After being injured, there’s a good chance you’re dealing with pain, paperwork, and maybe even pushback from an insurance adjuster. All of this is frustrating, but it’s just the beginning. If you don’t do everything by the book from start to finish, one mistake can cost you your case.
Whether you miss a deadline or say the wrong thing, simple mistakes can prevent you from getting compensated.
In this article, we will break down common mistakes and tips for avoiding them.
1. Ignoring the need for legal counsel
The number one mistake people make is not hiring a personal injury lawyer to handle their case. No matter how strong you believe your case is, there’s a good chance you’ll lose without a lawyer. Fighting a lawsuit isn’t just about having strong evidence. You also need to build your case, win arguments, and convince a judge or jury that you deserve what you’re asking for – all while following strict courtroom procedures. That’s nearly impossible when you aren’t a lawyer.
Even if you do manage to win something, it will be significantly less than what you’d get if you had an attorney to negotiate on your behalf. That’s because you’ll be fighting against an insurance company represented by a highly skilled and experienced attorney. Their only mission will be to discredit your case and get it dismissed. If you don’t have a lawyer, you’ll be in over your head and the outcome won’t be good.
2. Failing to seek medical treatment immediately
Your medical records will serve as a key piece of evidence in your case. Your injuries might be obvious, but it’s not enough to simply walk into the courtroom on crutches. You’ll need to establish that your injuries happened because of the accident. That requires thorough medical documentation. This applies whether you’re dealing with minor injuries like broken bones and burns, or serious injuries like the loss of a limb or paralysis.
If you don’t seek treatment right away, the insurance company may argue that your injuries aren’t that serious or are unrelated to your accident. Having gaps in your records or no records at all will be a big red flag.
3. Not following medical treatment plans
Skipping the treatment plan your doctor prescribes for you can backfire in your court case. If you don’t follow through with treatment plans or ignore your appointments, the insurance company will argue that you’re not really that injured and it can significantly lower the value of your claim.
If you don’t like your treatment options, ask about alternatives or get a second opinion. For example, you may not want back surgery because it’s risky and the outcomes aren’t satisfactory. That’s understandable. However, you’ll still need to do something if you want the judge to believe you’re injured. For example, if you choose to pursue alternative treatments, like acupuncture, it may not qualify for compensation, but it can support your claim of being injured.
4. Giving a statement without legal advice
No matter how nice an insurance adjuster sounds over the phone, they’re not your friend. Never give a statement without legal advice because everything you say will be recorded and used against you by the insurance company. Unfortunately, innocent phrases can be twisted and taken out of context to reduce or deny your claim altogether. There’s also a good chance the insurance adjuster will ask questions designed to get you to admit fault or minimize your injuries. Never talk to an insurance company without first talking to your lawyer.
5. Posting on social media
Many people lose their personal injury claims by posting about their lives on social media. Any posts about your life can undermine your claim – not just posts about your injury. For instance, if you’re suing for pain and suffering or loss of enjoyment of life and you post a photo of yourself smiling, that can be used as evidence against your claims. Even casual comments about your injury can be used to contradict your official statement.
6. Exaggerating your injuries
Some people feel tempted to exaggerate their injuries, but that’s not necessary and it will put your case at risk. If you’re caught overstating your injuries, you could lose your whole case, even if you were legitimately injured.
Avoiding mistakes protects your case
Pursuing a personal injury claim can be an overwhelming, stressful process when you aren’t familiar with the court system. Even small mistakes can damage your case, potentially costing you the compensation you need.
However, you can avoid the pitfalls by hiring a lawyer who knows the ins and outs of the legal system. You don’t need to pursue your case alone. Keep your focus on healing and let the legal experts handle the battle.
Founder Dinis Guarda
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