What Are Common Mistakes to Avoid in a Personal Injury Claim?

Whether you have been involved in a car accident, a slip and fall, or any other incident resulting in injury, it’s essential to handle your personal injury claim correctly to ensure you receive the compensation you deserve. Avoiding these common mistakes can significantly improve your chances of a successful outcome.

Delaying Medical Treatment

Seeking medical attention immediately after an injury is crucial. Delaying treatment can not only worsen your condition but also create doubt about the severity of your injuries. Insurance companies may argue that your injuries are not as serious as you claim or that they were caused by something other than the accident.

Continuously follow your doctor’s advice and attend all follow-up appointments. Failing to adhere to medical recommendations can be interpreted as a sign that your injuries are not severe.

Not Documenting the Incident

Detailed documentation is vital. Record the time, date, location, and circumstances. If possible, take photographs of the scene and your injuries. Collect contact information from any witnesses. Their statements can be crucial in corroborating your version of events.

Giving Recorded Statements to Insurance Companies

Before giving any recorded statements to insurance companies, consult with a personal injury attorney. Insurance adjusters are trained to ask questions that may undermine your claim. Even innocent misstatements can be used against you. Stick to the facts and avoid speculation about your injuries or the accident.

Settling Too Quickly

It’s tempting to accept a quick settlement, especially if you’re facing medical bills and lost wages. However, you should fully understand the extent of your injuries and the long-term implications before resolving your claim. Early settlements are often unfairly low. It is highly advisable to consult an attorney before accepting any offer.

Not Keeping Detailed Records

Maintain detailed logs of all medical treatments, including doctor visits, medications, and therapy sessions. This documentation supports the severity and progression of your injuries. Keep receipts and records of all expenses related to your injury, such as medical bills, transportation costs, and lost wages. These documents are essential for calculating the total compensation you’re entitled to.

Posting on Social Media

Be very cautious about what you post on social media. Insurance companies often monitor claimants’ accounts for any evidence that contradicts their claims. Photos, status updates, and check-ins can all be used against you. Adjust your privacy settings as soon as possible and avoid discussing your case or injuries online.

Ignoring the Statute of Limitations

Every state has a statute of limitations that dictates the timeframe within which you must file a personal injury claim. In Kentucky, under KRS Chapter 413.140, you have an alarmingly short window of one year to pursue a case. Ignoring this deadline can result in losing your right to seek compensation.

Failing to Hire an Attorney

The most critical mistake is handling a personal injury claim on your own. An experienced personal injury attorney understands the legal process, can negotiate with insurance companies, and can advocate for your best interests. Claimants who hire a lawyer often recover three and half times more in compensation, even after legal fees. Additionally, many Kentucky personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win your case. With this arrangement there is very little risk involved.