If you’ve been injured in an accident, filing a personal injury claim can help you get the compensation you deserve. However, there are some common mistakes people make when filing a personal injury claim that could cost them dearly.
Knowing what these mistakes are and how to avoid them is essential for anyone considering taking legal action after being injured due to another party’s negligence or recklessness.
Therefore, let's discuss some of the most common mistakes to avoid when filing a personal injury claim.
Not keeping detailed records of your injury
Keeping a journal of your medical treatment, progress and any pain you experience is an essential part of filing a personal injury claim. Make sure to document all information related to the incident that caused your injury, including who was responsible and what happened during the accident or incident in question.
Additionally, it’s important to keep copies of receipts for any medical expenses you incur due to your injury. This includes prescriptions, hospital bills, physical therapy, and related costs.
Not seeking legal advice early on
When filing a personal injury claim, it pays to get help from an experienced attorney as soon as possible. Your lawyer will be able to provide you with knowledgeable advice and guidance when you file a personal injury lawsuit, which can help you avoid costly mistakes. Your lawyer can also explain the legal process to you in an understandable way and will be able to represent your best interests in court if necessary.
Therefore, make sure to seek legal advice as soon as possible after an accident or injury to ensure that your rights are protected.
Failing to follow medical advice
Following your doctor’s instructions is essential for a successful outcome in any personal injury claim. If you don't follow the advice and treatment prescribed by your doctor, it could harm the outcome of your case. In some cases, neglecting to follow medical orders can even result in reduced compensation or an outright dismissal of your claim.
For instance, if you fail to attend physical therapy sessions or other medical treatments, it could be difficult for your lawyer to prove that the injury has caused you harm.
Additionally, when you’re filing a personal injury claim, it's important, to be honest with your doctor about the severity of your injury and any other symptoms or pain that you're experiencing. Overstating the seriousness of an injury or exaggerating the degree of pain can have a detrimental effect on your claim.
Not understanding the statute of limitations
The statute of limitation is the period during which you can legally file a personal injury claim. In most states, the statute of limitations varies depending on the type of case, with some being as short as six months and others allowing up to two years after an accident or injury.
Failing to follow the applicable statute of limitations could result in your claim being denied. Of course, it’s also important to remember that the sooner you file a claim, the more likely it will be successful.
Not taking into account all damages
Finally, when filing a personal injury claim, make sure to include all damages you have suffered as a result of your injury. This includes medical expenses, lost wages from missed work days, and any pain and suffering you have experienced.
It’s important to remember that filing a personal injury claim is not just about seeking financial compensation; it’s also about seeking justice for the wrong done to you. Therefore, take into account all of the damages that you have suffered as a result of your injury when filing your claim as this will ensure that you are fully compensated for any harm done to you.
Filing a personal injury claim can be complicated and intimidating, but by avoiding these mistakes outlined in this article you’ll put yourself in the best position to get justice for any harm done to you. Make sure to follow all medical advice given by your doctor, understand the statute of limitations applicable to your case, and include all damages suffered as a result of an accident or incident when filing.
Doing so will ensure that you have the best chance at success when seeking compensation for a personal injury.