payment owed.
Remember, you are under no legal obligation to provide a recorded statement to the at-fault party’s insurance company. Rather, it is better to consult with your personal injury attorney before giving any statement. Your attorney can best advise you on communicating with the insurance company so as not to damage your case.
Even innocent-sounding comments can be taken out of context and used to diminish your compensation. For example, if you say “I’m fine” when someone asks you generally how you are, that can be used as proof that your injuries are not serious. You have to be careful at all times, and let your attorney handle the communications with the insurance companies.
Settling Too Quickly
After an accident, there are many times when one feels rushed to settle as quickly as possible, especially if bills are starting to pile up or the inability to work impinges on one’s livelihood. The mistake many people make is settling too soon. Most of the time, insurance companies offer quick settlements that are far below the actual value of your claim.
The result of this is that accepting an early settlement, before the full extent of your injuries and damages are known, often means you are inadequately compensated. When you accept a settlement, you usually release your right to further legal action, even if your condition worsens or additional expenses crop up.
It is always important to talk with your attorney before accepting any offer of settlement. A good personal injury lawyer will correctly assess the value of your claim, including potential future medical costs, lost income, pain and suffering, and other potential factors. They will negotiate on your behalf to get you a fair settlement, one that fully compensates you for your injuries.
Conclusion
While complex, a personal injury case can be preserved, and one’s rights can be protected by not making these five common mistakes: delaying medical treatment, failing to preserve evidence, giving recorded statements to insurance companies, and making premature settlements. One must work with an experienced personal injury attorney who will help him in surmounting all these challenges and offer the best possible results to the case.
Related Content:
https://www.watkinslawforthepeople.com/4-mistakes-to-avoid-in-personal-injury-cases/
