Personal injury law can be incredibly complex for ordinary residents. If you were in an accident or someone’s negligence harmed you, you have the right to file a personal injury claim. However, to be successful, you must fully understand the foundation and evidence required for your claim.
No matter what incident led to you filing a personal injury claim, there are certain steps to follow. Depending on the severity of the injury and damages, personal injury claims can run into millions. But you may not see a single cent if you make one or more common mistakes.
These mistakes include the following:
Not Seeking Medical Care
Ask anyone who has been in a car accident, and they will tell you that getting medical treatment is the most important thing to do immediately after. While the aftermath of a severe accident can be incredibly chaotic, trying to stay calm and calling emergency services is crucial. This can save your life and those of others involved in the accident.
The adrenaline rush caused by something as unexpected as an accident can completely mask the extent of injuries for several hours. So, if you feel okay after being in an accident and you go home instead of the ER, you may suddenly feel extreme pain or suffer internal bleeding later.
Delayed care means existing injuries could worsen, leading to more complications. The longer the delay, the more serious these complications could become.
Moreover, you need to seek medical treatment immediately to obtain the most important documents for your personal injury claim: medical records.
When you receive treatment after a car accident, your medical records are updated with the details of your injuries and how you sustained them. This is how you and your lawyer can link the other driver’s negligence to your injuries.
If you do not have this link, you are severely compromising your ability to prove negligence on the part of the at-fault driver. Furthermore, the relevant insurer and insurance adjuster will use the delay in medical care to avoid paying out your claim.
They will likely argue that because you waited to be treated, your injuries are unrelated to the accident. They may even claim that your injuries are not severe enough to justify the compensation you seek.
Not Documenting the Accident
Documenting the accident is as important as getting medical attention. Again, it does not matter what type of accident caused your injuries, but you need to get specific evidence that proves negligence.
For instance, there is typically a lot of activity immediately after a car accident. Bystanders rush to the scene to help, emergency services are called to assist, and the police are notified. It is easy to forget the steps to follow in this confusion and chaos.
However, documenting the accident is crucial. While waiting for the police and paramedics to arrive, you should start documenting. This means taking photos and videos of the scene and the damage to your vehicle and the other vehicle.
You should also take photos of any visible injuries to your body. If you were in a slip-and-fall accident or any other type of incident that caused you injury, you must take photos of the surrounding area. This includes broken infrastructure, wet floors, etc.
If you notice bystanders on the scene, get their contact details and a brief statement about what they saw.
You must also get a copy of the official police report (if you were in a car accident) and exchange information with the other driver.
If the accident or the accident scene is undocumented, you will find it challenging to file a successful personal injury claim. Your credibility will suffer. Your lawyer will not be able to reconstruct the accident accurately, and you will not be able to quantify your damages.
You will also struggle to prove causation and ultimately receive a low or zero settlement offer.
Posting Everything on Social Media
Do not be tempted to post about your accident on social media or upload photos of your injuries. Insurance companies and defense attorneys have been known to scrutinize plaintiffs’ social media profiles. If they find that you have been talking about your accident on social media, it will undermine your claim.
Admitting Fault
You may feel a sense of responsibility if you were in a car accident or any other type of accident. However, whether you are partly to blame or not, you should never admit fault when reporting the accident to your insurance company.
Admitting fault, even partially, can have a devastating effect on your personal injury claim.
For instance, the insurer can use any statement you make against you and portray you as liable for the accident. If you are discovered to be at fault anyway, your damages will be reduced further under Florida’s comparative negligence laws.
Accepting the First Offer
The insurance company that has to pay your claim will likely want to resolve your case as quickly as possible. This means you will get a low offer first. If you accept this first offer, you cannot renegotiate or file another claim in the future.
You should never accept the first offer because insurance adjusters will always minimize the potential payout. This payout will not cover the full extent of your injuries, medical expenses, lost income, pain and suffering, and so on.
You will also not be able to recover any future damages, such as long-term medical care expenses or loss of future earnings.
Other Errors That Will Impact Your Personal Injury Claim
If you miss the deadline (statute of limitations) to file your claim, you will probably not be able to file a claim at all.
You will likely make costly mistakes if you underestimate how complex a personal injury case can be and try to handle it on your own. Moreover, you may suffer further losses if you do not choose the right attorney to assist you. Hiring a lawyer with the necessary experience with cases like yours is crucial.
Lastly, if you provide false or misleading information, you will have even bigger problems. You must always be honest and transparent when relaying the details and aftermath of your accident.
Working through a personal injury claim is difficult, but if you follow the right steps and work with your lawyer, you can recover your required compensation.