Over 75 percent of personal injury claimants receive less compensation than they deserve, not because their case is weak or lacks evidence, but because of a mistake. A mistake that directly affected their overall compensation or court award. These mistakes are easily avoidable, but many claimants are either in a rush to settle, overwhelmed by the process, or simply forget what they should do. Others mistakenly believe the judge will fully side with them simply because they are the victim.
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It is important to note that, no matter how minor, any mistake made during a personal injury claim can significantly affect credibility and the final legal outcome. To be sure of everything, employ the aid of an attorney like Felix Gonzalez of Felix Gonzalez Accident and Injury Law Firm. Here are five mistakes that can severely dismiss or affect your claim and how to avoid them.
- Delaying or Failing to Seek Medical Attention
It is expected that after an accident, you seek medical attention immediately. Failing to do so or delaying medical treatment is one of the most common and damaging mistakes. If there is a time or day gap between the accident and your first doctor’s visit, the other party, or insurance companies, may argue that your injuries were not serious. In many cases, they argue that the hospital visit at the time had nothing to do with the injuries sustained as a result of the accident.
Do not feel or think you are overreacting or doing too much by seeking medical attention, even if it is for a small scratch sustained due to the accident. Do not assume that the injury will go away without medical attention, or wait days or weeks to see a doctor because the injury looks minor. As soon as you leave the accident scene, your next destination should be the hospital. If you want to get full compensation for your injury claim, you should prioritize seeking immediate medical attention.
- Failing to Follow Doctor’s Orders or Missing Appointments
Ignoring your doctor’s appointments or missing appointments gives the impression that you are not serious about your recovery, or that the injuries are not as severe as claimed. The insurer or judge may conclude that you do not need full compensation to care for yourself, since you are supposedly “recovered.” To avoid this, even if it is uncomfortable or you feel fine, adhere to your doctor’s orders and attend all your appointments.
- Accepting the Insurance Company’s Offer Too Quickly
Settling too quickly is a huge mistake many personal injury claimants make in the bid to get closure after the accident. Faced with high medical bills, lost income, and the need to get over everything, accepting the first compensation offer the insurance company proposes is tempting. However, it’s essential to understand that an insurer’s initial offer is often not the most favorable. No matter how much the offer is, it is often far lower than what you may be entitled to.
Once you accept a settlement, you typically cannot go back and ask for more or file a complaint, regardless of your physical, emotional, and financial state. To avoid this, take your time; you are the victim. Do not allow insurers to pressure you into making a costly mistake that will gravely affect your claim.
- Failing to Document the Accident Properly
In a personal injury case, assuming that your word alone is enough could cost you your claim. Solid evidence and documentation are the groundwork for any successful personal injury claim. Create a journal or a folder of all records from the accident to the present moment. Document everything – pictures, videos, money spent, police reports, receipts, doctor’s diagnosis, medical records, prescription notes, witness statements, and every other relevant information.
- Waiting Too Long to File the Claim and Missing the Deadline
Every personal injury claim is subject to a statute of limitations that determines the filing timeline. Missing the deadline will most likely cause your case to be dismissed, thereby denying you the right to sue. Do not wait—as soon as you can, contact a personal injury attorney and file your claim.
Conclusion
The path to fair compensation is riddled with avoidable mistakes that can cost you thousands. Do not let haste, assumptions, or inexperience stand between you and the compensation you deserve. Also, you should speak with a personal injury attorney to reduce the risk of making these mistakes.
