6 Costly Mistakes To Avoid In A Personal Injury Claim

— Personal injuries are, unfortunately, a common occurrence, sometimes with dire consequences. Per CDC data, accidents with unintentional injuries were the third-leading cause of death in the US, only behind cancer and heart disease. (1)

This being the case, filing a personal injury claim if affected may be a good idea. Many people take this route, as reports show a 150% increase in liability filings in 2021 alone. (2)

If you decide to file a claim, you need to know what mistakes can hurt your case. This guide shares six costly mistakes people make and how to avoid them.

Admitting Fault or Apologizing at the Scene

Say you’re in a fender bender. Maybe you braked late or thought you did something wrong. So, naturally, you say, “Oh, I’m so sorry.” Later, when the insurance adjuster reviews the case, they’ll use those words against you.

Even if the other driver was speeding or distracted, your apology makes it appear as though you’re admitting fault. That said, stick to the facts when you describe what happened.

To avoid this mistake from the start, consider working with Willens & Baez personal injury lawyers or any others near you from the moment the accident happens. They can guide you through every step, make sure you don’t make costly mistakes, and help you build a strong case from the very beginning.

Not Seeking Immediate Medical Attention

Sometimes, when someone’s in an accident and feels relatively okay, the last thing they think about is seeking medical attention. You may feel fine, indeed, but some injuries, like whiplash and internal bleeding, don’t show symptoms for days or weeks.

When this happens, the insurance company may argue that since you didn’t go to the doctor immediately, your injury wasn’t caused by the accident. So, after incidents, no matter how small, get checked out by a doctor. If there are injuries that directly relate to the accident, ask for the medical records.

Posting on Social Media About Your Case

Social media is a great avenue for sharing what’s going on in your life, but when dealing with a personal injury claim, you’re better off staying away. Insurance companies often dig through social media accounts as part of their investigations. And with about 93% of people admitting to having seen someone overshare on socials, odds are high that a post or two may not serve to your advantage. (3)

For instance, say you broke your leg in an accident. You file a claim, claiming you can’t walk properly. Meanwhile, someone saw a picture of you dancing at a wedding last weekend. The insurance company can latch on to that and argue that your injury isn’t as bad as you claim.

Accepting the First Settlement Offer

Most people are unsure of the value of their claim. And sometimes, insurance companies start them off with a lowball offer.

Say you were in a car accident and had to miss two weeks of work. The insurance company offers you USD$5,000. This may sound like a nice little settlement at first. But if you look closer, you’ll see they’re not counting future medical bills, lost wages, or your pain and suffering.

Don’t rush to accept. Take time to add up all your damages. Factor in medical expenses, lost income, and pain and suffering. Then talk to your lawyer before you agree to anything.

Failing to Document Everything

You’ve probably heard the saying, “If it isn’t documented, it didn’t happen.” This is sound advice because memories can become fuzzy, and the other party might provide a completely different account of the events.

So, after an accident, write down every detail. Include the date, time, location, weather conditions, who was involved, and what happened step by step. If you’re able, take photos of everything, from the scene of the accident down to your injuries and any property damage.

Be sure to report the incident to the police, too. Keep copies of the report, along with medical records, bills, and receipts for any out-of-pocket expenses, such as over-the-counter medications or transportation costs. All these can be evidence that’ll support your case.

Giving Recorded Statements Without Legal Advice

Insurance adjusters, seemingly polite and professional, may ask you to give a recorded statement. During that recording session, they might ask leading questions designed to catch you off guard. For example, they could ask, “Did you see the other car before the crash?” If you hesitated or said something unclear, they might twist your words to suggest you were distracted.

This isn’t to say you shouldn’t talk to the insurance company at all. You can, but have your attorney present. They can help you prepare so you avoid saying anything that could hurt your case.

Final Thoughts

Filing a personal injury claim may be the first step towards getting just and fair compensation for your injuries. But the outcome depends on navigating the legal process correctly.

Steer clear of the mistakes mentioned in this guide and involve a personal injury attorney from the get-go. With their help, you’ll be much better equipped to achieve the best possible outcome.

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