Sustaining an injury from another person’s carelessness can turn your life around. Beyond the pain, the expense of medical bills, the emotional distress, and lost wages can quickly become overwhelming. That’s why bringing a personal injury case is required — not just for financial relief but for justice as well. Still, many individuals inadvertently ruin their own cases by committing fatal errors along the way.
Handling a personal injury claim can be complicated, and the legal process is usually filled with hurdles. Getting help from experts like San Francisco personal injury attorneys can make or break the success of your case in relation to a fair outcome. To assist you in preserving your rights, the following are some of the most frequent blunders to circumvent in personal injury cases.
Unnecessary delay in seeking medical attention
Following an accident, taking care of your health is not negotiable. Even if you are fine or believe that your injuries are not serious, receiving a medical assessment as soon as possible is essential.
Certain injuries, such as concussions or internal injuries, might not have symptoms right away but can lead to severe long-term effects. Moreover, medical records are essential evidence in your case.
A delay in seeking treatment can provide the insurance company with a reason to claim that your injuries were not severe or that they were caused by something other than the accident.
Not gathering enough evidence to substantiate your PI claim
Your case for personal injury is only as good as the evidence that backs it up. If at all possible, take pictures at the accident scene. Photograph your injuries, the area, property damage, and any hazards that led to the accident. Get statements from witnesses and their contact information. Not gathering evidence in the beginning can make it much more difficult to establish liability later.
Agreeing to give a recorded statement to the insurance company
Insurance adjusters are usually nice and cooperative, but their work is to reduce payments. They may try to get you to provide a recorded statement. It’s best not to give one until you’ve consulted an attorney. Insurance firms can use your words against you, manipulating innocent statements to discredit your claim. Be very careful about what you say, as even an innocent-looking remark can make you receive less compensation.
Accepting the first offer of settlement
It is not unusual for insurance providers to make a rapid settlement shortly following an accident. Though it may be tempting, particularly if you are dealing with medical expenses and lost wages, initial settlements tend to be drastically less than you really deserve. Such settlements scarcely take into account continued medical treatment, lost capacity to earn a living, and pain and suffering in the future.
Talk with a legal advisor prior to finalizing any kind of settlement in order to ensure that you’ll receive just recompense.
Disregarding doctor’s orders or missing appointments
Obeying your doctor’s orders is not only beneficial for your recovery but also for your case. Missing appointments, reducing treatment, or skipping prescribed therapies will enable the defense to argue that you are exaggerating your injuries.
Keep all medical records, attend all appointments, and strictly follow doctor’s orders to strengthen your case.
Signing documents without fully comprehending what they mean
Insurance firms can request you to sign medical release forms, waivers, or other papers. Some may be routine, while others may include language that compromises your rights or releases the responsible party from liability. Never sign any document on your case prior to reading it with a professional lawyer to prevent you from unintentionally waiving valuable rights.
Ignoring the Statute of Limitations
All cases of personal injury are governed by a deadline, referred to as the statute of limitations, and the amount of time you have in which to file a case. This differs according to the state and depending upon the nature of the case. If the deadline is missed, you risk losing your entitlement to compensation altogether.
To steer clear of this expensive error, don’t wait – act at once and contact a lawyer immediately following the accident.
Representing yourself without proper legal guidance
Although it is possible to deal with a small personal injury claim without representation, bigger or more complicated matters need expert hands. Personal injury law consists of negotiations, court filings, and complex regulations that make it daunting for an inexperienced person.
Also, if you don’t know, insurance companies employ battalions of attorneys looking to cut their payments to the lowest amount. The only way to fight them is by having a competent lawyer on your side who will fight for you. Moreover, an experienced PI lawyer will work hard to maximize your chances of getting equitable and full compensation.
Assuming all PI cases are the same
There are no two similar personal injury cases. Just because a person you know has had a similar case does not mean your case will be the same. Each case relies on different variables, including the severity of injuries, evidence, witnesses, and strategy of law. Trusting in generic advice or making assumptions will result in expensive blunders. Always obtain case-specific advice from an experienced attorney.
Talking/discussing too much about your case with everyone
Talking about the particulars of your case to friends, colleagues, or even relatives may be dangerous. What you share may be misconstrued, quoted out of context, or even disclosed to the opposing party. Maintain a conversation about your case between yourself and your attorney only to avoid any inadvertent damage to your claim.
Posting details of your case on your social media account
Social media is a double-edged sword. While you naturally wish to post about your situation to friends and family members, whatever you write can be used as evidence against you. Insurance adjusters and defense lawyers closely follow the social media communications of claimants for any posts that might be contradictory to claims of injury. Even a simple picture of you smiling at a family event can be taken out of context as evidence that your injuries are not as severe as presented.
So, there you have it! Avoid these seemingly simple but deadly mistakes to strengthen your personal injury case.
