Most Common Errors Personal Injury Clients Make With Their Claims

Making a claim for your injury can feel like walking into an unfamiliar world. If you’re unfortunate to get injured because of someone else’s carelessness, you are entitled to file a personal injury claim for compensation to aid in recovering the costs from the accident. 

But before you do make a claim, it’s important that you are careful with your actions after the injury or accidents so you don’t expose your claim to risks. With that being said, here are some of the common mistakes that personal injury clients usually make:

Hesitant to Getting Medical Treatment Immediately

Seek medical treatment early after getting injured from the nearest ER or urgent care centre. Although you may think that you feel fine, it’s possible that your injuries arise in the future due to the incident. It’s important that you seek immediate treatment from a doctor who can provide documentation for possible injuries, which can help strengthen the claim. 

Unable to Document the Incident

This depends on the situation but if it’s possible, don’t forget to take photos or some notes at the scene of the incident. Ask someone near whom you can trust to do it if you’re physically unable to do it by yourself. Video and photos are strong evidence, together with statements of witnesses, that can help support the incident, particularly if the other party involved have a version that contradicts yours. 

Sharing the Incident on Social Media Accounts 

Since we’ve mentioned taking photos of your injuries or the scene of the accident, try to avoid sharing or posting them on your social media accounts like Facebook, Twitter, Instagram, or Tiktok, and etc. The photos and captions you post can be used against you that may affect your claim negatively. For instance, you got into a car accident and you post that it was just a minor accident

Thinking There Is No Need for a Lawyer 

If you believe that you can easily settle a claim directly without a lawyer, things can even go wrong. Most of the time, insurance companies will tell you that you can try settling a claim with them directly, and even say that lawyers will only complicate things, and make you believe that you’ll get a better settlement without paying all those legal fees. This is false! 

Find out as much information as you can about the claims’ process and your legal rights. We highly recommend that you look for a credible compensation lawyer so that insurers can’t bully you out of the claim. 

Not Being Honest With Your Lawyer About Your Mental or Psychological Side of an Injury 

Tell your lawyer everything and be sure not to keep any secrets. Are you experiencing nightmares? Drinking more? Did you become more reserved or you’re shouting more often? Are you becoming forgetful? If you’re experiencing any psychological elements from an injury, there is nothing to be embarrassed about.

Nowadays, mental health has earned greater recognition, especially as a result of the pandemic. A lot of high-profile figures are openly sharing their experiences. Communicate this to your lawyer, tell them about any psychological symptoms you’re experiencing or have experienced, and mention them also to the medical professional. This is crucial since this type of injury is another kind of hard which accidents are the major cause, and it should be considered for in your compensation award. 

Providing Plenty of Detail to the Other Party’s Insurance 

You should be aware of the possibility that the other party’s insurance may contact you to ask for your statement about your own version of the incident. You don’t have the obligation to give them information and you have the right not to even speak with them. 

They can try to persuade you to minimize the accident or injuries, and somehow convince you that the value of your claim is not that high than it actually is. They may be willing to make an offer of settlement or discover past medical conditions you had and use that against you. If you are not sure of what to say, simply tell them you’re currently busy or it’s not the best time to talk. You may give them the number of your lawyer instead. Be wise when talking to them.

You’re Assuming All Lawyers are the Same 

It’s right that you hire legal representation, but it’s wrong when you think that every lawyer is just the same. They’re just like doctors who each have respective expertise in different areas of medicine. Lawyers also have their own specialities in different fields. Conduct research first for potential lawyers, such as knowing reviewing their history of representation in similar cases to yours. Examine their practice areas, honours, awards, and records they have. 

Filing a legal claim must be executed well with someone who is well-versed with the law. A compensation lawyer or personal injury lawyer is knowledgeable about the limitations of filing this type of claim, and they can provide expert witnesses if there is a need to. 

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