Just because you filed for a personal injury claim doesn’t automatically make you win the case. Even if your injury is pretty obvious and there is an attorney working on your case, there is someone working against you as well. Someone with equal knowledge of the law and an adamancy to prove you wrong for a client.
You have no idea how many loopholes one can find in law (…when they want to). Therefore, simply filing a case and sitting with your personal injury claim won’t help you win the case, neither will making these mistakes which we will be mentioning in the excerpt below.
There are errors in a personal injury claim which can nullify your complaint or, worse, give proof against you. Yes, there are actions which the opposition can turn into a case against you, proving that you had malicious intent upon filing the case.
This is why you should seek professional help, keep asking questions about the right procedure, and do anything but commit the following mistakes.
Errors Which Can Destroy Your Personal Injury Claim
Without any further ado, we will get into the fatal errors which can destroy a personal injury claim according to the best Fleming Law Personal Injury Attorney.
1. No Police Report Is Equal To No Case
Whenever you are filing a personal injury claim and asking for compensation before approaching the attorney, you should go to the police. Try to file the case within 24 hours of the accident to prove its credibility to its highest degree.
It could be as simple as a ferocious dog biting you without warning or a serious case of medical malpractice by a health conglomerate; everything is worth the police report.
There are even cases where the judge might deem the case to be irrelevant without the proper police documentation, especially if you are charging a business for your injury claims. These are some of the personal injury cases where a police report is mandatory.
- Slip and fall in public or private properties.
- Death due to medical malpractice.
- Fatal injuries, sickness, or death due to false advertisements.
You should always review the report correctly and carefully since many investigation officers are summoned to the witness box to give a detailed record of the case. The opposition during this time is waiting with bated breath to catch a mistake to nullify the case.
2. Not Showing The Medical Records
If there has been an injury or death due to another person’s negligence, there also needs to be a clear medical record of it. Do not take your injuries lightly, and do visit the doctor. In fact, visiting the doctor immediately after the injury will help you with two causes:
- It will show the judge that you haven’t been taking your injury lightly and following all doctor’s orders. Proving that your injury claim is not just for monetary compensation.
- This will pose solid documentation for your monetary claims. Depending on the amount you are spending for your or your loved ones’ treatment, the attorney can craft a compensation claim.
3. Not Knowing Insurance Fraud
Whether it is medical insurance you are seeking or any other kind, you have to be well aware of insurance fraud. Here are some of the common scams which insurance companies can make, especially if they see a candidate in distress and not in their right state of mind.
They will provide you with a sum much less than you deserve. Often trying to downplay the injury.
Find loopholes to claim that the kind of injury doesn’t fall in the jurisdiction and reject your entire claim.
On the other hand, if you do not go for a regular doctor’s visit. Follow their instructions, get the right medicine, and fill up your prescription regularly; the insurance company will find loopholes to claim that your injury is not serious.
You might not be able to claim your right medical insurance if you do not show them the right documents or bills post leaving the emergency room.
A great piece of advice would be to ask your personal injury attorney to accompany you to these claims to ensure you are not being fooled by any insurance company. They will prevent you from accepting the first claim and get the compensation you deserve.
4. Not Taking Videos After An Injury
Choosing not to take videos after sustaining a personal injury is a big mistake. Recording videos can provide visual evidence of the incident, injuries, and conditions at the scene. Failure to capture this evidence might weaken your case’s strength.
Videos can demonstrate the severity of injuries, the circumstances leading to the accident, and the impact on your daily life. To enhance your personal injury case, prioritize documenting the scene and injuries through videos, as they can significantly support your claims and provide a clearer picture of the situation.
5. Posting It Over Social Media
Avoid social media posts about your injury claim. Insurance companies scrutinize online activity and may twist your words to diminish your claim’s value. Safeguard your case, preserve privacy, and prevent potential setbacks by refraining from sharing such details online.
Plus, posting it over social media can sometimes dilute the seriousness of your claim. The opposition attorney is also going through your social media profile to find proof against you. Too many social media posts regarding the case can create a claim that it is your intent to garner false sympathy or, worse, having malicious intent to cause slander toward the liable party before the judge’s verdict.
You will also be paving the way for the opponent party to charge you with defamation for spreading a ‘false message’ around a public forum. So, no matter what you do, do not post about the case on social media until the final hearing.
6. Letting The Statute Of Limitations To Expire
A personal injury claim is not a case to carry forward forever. According to the statute of limitation in the USA, one can file a personal injury claim for up to 2 years of the injury. Provided they are able to provide all the important documents to create a case against the liable party.
Therefore, one of the worst mistakes you can make is to let this limitation pass before making an official complaint. When we say an official complaint, it is not just hiring a lawyer and sending a legal notice but also filing an official police complaint.
The reason why you should file for a complaint within a few hours or days after your injury is the physical proof. A lawyer might not be able to prove an injury if you are completely healed.
7. Trying To Handle It All Alone
No matter how straightforward the case is, you still do not know the right legal procedure to go forth. Especially if your opponent has an attorney, proving something without legal experience will be equal times harder.
This is why you should always hire a personal injury lawyer. It is not just about taking the right legal assistance but knowing the legal etiquette to address the judge and answer questions if it doesn’t end in a mutual understanding but rather pushed to a court hearing.
How To Find The Right Personal Injury Lawyer
Here are some of the tell-tale ways to look for a credible personal injury lawyer who can take up your case and ensure a win.
Research: Look for attorneys with expertise in your specific injury type.
Experience: Choose someone with a proven track record in personal injury cases.
Reviews: Check online reviews and testimonials to gauge client satisfaction.
Consultations: Arrange meetings to discuss your case and assess compatibility.
Communication: Opt for a lawyer who communicates effectively and explains complex legal matters clearly.
Fees: Understand their fee structure and ensure it aligns with your budget.
Personalized Approach: Select a lawyer who prioritizes your unique needs and case details.
