When you file a personal injury claim, there are several parties working against you. The insurance company is trying to limit the amount of their payout to you, and when applicable, defense lawyers are trying to defeat your claims. In both scenarios, your adversaries will try to prove that your injuries are not as severe or extensive as you claim – and because of this, there are many ways that a claimant can accidentally sabotage their own case and can affect the outcome of their settlement. While you may not be familiar with these potential pitfalls, an experienced personal injury lawyer is – and has the ability to give you the best advice to prevent damage to your case.
4 Recommendations for Those Claiming Personal Injury
Here are the four most common mistakes made by claimants hoping to receive compensatory damages in a personal injury case:
- Going it alone: While it may sound suspicious for a personal injury law firm to tell you that you need our help, evidence and research proves this to be true. Those who try to negotiate their own insurance claim often accept the first or second settlement offer, leaving large amounts of money on the table. The truth is that insurance companies will encourage you to settle before an attorney gets involved because only an attorney truly understands the worth of your claim. An attorney knows the correct compensation range, preventing you from being cheated – and will also negotiate on your behalf – a big relief for those who don’t like confrontation and stress.
- Not preserving evidence and maintaining proper records: Whether a video or photo taken at the accident scene or medical expense records, the more documentation you can present to support your case, the better. A claimant should write down as many details about the occurrence as soon as possible and keep a record of all photos, witness names, or police reports that will support the facts and your account of the incident. Keep doctor notes, diagnosis and prognosis, bills, and medication information so that you have all the necessary information to support your claims.
- Posting on social media: Social media is so commonplace that people think their posts are harmless – but when pursuing a personal injury claim, a simple photo may be detrimental to the outcome. Posting about your accident and responding to friends and family with a simple “I’m ok” may be enough to use against your injury claim. It is recommended for any personal injury claimant to stay off social media completely, as well as instruct family and friends not to tag you or discuss your situation.
- Withholding symptoms from your doctor: After a car accident or slip and fall, you may be tempted to report big medical issues and ignore less serious symptoms. However, your personal injury lawyer is not only advocating for reimbursement for your current medical bills, but they will also fight for reimbursement of future medical expenses. A small pain today may indicate a ticking time bomb medically – but if a settlement has already been agreed to, you will not be able to revisit your compensation. Tell your physician about everything you are feel – and have every test or assessment necessary.
Those seeking a personal injury settlement may believe that they can be successful on their own, or they may think that any personal injury attorney will do. Don’t make either of those mistakes – call Probinsky & Cole today, and put our experience to work for you.