Suffering an injury resulting from another person’s negligence or wrongdoing can be overwhelming. Victims experience various hardships, such as piling medical bills, physical pain, and lost wages. This is why personal injury law awards victims financial compensation to help them recover.
Unfortunately, victims often make mistakes that may seem insignificant but can damage their claim. You can hire a good personal injury lawyer in your area to ensure you receive fair compensation. This blog lists 5 common mistakes victims unknowingly make that impact their personal injury claims.
Delaying Medical Treatment
The moments after an accident are important, and seeking immediate medical attention is one of the best steps a victim can take. Some injuries, such as concussions, internal bleeding, or whiplash, may not be immediately apparent but can worsen over time. Failing to get checked by a doctor can not only put health at risk but also give the insurance company an opportunity to argue that the injury was not serious or was unrelated to the accident.
Additionally, medical records serve as essential evidence in a personal injury claim. A gap between the accident and seeking treatment may be used by the defense to downplay the severity of injuries or suggest they were caused by something else. Even if symptoms seem minor at first, victims should always get a thorough medical evaluation and follow up as recommended by healthcare providers.
Giving Statements Without Legal Advice
After an accident, insurance companies often reach out to the victim. They also send an insurance adjuster as their representative to handle the claim. Victims need to proceed with caution when dealing with insurance companies, as they might try tactics to reduce or deny their claims.
Victims must stay alert, provide only vague facts, and not go into detail. They might try to find inconsistencies or statements to manipulate for their benefit. Do not say things like “I’m fine” or give recorded statements to the adjuster, as they will damage the claim.
Experienced lawyers are aware of the tactics used by insurers and can ensure that victims don’t have to deal with the insurers. Lawyers can represent the victim and handle all negotiations with the insurance companies to get the victim the compensation they deserve.
Posting on Social Media
When a claim is in progress, the victim must take all precautions to ensure they receive their rightful compensation. This also includes being mindful of what they post on social media. The defense’s lawyers and insurance companies often monitor the victim’s social media.
They do this to catch any inconsistencies in the victim’s claim or misinterpret posts as a sign of the victim doing just fine after the accident. If the victim were to post pictures of them enjoying after an accident while the claim states severe injuries, the defense would take it as proof to minimize or deny the claim. It is also advisable that the victim refrain from posting about the details of the claim while the claim is in progress.
Not Following Medical Advice
The significance of medical attention goes beyond the one conducted by the first responders. Victims need to meet with a doctor to conduct an extensive checkup to ensure all injuries are taken into account. They must follow the doctor’s medical advice, such as treatment plans, medications, and follow-up appointments.
This ensures the victim’s health and helps to create a detailed record of all the injuries sustained due to the accident. This is necessary to ensure that any long-term or permanent injuries are addressed and covered in the claim. It also acts as evidence if the defense tries to minimize the victim’s injuries.
Accepting a Low Settlement Too Soon
The defense might offer a quick settlement offer to the victim to close the claim as soon as possible. Such offers are often ‘lowball offers,’ meaning that the amount is far short of what the victim’s damages are worth. As victims are usually stressed about the financial strain caused by the accident, insurers use it to pressure them into accepting their offer.
Insurers might claim that the initial offer is the highest the company can offer. Once a victim has accepted a settlement, renegotiating is nearly impossible. Victims must hire a personal injury lawyer to ensure such tactics do not fool them.
Through a claim or litigation, lawyers can take all the necessary steps to get victims their compensation.
