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8 Common Mistakes When Making a Personal Injury Claim

If you’ve been injured in an accident, your first priority is getting the medical care you need. After having your injuries assessed and treated, you should take the steps necessary to see that your rights are protected so you can get the compensation you deserve. 

Here is where many personal injury accident victims can make mistakes. Because every personal injury case is different, guidance may be needed to address the complexities of your unique situation, and a knowledgeable personal injury attorney can help. 

Here, the personal injury experts at David W. Singer & Associates, P.A. point out the eight most common personal injury case mistakes and how you can avoid them to ensure the best possible outcome.

1. Failing to Start The Case Immediately 

Many victims of personal injury cases simply wait too long to file a personal injury claim. As mentioned, the first step following an accident is seeking the needed medical care right away. After you get the medical attention your injuries require, you should contact an experienced personal injury lawyer. Doing so quickly will give them time to contact your insurance company and get you the compensation you deserve for your medical care and other losses.

In addition, it is important to note that each state has a statute of limitations for personal injury lawsuits. The statute of limitations begins on the date of the accident and can be as short as one year or as long as six years. If you file your claim after the statute of limitation has passed, your case will be dismissed. A knowledgeable personal injury attorney will know the guidelines, as well as any exceptions, should you need more time.

2. Not Consulting a Well-Qualified Personal Injury Attorney

After getting the medical attention needed, many people wait to see what the insurance carrier says before consulting an experienced attorney. When you have been injured in an accident, you should consult a trusted attorney who will evaluate your case to determine if negligence was a cause and to establish the severity, extent, and costs involved from your injuries.

A personal injury attorney will clearly explain your legal options in getting compensation for your medical care, lost wages, and more. Not consulting a well-qualified attorney can cost you time and money, as in most cases, a skillful attorney means up to three times more in overall compensation for you.

3. Sharing Too Much Information

Opposing attorneys are trained to find incriminating information about you in hopes of having your personal injury claim dismissed. When you talk too much or share too much information with outside sources, you open the door for them to do just that. Remember that your statements from the time of the accident to your final claim could be misconstrued and used against you in a way you never intended.

Discussions about your case should be directed to your trusted attorney, who is your advocate, not to the insurance company’s adjusters, opposing attorneys, or shared on social media. Allow your attorney to speak with the insurance company. Anything you say could cause miscommunication and even compromise your claim.

4. Oversharing on Social Media 

Don’t share on social media while your case is pending. Social media platforms – Facebook, Instagram, Twitter, TikTok, and others – are not a good idea during your personal injury case. This includes sharing any details of your case, even via private messaging.  Anything you share could be misunderstood and used to prove you aren’t truly suffering as a result of the accident.

In fact, social media is one of the first places the insurance company and the defendant’s attorney will look for information that can be used against you. Even if your accounts are set to private, a court order could provide access to them. Tagged photos and videos could also be used against you to discredit your claims. Remember, even deleted posts can be retrieved. The best advice is to not post on social media until your personal injury case is resolved, but if you do post you should avoid sharing any information about your situation, your injury, your finances, or your daily routine. Keep in mind, anything you post, are tagged in, or comment on, can be misconstrued and used against you.

5. Not Keeping Doctors’ Appointments

After getting the medical attention needed immediately after the accident, some victims start to feel better and fail to keep their follow-up doctor appointments. Even though you may be feeling better, it is important to keep all your doctor appointments. If you fail to do so, the opposing attorney will try to use missed appointments against you, claiming you weren’t really injured or you aren’t putting in the needed effort to recover from your injuries. When at your doctor appointments, share all the information you can regarding your injury and symptoms, and follow all the medical advice given.

6. Trying to Handle The Personal Injury Case Alone

Some accident victims believe they can save time and money if their personal injury case seems simple and straightforward. The fact is there are no simple personal injury cases. Every case is complex and time-consuming. If you choose to represent yourself, you will have to gather all the evidence needed – police reports, medical records, witness statements, repair estimates, records of lost wages, and more –  in support of your claim. This can be challenging if you are injured, have a family, or are back to your full-time job.

On top of that insurance companies and defense lawyers often try to intimidate you to accept a low offer if you don’t have legal representation on your side. In fact, having a qualified personal injury attorney often results in a higher offer initially. Plus, during the settlement process, there is a considerable amount of negotiation, for which you need to be skilled and fully prepared to handle if you choose to assume the sole responsibility for your case. You’ll also want to realize that delays are part of the process often purposely used to get you to give up the fight for the compensation you deserve. A trusted personal injury attorney can help prevent delays and keep your case moving forward successfully.

7. Accepting the Lowest Compensation

Insurance companies and their attorneys want you to settle for the lowest possible amount. In fact, many victims accept the first offer, not realizing it won’t likely cover their expenses, losses, or damages. An experienced personal injury attorney will fight for your rights and work to ensure you get the compensation you deserve as a result of your injuries.

8. Don’t Make These Personal Injury Mistakes – Get the Help You Deserve

When you’ve been injured in an accident, you can get the help and guidance you need to navigate the complexities of your personal injury case with an experienced, trustworthy personal injury attorney. The personal injury experts at David W. Singer & Associates, P.A. are ready to help you avoid these common personal injury mistakes and bring your claim to the best possible outcome.

You only get one chance when it comes to a personal injury claim, so avoiding these eight common mistakes are the best ways to get the most out of your case.

Ready to file a personal injury case? Contact us now and we’ll be happy to help!