Millions of people are injured in accidents every year, whether at home, at the office, in their car or anywhere outdoors. In most of these situations, someone else is at fault, which means that the victims have the right to be compensated. For this to happen, personal injury claims have to be filed, which can be a tad complicated. Therefore, it doesn’t come as a surprise that people make some common mistakes in personal injury claims. What are they? Listed below are some misconceptions and errors that are often associated with personal injury claims:
Thinking that a jury will be involved in a court hearing
In civil claims such as personal injury claims or clinical negligence claims, if the case goes to trial, it will be conducted in front of a judge and not a jury. Bear in mind that only 1% of these claims actually go to trial and this usually happens if huge amounts are involved or the insurers believe that the claimant is not completely truthful.
Not asking a question because you think it is stupid
People often go around saying that personal injury claims are quite easy so you may not want to ask a question because you think your lawyer will find it stupid. It is wrong to think like this. After all, it is your personal injury claim and you want to know what is going on. Personal injury law is complicated and it is not your job to learn about it. Your lawyer needs to explain it to you so you can ask away.
Assuming personal injury claims are easy
Yes, some personal injury claims such as those pertaining to road accidents might be straightforward, but the complexity of claims can vary. There is a lot of thought that needs to be put in personal injury claims because you never know how the other side will respond to it. Thus, the pros and cons of filing a claim need to be weighed in before a decision is made.
Not keeping key evidence
Evidence can make a huge difference when filing personal injury claims and your failure to keep key evidence can damage your chances of success. When you have an accident, you need to gather evidence from the scene. Think of it like a murder scene and preserve any important evidence that might be useful. Take multiple photos and videos to record everything and also write everything down. Make sure you speak to all witnesses involved because all this evidence can help you in successfully filing personal injury claims.
Settling your claim without getting medical evidence
When you file personal injury claims, in some cases the insurer will respond immediately and offer compensation. Accepting such an offer might not be a good idea because it takes time to assess the value of your claim because you need medical evidence for this purpose. Unless you have made a complete recovery in a matter of days, it is best not to settle immediately.
Assuming all lawyers are the same
When people have personal injury claims to file, they usually use the law firm that’s allocated to them by their insurance company. They do not question whether the law firm is a good one or not and has the right level of experience to handle such matters. This is simply not practical and instead of going with the option provided to you, it is best for you to shop around, take advantage of the internet to do some research, ask important questions and choose a law firm for dealing with your personal injury claims.
Believing you can deal without a lawyer directly
There are cases where insurance companies will try to settle personal injury claims with you directly by stating that lawyers will only complicate things and charge very high legal fees. You shouldn’t believe any of this because the insurance company is not on your side and they will do everything possible to get out of paying a claim. This means they will attempt to use any loopholes they can find. If you don’t have any legal background, you will not be able to identify these flaws and will not be able to get the best possible deal for yourself.
Not keeping records of financial losses
This is one of the most common mistakes that become apparent in personal injury claims. Every time a cost is incurred because of an accident, it should be noted down. All receipts should be kept and a record should be made and shared with the lawyer. Personal injury claims should be considered the same as insurance claims so you have to provide proof of everything and this also includes small costs. No matter how small they are, keep a record and your lawyer will advise you whether they can be claimed or not.
Not sharing all symptoms with medical experts
When your personal injury lawyer sends you to a medical expert, you need to tell them all your symptoms. Medical reports play a vital role in personal injury claims because they document all the injuries you have suffered and your chances of recovering from them. You cannot expect the doctor to ask all questions necessary for obtaining all information about your injuries. If a doctor doesn’t ask you something and you think it is relevant, you need to share it without hesitation. You will not be compensated for any injuries that are not mentioned in your medical report.
Not sharing the mental or psychological aspect
The psychological and mental aspect of injuries can often be the worst part. You may not be able to sleep, suffer from nightmares, and get stressed out by little things and more. Mention these to the medical experts and also discuss them with your personal injury lawyer.
These are some of the things you need to avoid when making personal injury claims to boost your chances of getting compensated for any damages you have suffered.