What Are Common Mistakes To Avoid In A Personal Injury Case?

Common Mistakes To Avoid In A Personal Injury Case

When you become injured through someone else’s negligence, you often have the right to seek compensation through a personal injury claim. Unfortunately, it is far too easy to make mistakes during the process. Knowing these common mistakes can help you avoid them if you decide to pursue a personal injury case.

Not Filing a Report

Filing an official report is part of the process virtually any time you experience an accident where an injury occurs. In many cases, such as a car accident, this will be a police report. However, it may also be a work injury or facility report if your injury occurs in certain circumstances. No matter what type of paperwork it is, you should complete it and submit a copy to the required party.

The accident report you file contains vital information captured immediately after the injury occurred before you have time to forget any of the details. It is also a good way to establish who else was in the area, so you have a written list of witnesses should that be necessary later on.

In addition to filing one, you also want to ensure you retain a copy of the report. This may be needed to establish your claim if you choose to pursue legal action against the responsible party.

Delaying Medical Treatment

There is a common expression that nothing was hurt in an accident but your pride. The embarrassment that is natural in certain situations may cause you to skip getting checked out by a doctor, which could be a big mistake.

Shock is another common reason to skip immediate medical attention. Your body sends signals to reduce pain immediately after a traumatic experience. These can mask sometimes serious injuries that require care.

There are other reasons you may use to skip medical attention after an accident. Maybe you are in a hurry and need to get to work on time or pick up your kids from school. You could be without insurance and don’t want to incur the additional expense of an urgent care visit. Maybe you really feel fine and don’t realize that many types of injuries don’t show symptoms for a day or two.

Whatever the reasons you have for skipping a trip to the doctor, put them aside. Getting evaluated establishes a connection between your injuries and whatever caused them, something you will need to show to your insurance company when filing a claim. You will also need this information if you decide to pursue a legal case.

Providing a Statement

Giving a statement to the police after an accident is common. However, you want to be very careful who you speak to after an injury, especially if the request is for a recorded statement. Insurance companies and their attorneys may attempt to get you to say something that undermines your claim by twisting your words or confusing you with complex terminology.

It is usually a good idea to refer all questions about your accident and injury to your attorney. The law office can answer most questions on your behalf. If you must provide a statement, do so with your attorney present so you have someone to explain questions so you understand them.

Posting Information on Social Media

Research shows that nearly three-quarters of Americans use social media, so it’s no surprise that you may want to post there. However, that can quickly backfire on you. Limit discussions about your injury to your attorney and law office staff to avoid giving insurance companies, attorneys, or the people responsible for your injuries information they might be able to use against you. If possible, it’s a good idea to also ask friends and family to refrain from posting about your injuries and other activities.

Accepting the First Settlement Offered

Insurance companies are often eager to settle injury cases and move on. They also have a vested financial interest in paying out as little as possible on each claim. Many times, these factors contribute to unrealistically low first settlement offers. The amount may seem attractive when you are facing growing medical bills and lost wages due to your injuries. However, accepting it often leaves you unable to meet future costs of care or compensate for reduced earnings.

It is generally unwise to accept an initial settlement offer from the insurance company. Of course, there are exceptions to this, and the first offer may be the best one you will get. Having an attorney on your side is an excellent way to evaluate any offers and make a decision based on the facts available.

Letting the Statue of Limitations to Pass

Every state has a statute of limitations for filing personal injury cases. This is the time limit you have from when the injury occurred or, in some situations, when you became aware of it, to when you file a legal claim. Failure to take action before this time can leave you with very limited options for seeking compensation.

In New York, the statute of limitations for many types of personal injury cases is generally three years. However, it can vary depending on the nature of your accident or injury. For example, wrongful death claims have a two-year limit, and medical practice cases should begin within two years and six months. Some injuries, such as those to your reputation, have even shorter time limits.

It is very easy to become confused about when to have paperwork turned in. Your attorney will ensure that everything is filed and recorded before the statute of limitations is up. She can also follow up to ensure any corrections or requested information is provided in a timely manner.

Not Contacting an Attorney

The sooner you hire an attorney the better off you will be. This is true even if you decide against filing a lawsuit since attorneys can also help you deal with your insurance provider if needed. Your attorney will investigate the claim to establish responsibility for your injuries and then work to hold those parties to account.

Sadly, not hiring an injury lawyer may be the single biggest mistake someone contemplating a personal injury case can make. As you have already read, having an attorney in your corner helps you avoid many of the other common mistakes, such as getting trapped into making a statement by the insurance company or other attorneys or accepting an unfair settlement.

When shopping for a personal injury lawyer, ask about firm specializations, office locations, and prior experience. It’s also a good idea to find out about attorney compensation at the start. At Cellino Law, we’ll schedule a free consultation for an attorney to review your case and discuss your options. If you decide to move forward, you will never pay an upfront fee. In fact, you’ll only pay if we win your case or negotiate a favorable settlement on your behalf.

Skip these Personal Injury Case Mistakes

When you hire an experienced attorney with Cellino Law, you get years of experience litigating personal injury and accident cases on your side. We’ll help you avoid the most common mistakes people make while handling an injury case. Our offices throughout the state make it convenient to find experienced representation no matter where you live. Schedule a free case review today by calling (888) 888-8888 or contact us online to find the office closest to you.



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  • This is to express our gratitude to you and your team in helping us and Stephanie navigate through the legal process following her car accident. We are very satisfied with the outcome and grateful for your hard work and attention to details. We fell confident that with this compensation, Stephanie will be able to move forward with her studies and her life with the ability to care for some of her health needs resulting from the injuries sustained following her car accident. Thank you very much and may God continue to bless your efforts.

    Jose & Rose

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    Mrs Steward

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