Realizing the worth of personal injury claims is often negated when the focus is more on recovering from the accident. If the injuries are minor, the thought of filing a legal complaint often does not occur. However, for major accidents, the repercussions stretch far beyond physical injuries. Medical expenses can be costly, and the loss of wages or the victim’s inability to return to normal life can be mentally and financially straining. If not entirely, claiming for personal injury can provide the victim with valid compensation to cover some of these expenses.
A crucial step when filing a personal injury claim includes listing the injuries as well as other consequences that have affected the victim. One must be cautious when providing this list because it helps your legal representative negotiate for valid compensation with insurers. In this blog, we have compiled a list of common mistakes that victims make after surviving a life-threatening accident.
Failing to Seek Immediate Medical Attention
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Overlooking Minor Symptoms
Attending to the slightest injuries immediately is essential as they may become severe. Failing to attend doctors for key investigations and treatment can later raise questions about the credibility of your injury claims. Getting professional medical help enables identifying and treating hidden health problems at their earliest stages.
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Medical Records as Evidence
Commonly, many do not visit the doctor, thinking they have suffered only minor injuries. Undermining a medical visit can later raise questions about the credibility of your injury claims. In the absence of medical records, insurance companies may see this as an opportunity to counter your injuries as nonexistent. The consistency of medical treatment follow-ups strengthens the chances of obtaining suitable compensation.
Not Reporting the Accident to the Authorities
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Importance of Filing an Official Report
A copy of a police report is essential proof during personal injury legal proceedings. These reports are unbiased and include all facts about accidents. Without an official report, proving fault and liability becomes difficult.
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Legal Implications of Delayed Reporting
Delaying to report an accident weakens a legal case. Insurance companies will attempt to use delayed reporting of accidents as evidence to dispute the injury’s severity and the cause of the harm. Promptly reporting incidents creates a solid claim while preserving necessary documentation.
Admitting Fault or Apologizing
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Avoiding Implications of Liability
Admitting partial fault in an accident or using statements like “I’m sorry” implies acceptance of liability. Insurance companies might use such statements against the claimant to reduce the amount of compensation or deny it altogether.
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Determining Responsibility Through Investigation
One should stick to factual information when speaking with eyewitnesses from the accident site. Personal declarations should not influence investigative processes. Instead, let law enforcement and insurance firms evaluate evidence to determine liability.
Failing to Gather Evidence at the Scene
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Photographs and Videos
Gathering evidence involves taking clear photos or videos of the accident scene, property damage and injuries. They form solid pieces of evidence in personal injury claims.
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Witness Statement
Witnesses can enhance a case by sharing observational details about an incident. Gathering contact information and witness statements is essential to supporting liability negotiations.
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Details to Note
To write an extensive report on an accident, one should note essential information, including time, location, and weather conditions. Documented information is necessary to determine the sequence of events and the party responsible for the accident.
Delaying Legal Consultation
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The Role of a Personal Injury Lawyer
Finding legal help prevents one from making irrevocable mistakes. Personal injury lawyers help the injured person to understand the complexities of legal procedures and ensure the victim’s rights after personal injury are reserved and they achieve fair compensation.
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Statute of Limitations
The time limitation to file a personal injury lawsuit differs for each state. The delay in legal action may restrict the victim’s right to seek compensation. Under the guidance of a personal injury lawyer, one can never miss such deadlines and act swiftly to gain rightful compensation.
Talking to Insurance Adjusters Without Legal Advice
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Tactics Used by Insurance Companies
All insurance adjusters are professionally trained to use several tactics that will help them reduce the payouts. They may ask confusing questions or record your statements, which can be evidence they may use later against you.
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Protecting Your Rights
Before interacting with insurers, claimants should consult a lawyer to prevent them from unintentionally damaging their cases by providing excessive information, making statements, or accepting unfair settlement terms.
Posting About the Accident on Social Media
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How Social Media Can Be Used Against You
Insurance agencies and defence lawyers investigate the claimant’s social media profiles to find evidence challenging injury claims. Any social media post, regardless of its apparent harmlessness, could result in misinterpretation and weaken a legal case.
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Best Practices
Take a break from social media for a while. Avoid posting photos of yourself, as insurers will attempt to frame any sort of pose or activity as proof that you aren’t injured. Be cautious before accepting new friend requests, liking, sharing, or commenting on posts. Talk with your family and friends, asking them not to tag you in social media posts or post about your case on your behalf.
Accepting the First Settlement Offer
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Why Early Offers May Be Low
Insurance providers offer low preliminary settlement amounts to decrease their financial expenses. The first insurance settlement proposals from insurance companies usually fail to address ongoing medical costs, income loss, and pain-related compensations. While the offer may seem like a lot, insurers are in the business of saving money, and it likely does not represent a fair assessment of your future needs or pain and suffering.
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The Importance of Valuing Long-Term Damages
Before accepting any settlement, you need to consider future medical expenses, rehabilitation costs, lost income, and emotional distress. A personal injury lawyer helps determine actual claim value through evaluation and negotiation to secure proper compensation.
Ignoring Follow-Up Medical Care
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Documenting Recovery
Missing medical appointments and terminating treatment can prove that your injuries are less severe than claimed. The ongoing medical care creates documented evidence supporting the effects of injury and the need for necessary treatment. It will ensure your best possible recovery and return to a fulfilling life.
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Impact on Claims
Insurance companies use incomplete medical records as a reason to reduce claim value. They may try to prove that the injuries were not severe or the recovery was faster than reported.
Conclusion
While victims start their recovery process after traumatic accidents, avoiding such mistakes can help you achieve rightful compensation. Documenting photos or videos from the scene is only the first step in building a personal injury case. Claimants must seek personal injury lawyers’ guidance to enhance their claims’ effectiveness.
Are you or anyone from your immediate family planning to file a personal injury lawsuit? Let experts at MacIsaac Gow LLP help you. With over two decades of expertise handling personal injury cases, we have helped our clients receive fair compensation for their losses. Reach out for a free consultation today!
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