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4 Common Mistakes to Avoid in a Personal Injury Case

Oct 25, 2022

Though we all make mistakes, avoid them in your personal injury case at all costs, as they could negatively affect your compensation. Most personal injury victims make mistakes due to a lack of knowledge about the process and failure to involve experts. Below are some common mistakes that you should avoid in your injury case.

1. Forgoing an Attorney

Some personal injury victims avoid hiring an attorney to represent them because they believe that litigation is not affordable. While you can proceed without the help of an attorney, your chances of receiving maximum compensation are minimal due to your lack of legal knowledge and negotiation skills.

If you lack an experienced personal injury to guide you through the process, you may fall into the traps of insurance adjusters or fail to collect enough evidence for your case. However, if you hire an experienced attorney, they can help you follow the right procedures and thus avoid mistakes that can jeopardize your settlement. An attorney also uses their knowledge and experience to help you build a watertight case.

Also, most personal injury attorneys work on contingency. This arrangement does not require the client to pay any legal fees upfront but to pay the attorney a percentage of the settlement amount if they win the case. Therefore, you don't pay the attorney if you lose the case.

2. Filing Late

Timing is crucial when filing a personal injury claim. Never file near the deadline claim, but also avoid filing too early. The optimal filing time for your personal injury claim depends on your state's statutes of limitations for personal injury cases.

However, before you file a personal injury claim, finish your medical treatment and assess all your damages. You should also not rush to file a personal injury claim without the evidence required to support your claim.

3. Accepting the First Settlement Offer

Insurance adjusters almost always start with a low offer to see if you know the worth of your case. The adjusters also expect you to negotiate for a higher settlement based on your ability to prove that your injury led to damages.

So, even if the first offer seems reasonable, you can still raise the amount if you have the right negotiation skills and evidence to back your claim. While you should not remain rigid, only accept a figure close to the minimum settlement figure you have in mind. Your attorney can help you calculate this figure by combining all your damages.

You can proceed to litigation if all the settlement offers are too low.

4. Delaying Medical Help

The first thing you should do after you sustain injuries in an accident is to see a doctor. Since you need proof when you seek compensation, your doctor's report and other medical documents are crucial for your case.

If you delay or avoid seeing a doctor after an accident, you may lack the documents required to support your case, and the insurance company might use that against you by claiming that your injury was not serious. You may also experience difficulties proving the accident caused your injuries t if you didn't seek medical attention immediately.

While you can file a claim to seek compensation for your injuries after an accident, you must ensure that you have a strong case before you file a claim. Avoid the mistakes above to ensure a maximum settlement for your injuries. All the mistakes above are avoidable if you involve legal professionals throughout the process.

At Smith Morgan LLP, we work hard to ensure our clients get the compensation they deserve. Contact us today for a free consultation.

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