If you or someone you love has been injured in a personal injury or car accident you know first hand It is often easier to deal with medical appointments, heal from injuries, and get back to your daily life than to try to navigate a personal-injury lawsuit. If you do choose to file a claim it’s important that you avoid making mistakes so you don’t lose your chance of receiving the money you are owed.
The 4 Most Common Mistakes
1. Waiting to get medical treatment
- You should seek medical attention immediately if you have been hurt. This is crucial for your mental and physical recovery after an injury, as well as for any potential personal injury case.
- You can create a medical record that includes details about your injuries and general health by seeking treatment as soon as possible after the accident.
Typically insurance companies will argue that your injuries weren’t as numerous as you claim or as severe. These arguments can reduce the amount you receive in compensation for your injury and doctor’s bills. Having a record of treatment can greatly reduce the defendants power to convince a jury that your injuries aren’t as severe as you claim they are.
2. Failing to file a claim within the statue of limitations
- A major mistake you could fall into is believing you have unlimited time to pursue your personal injuries claim.
- The Statue of Limitations varies between 1 and 6 years depending on the injury and the state you were injured in. To find find out more about what applies to you find the laws specific to your state below.
You may have only six months to file a claim against any government agency. This short turnaround time means that you need to act quickly in order to preserve your rights.
3. Don’t Just Accept The First Offer
- Insurance companies have many tricks to reduce their costs and decrease the amount they pay. A lowball settlement offer is one of the most deceitful actions insurance companies can take after an accident or injury. Sometimes insurance companies will give you an offer before you have even calculated how much you have suffered financially or received bills for your medical treatments.
- Insurance companies know that you need the money more they do in the short term if you have mounting medical bills or lost wages. They also know that the longer they can make you wait for a settlement the less your negotiating power is as you will need the money more. it’s important that you play the long game. Negotiations can take several rounds before both sides agree on a fair amount. Do not be afraid to ask for the compensation you are due.
4. Not working with an experienced personal injury attorney
Your primary goal after an injury is to get your life back on track.
You should always make your physical and mental recovery your first priority if you are injured. However, you shouldn’t neglect your financial recovery especially if it wasn’t your fault that you got injured.
An experienced personal injury attorney will give you the best estimate to how much your case is worth. Personal injury settlements vary greatly so the more experience your attorney has the better. If you feel you may have a case get a preliminary estimate of your damages using our pain and suffering calculator.
Summarized from an article by Trial Lawyers Freeman & Freeman.
