What are the most common mistakes made when filing personal injury claims?

While unfortunate to note, injuries from preventable accidents are quite common. Although circumstances can vary, the results are often the same. Victims often have to deal with lost wages and substantial medical bills. In some cases, the injuries also hinder the victims from engaging in activities and hobbies they once enjoyed.

Most personal injury victims are in an emotionally vulnerable state and are financially compromised. This makes filing for personal injury claims and fulfilling other legal obligations a burden. Thankfully, this is where the help and expertise of a seasoned personal injury lawyer can come in handy.

Personal injury lawyers can help you demand fair and full compensation either through a personal injury lawsuit or an insurance claim. They also work tirelessly to investigate the accident and collect the necessary evidence to show who is at fault.

Apart from investing in the help of a skilled personal injury lawyer, you need also to be aware of some of the common mistakes that can hurt your case. Below are some of the most prevalent mistakes you need to avoid when filing your personal injury claims:

Mistake #01: Leaving the accident scene.

It is recommended that you stay at the accident scene long enough for law enforcement or security to be notified. You also need to stay at the scene until a police report has been filed. Ideally, you have to also take note of the date and time and the circumstances of the accident.

You should also list down the names of everyone involved as well as the names of possible witnesses. It is important to remember that when you leave the accident scene without proper documentation, you can lose substantial evidence and jeopardize your rights to just and fair compensation.

Mistake #02: Not tracking medical records and other documents.

As a general rule of thumb, get medical attention as soon as possible, even if the injuries seem minor. Many severe and potentially disabling conditions like neck, back, and head injuries have symptoms that might take weeks to appear. 

Make sure also to keep track of the names of your providers and your medical records. Ensure you are also aware of any lost wages and any additional costs you have incurred.

Mistake #03: Exaggerating your injuries

When reporting your injuries, avoid exaggerating and be honest about your condition and the extent of the damage. Also, consider it best not to discuss your injuries with your insurance company without speaking with your attorney first. 

It is also recommended that you don’t provide your insurer access to your medical records without consulting your lawyer first.

Mistake #04: Not meeting the time limit required for filing a claim.

In civil courts, there’s a limit for filing a claim. This is referred to as the statute of limitations. In some states like Texas, the statute of limitations for personal injury claims is two years from the date of the injury. Failure to file your claim within the said time limit will forfeit your rights to both current or future compensations.

Mistake #05: Posting about your injuries on social media.

One of the first places insurance companies check when investigating claims is social media. In some instances, photos, videos, and other online posts have been used as evidence to cast doubt on the  injuries, accident, and even the character of the person.

Ensure you won’t jeopardize your personal injury claim by not posting anything about your accident on social media until your case has been resolved successfully.

Mistake #06: Giving statements to insurance companies.

While many people think insurance companies are on their side, it’s not always the case at all times. When dealing with your insurance company, it is essential to remember that they are operating a business. As such, their primary goal is profit.

That said, it is possible that they can undervalue or even deny claims if you are not careful. Always check with an experienced personal injury attorney before giving any statements to your insurance company or signing documents.

How we can help

Filing a personal injury claim can seem like a complex and overwhelming process without the right help and guidance. Apart from keeping the common mistakes laid out above, it is also crucial to work with a seasoned personal injury lawyer to ensure you and your interests are protected at all times.

If you’ve been injured and you’re looking for a personal injury lawyer in the greater Phoenix area, please call The Law Offices of Alcock & Associates, P.C. for a FREE consultation: 602-989-5000. You can also visit our website for more information: https://www.alcocklaw.com.