In one year, 30 million injuries were reported in America alone. They are rarely anticipated and can impact one’s health, family, work and finances.
Making a personal injury claim against another person or company may be unchartered territory for many, and it is full of pitfalls and minefields. There are things to definitely do and things to avoid when an injury has been sustained. This article goes through some of the mistakes people make during the process.
Not having a personal injury lawyer
One is strongly recommended to have a lawyer if two parties are arguing over who is liable, or if the compensation sought exceeds $10,000. Insurance companies are running a business so they don’t like paying out. They often prefer to deal with the injured person rather than a lawyer. That’s because the general public are usually untrained and unprepared. Truitt Law Offices recommend having an aggressive representative who is experienced enough to be able to support their client. It was helpful to learn that many have a no win no fee’ arrangement. This means they are unlikely to take on a client who does not have a strong case. They also have access to legal animation services so they can use the legal animation of the incident to make your case strong.
Different lawyers have different experiences and specialities, so it’s important to choose one who knows your situation. Once the representative has been selected, they are being paid to deal with the other parties on the injured party’s behalf. It is therefore important to not deal with the other parties direct, much less sign anything, without the lawyer’s consultation. The professionals can be busy people, however, and often process many claims at a time. The public is unwise to not be involved at every stage, checking up on their progress.
Unwise use of social media
There have been many instances of people being off work due to debilitating injuries or illnesses. Sometimes these people have then posted selfies on Facebook, revealing that they are well enough to go on holiday or attend the gym. Others have submitted foolish posts about the injury claim, providing details that the courts and insurance companies can pick up on.
It’s also important to advise friends and relatives not to comment on the legal case on social media. Amazing as it sounds, friend requests can be sent from strangers who act for the other party and are seeking access to your posts. If something unwise has been published online, it’s understandable one would want to delete it. Unfortunately, this would be classed as destroying the evidence.
Ignoring medical advice
If a doctor recommends a course of treatment or the taking of a specific medication to treat the injury, it’s essential that one complies. The same goes for any referrals to see a specialist. For one’s health, for gaining a full diagnosis and recovery, it’s important to agree to it. The legal case can be jeopardized if someone doesn’t.
Not collecting all the evidence
It’s important to take photos at the scene of the incident. Surrounding factors such as light or obstacles to vision are all relevant to personal injury cases. Witness statements and reports from occupational professionals can also support one’s case.
It’s unwise to only obtain a general practitioner’s report on one’s injury. They are not specialists in all areas, which is why a consultant’s report carries more weight in such cases.
Accepting an offer too soon
If the party responsible makes a quick offer, the temptation is to trust their compensation figure and be glad to have closure. In reality, the first offer is likely to be lower than the one requested. If the other party’s lawyers can’t justify why they are offering less, it may well be wise to refuse.
Some people accept lower figures to avoid the possibility of the claim going to court. This may scare them, but there is no jury to worry about, simply a judge. Certain evidence and information only become available once a lawsuit has been filed, so this may create an advantage.
If the injured party is still having ongoing tests and treatment, it can be foolish to accept an offer too soon. It’s once the full diagnosis and implications of the injury are available that the correct compensation amount can be calculated.
In addition to medical fees, emotional trauma and loss of work, there could now be quality of life issues to compensate for. The victim of an accident may need extra medical help at home or be unable to work again.
Other medical issues arising from the accident may take a while to materialise, too, so it’s great having someone more experienced acting for us. If a good choice of a lawyer is made, they can help people negotiate the stormy seas of the claim process. The best outcome can become possible, and hopefully, a fair compensation gained.
I’m a 20-something stay-at-home mother and wife. I have an amazing husband, a beautiful daughter, two loving dogs, and a lazy cat. I wouldn’t change my life for anything! I love to read, listen to music, cook and blog!
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