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Mistakes To Avoid When Filing for a Personal Injury Claim

  • By Jones, Boykin & Associates, P.C.
  • 27 Mar, 2023

An accident may lead to bodily harm, and in many cases, the victim may struggle with hefty medical bills while facing other challenges, such as lost wages. If you’re one of these victims, you can file for a personal injury claim to help you hold the other party liable for their actions.

In such a case, the burden of proof lies with the plaintiff, who is the person that presents the case to the court against another person. You need to gather evidence to prove your case, but most of all, you should avoid doing anything that could jeopardize your case. Below, we discuss the biggest mistakes you need to avoid. 

Neglecting Proper Medical Attention

You should get proper medical attention after an accident, even if you feel okay. Some wounds are not superficial and would be hard to detect if you do not see a doctor. Injuries like neck, back, and head injuries may be hard to detect until it’s too late.

Furthermore, a doctor can properly document your injuries, which is beneficial to getting enough compensation to take care of your injuries. Get treatment as soon as possible and keep track of the names of the service providers, your medical records, and any proof of wage loss as a result of the accident.

Filing the Case Too Late

As a plaintiff, you may be unaware that you have a specific time frame to file a suit. Different states may have different limitations for personal injury cases, and the court may refuse to consider the case if the timeframe has passed. This means you will forfeit your rights to any form of compensation.

Depending on your state’s statute of limitations, you may have as many as six years to file your claim, but you should file as soon as possible because you could miss the deadline when you least expect.

Talking with an Insurance Company

You may think that all insurance companies are on your side in a personal injury case, but this is often not the case. Insurance companies are businesses whose main goal, like other businesses, is to make profits.

Therefore, these companies will take steps such as undermining claims in order to pay you as little as possible after an accident. Surprisingly, you are not required to talk to an insurance company immediately after your accident.

If you talk to these companies, they may use the information you give them about the accident to undermine your claim. Ensure you talk to an experienced personal injury attorney before you sign anything or talk to insurance companies.

Accepting the Initial Offer

An insurance company will likely offer a settlement before you go to court. In some cases, injury claims are settled before they reach trial. However, just because the insurance company offered you a settlement does not mean you have to accept it.

In many cases, the first offer is not the best, and a settlement negotiation may take some extended time. Get in touch with your attorney to determine whether you should carry the case to trial or settle it.

Representing Yourself

You may decide to handle your personal injury case yourself and file it independently. However, being in this position leaves you vulnerable to an insurance company that has more of an intimate knowledge of the law in comparison to you.

On the other hand, a lawyer understands personal injury laws and knows the ways an insurance company may try to cut corners and compensate you with as little as possible. Your best bet would be to contact a personal injury lawyer.

Jones, Boykin & Associates, P.C. is dedicated to assisting personal injury victims. Whether you have been hit by a motor vehicle or injured in the workplace, we are here to help you. Reach out to us today.

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