If you’ve been injured due to somebody else’s negligence or recklessness, you deserve financial compensation from that at-fault party and their insurer. That’s easy to say, but if you’ve never pursued a personal injury case before, you might make mistakes that could affect the success of your claim or lower the compensation you ultimately receive. Familiarizing yourself with some of the most common personal injury claim mistakes can help you avoid them.
If you want to learn more about the injury claim process, what to do, and what not to do so that you have the best chance at maximum recovery for the losses you’ve sustained, contact The Law Offices of Gerald J. Noonan. You can speak with an experienced Brockton personal injury attorney in a free case evaluation.
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Not Getting Proper Medical Attention
One of the biggest mistakes you can make to your personal injury claim is not getting proper medical attention for your injuries. If you delay seeking medical treatment because you don’t feel all that hurt or because you don’t have time to go to the doctor between work, school, and family obligations, your financial compensation could be affected. Delaying medical attention after an accident can impact both the viability and the value of your personal injury claim.
Additionally, not seeking prompt treatment might make your injuries worse. By the time you do seek treatment and decide to pursue a personal injury claim, the party or parties at fault for the accident might argue that you shouldn’t be fully compensated for your medical expenses because you failed to mitigate those expenses by seeking prompt treatment. In short, allowing your injuries to get worse could make your claim worse too.
By seeking prompt medical attention, you can show that your injuries stem from the accident and that you take your health seriously. You can also begin to collect documentation that demonstrates the connection between the accident and your injuries. Be sure that you strictly follow your doctor’s orders and make all your appointments.
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Not Filing a Lawsuit by the Deadline
While most personal injury claims are settled out of court, it may be necessary to file a lawsuit based on your personal injury to show you are serious about it. However, each state has a statute of limitations that provides a deadline by which you must file certain types of legal actions, including personal injury claims. Filing a lawsuit after the statute of limitations expires could result in the loss of your right to seek compensation.
Under Massachusetts law, you usually have three years from the date of your injury to file a lawsuit. If you file suit after the deadline, the other side can file a motion to dismiss your case. If granted, you’ll lose your right to pursue your personal injury claim.
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Not Collecting Evidence
No matter how clear-cut you think your personal injury claim is, you’ll need evidence to convince an insurance company or court to award you compensation for your injuries. The best time to collect evidence for your claim is right after the accident, before anyone cleans the scene, fixes property damage, or forgets the details of the incident.
Unfortunately, in the shock of an accident’s aftermath, many injured victims forget to document the accident scene or collect other evidence. By the time an injury victim starts investigating their claim, critical evidence may have been lost or destroyed. That’s why it’s crucial to contact an attorney as soon as possible.
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Failing to Investigate the Factors that Contributed to the Accident
In many accidents, injured victims focus on the responsibility of one individual or party—the reckless driver or negligent property owner who hurt you. But some accidents have multiple parties who bear responsibility for the harm the victim suffered.
An experienced personal injury lawyer can conduct a thorough investigation into what factors contributed to the accident and which sources of compensation are available for your claim. This can be crucial if the primary at-fault party is uninsured or you sustained significant damages. You will also need strong evidence to prove how each party’s negligence contributed to the accident, so a thorough investigation is a must to ensure you are fully compensated for your injuries.
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Settling Too Soon with an Insurance Company
Insurance companies want to make money, so they focus on limiting their liability and paying you as little compensation as possible. One of the tactics that insurers use is offering quick settlements after an accident. They might do so before you’ve had a chance to investigate your claim or determine the full extent of your injuries.
Insurance adjusters use your need for cash to pay medical bills or make up for lost income to get you to accept an offer on the spot. But settling with the insurance company too quickly could mean accepting a compensation amount far less than the full extent of your losses. Once you’ve settled your claim, you can’t go back to the insurance company to demand more money, even if you find that your injuries and other damages were more extensive than you originally believed.
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Posting About the Injury Claim on Social Media
Insurance companies often monitor the accident victims’ social media accounts. Sometimes, injured victims post something that contradicts their personal injury claim. For example, if you talk about what happened in the accident with a friend online and mention different or contradictory details from the allegations you made in your personal injury claim, your statements could be used against you.
Frequently, insurers use photos and videos from an accident victim’s social media account to undercut their claims. When someone claims that they cannot work, insurers hurt a claimant’s credibility by pointing to photos or videos of the claimant playing sports, engaging in recreational activities, or traveling. Even if the pictures are old, avoid posting anything that could be taken out of context and used against you.
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Not Seeking Help from a Skilled Personal Injury Attorney
Finally, one of the biggest mistakes personal injury claimants make is not retaining a personal injury attorney. Handling a legal claim is a complex process.
Contact Our Personal Injury Attorneys at The Law Offices of Gerald J. Noonan
If you’ve been injured due to someone else’s carelessness or recklessness, contact the personal injury attorneys at The Law Offices of Gerald J. Noonan. We can explain mistakes to avoid in a personal injury claim and how we can help you pursue the compensation you deserve. We provide a free, no-obligation consultation to discuss your legal rights and options.
The post Seven Mistakes That Could Affect Your Personal Injury Claim appeared first on The Law Offices of Gerald J. Noonan.
