Common Mistakes That Can Hurt or Void Your Personal Injury Claim
Personal injury claims resulting from third-party negligence and other causes are among the common legal suits globally.
It is not uncommon for people to suffer injuries from motor vehicle accidents, at work, and other random events. In most cases, injured victims file personal injury claims to hold liable individuals accountable for injuries caused. If both parties can’t reach an agreement, the case proceeds to trial.
Unfortunately, personal injury cases are complicated and take time to conclude. Interestingly, the burden of proof in personal injury cases lies with the plaintiff, making it prudent to hire a top injury attorney in your area. Besides hiring an attorney, you should watch out for several mistakes that can hurt your chances of being compensated. Common mistakes to avoid include:
1. Not Seeking Medical Treatment Immediately
Your personal injury claim would have slim chances of success if you didn’t seek medical treatment immediately for the injuries sustained. Insurance companies for at-fault drivers often look for ways of minimizing compensation payouts. This includes evaluating if the injuries sustained were as bad as claimed.
As such, they investigate the plaintiff’s actions right after the accident to evaluate the seriousness of the medical treatment received. Not seeking medical attention immediately or failing to follow treatment recommendations may cast doubts on the nature of your injuries. Insurers will claim that your injuries are exaggerated or fake if there’s more time between the accident and initial treatment.
2. Taking Your Time to File a Personal Injury Case
While accidents and events preceding personal injuries are traumatizing, ensure that you file a personal injury claim within the given time limit. Most people are unaware of the time frame for filing personal injury lawsuits. Different states have varying statutes of limitations for filing these cases. The court can reject your suit if you don’t file your case within the given period. The statute of limitations ranges between one and six years in the U.S. However, this varies depending on the state. This is certainly enough time to plan your injury claim to avoid this costly mistake.
3. Oversharing on Social Media
In this era of social media, you shouldn’t share much about your personal life when battling a personal injury lawsuit. You should consider deleting or archiving your social accounts. Most people overshare daily details about their life on social platforms. While it appears harmless, a single photo or video can harm your lawsuit.
The defendants or insurance company’s attorney will certainly go through your social profiles searching for evidence of injuries. They can use what you’ve shared online to prove that your injuries aren’t as severe as you’ve claimed. Remember that lying or exaggerating your injuries can void the entire compensation. Being untruthful ruins the client-attorney relationship. The jury can also see through deceit and reject your case.
Seeking compensation for personal injuries caused by accidents or sustained after work is natural. Unfortunately, winning a personal injury case isn’t simple. Insurance adjusters and defendants attorneys will try everything possible to reduce or deny your claims. Hiring a personal injury lawyer and avoiding these mistakes increases the chances of getting fair compensation.