With the advancements in technology, the world has become a fast-paced place. But what has taken a faster pace are the cars on the roads. It is a very common sight to see an accident because of overspeeding cars and bikes on the roads. This is why knowledge about personal injury claims is important. It means a person faces any kind of personal or property damage due to another person’s negligence.
You can claim for personal injury in different cases including car, truck, and bike accidents or maybe construction accidents. The case can be defective devices as well where the manufacturer is at fault. In all such cases, you are eligible to claim for personal injury and get compensated for your loss.
You and your lawyer must prove the negligence of the party at fault to recover any kind of damages.
However, the whole process is not as easy as it seems to be. There are many complexities and complications in filing a legal personal injury claim that is strong enough to recover your losses. No doubt, you might get overwhelmed just after getting into a life-threatening accident but this is the only time when you have the power in your hands to follow all the necessary precautions. This includes collecting evidence, hiring a lawyer, and appearing in court.
Mistakes to Avoid When Filing a Personal Injury Claim
Sometimes, this is not enough. It is very common practice in the courts to dismiss cases of personal injury claims. This can be due to a lot of reasons but it happens mainly because of the lack of cogent evidence. Nevertheless, this is not going to happen in your case. This is exactly why we have gathered and listed some of the most common mistakes to avoid when filing your personal injury case.
Not Seeking Or Waiting To Get Medical Treatment
This is the most common mistake made by the personal injury claim victims. Immediate medical care should be one’s foremost priority. People usually hesitate to seek medical attention owing to their careless behavior which not only weakens their case but it can turn into a serious deadly injury as well. Some people don’t prefer to visit a doctor because the injury might not look as serious and the other half of them prefer waiting for the right time to seek medical care.
So the victims are recommended to seek medical treatment immediately following the accident. The failure to provide medical reports as evidence to the court can make your case more difficult since the opponents or jury can bring up the counterargument that the injury can be the result of any other accident. They can also claim that if the injury was dangerous to one’s life, he should have sought medical care without any second thought. To avoid getting into such situations and bringing an authentic case to the table, you must rush toward getting immediate medical treatment.
Failing To Collect Enough Evidence
Cogent evidence is your only weapon to prove your innocence to the judge in the court. Therefore, the best approach is to gather the evidence then and there. Capture the damages to your property or yourself. Talk to the witnesses and try to secure their contacts as well as keep a record of any medical documents received by the hospital. Collecting and maintaining this evidence can help you and your lawyer to support your claims even better.
Giving Your Statement in the Absence of Legal Counsel
You have to be very vigilant when answering the insurance companies. The insurance companies try to record your statement as soon as they can. This can be their tactic to frame you wrongly and make it look like you are at fault. They can convince you or the jury otherwise. This is an important point to remember, never give any sort of recorded statement to the insurance companies without an agreement with your personal injury attorney. The attorney has experience in dealing with such cases smartly without letting the opponents take advantage of the victim’s vulnerable position.
Accepting a Settlement without informing Your Attorney
Never settle for less. This is what usually people do. The insurance companies tend to make use of the injured party by presenting them with settlement offers shortly after the incident. Keep yourself in this position and you will see yourself getting into the settlement’s traps too. Although it seems an easier path to follow, mind you, the insurance companies are not working to benefit you. Rather, they will always propose an offer that will not be worthy enough to compensate for the damages you confront. Considering it, you should avoid accepting any kind of settlement without legal representation and confirming it with your attorney.
Not Filing Your Claim on Time
Have you heard about the statute of limitation? This is the time given to the victims to file their complaint or they will lose their right to seek any compensation from the jury. For example, in New York, you have a 3-year limit to file your case according to the statute of limitation. That is why, do not wait too long to file your claim otherwise you might lose the chance to recover what you lost.
Updating Your Social Media Accounts About your Accident
Often people are in a hurry to inform their friends, family, and followers about the mishap they went through. Despite your efforts to make your case as strong as you can, your social media presence can ruin the entire case. For instance, you got into a serious car crash harming you and your car, both. But you made the mistake of uploading a status to update your followers and you keep on posting things on social media following your incident. This will be a golden chance for the defense party to raise the claim that you were perfectly healthy being able to post and enjoy events after the accident. It is the best choice to avoid social media till you get your rightful compensation.
Concluding Remarks
If you ever get involved in an incident where you want to file a personal injury claim, you should adhere to all the guidelines mentioned above. A reliable and expert Aventura personal injury lawyer is all you need to represent you in court and resolve your case bringing promising outcomes for you.