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9 Most Common Reasons People Lose Personal Injury Claims

Personal injury claims resulting from various accidents leading to injuries require careful handling to ensure you get the compensation you deserve.

These claims can arise from just about anything, not just car accidents and slips and falls, and even include medical malpractice. Therefore, you must avoid making the most common mistakes to ensure fair compensation for your medical injuries, other expenses incurred, loss of wages, pain and suffering, permanent loss of income, etc.

1.      Not Getting Legal Representation

Getting compensation is usually not easy. A personal injury lawyer will help you circumvent pitfalls that can result in the avoidance of payment by the negligent party and their insurer. The right time to speak to a personal injury lawyer is straight after the mishap or as soon as possible.

A personal injury lawyer can lead you through everything from the strict deadlines courts maintain and advise you on the proper settlement amount for your injuries. Their job is to negotiate skillfully with the relevant parties and ensure you present all the correct paperwork.

Therefore, don’t avoid getting legal representation and don’t wait too long.

2.      Incorrect Handling of Your Injuries

You must seek medical attention immediately and keep a record of all your injuries and expenses from the accident. However, avoid exaggerating your injuries to get a more considerable compensation because someone will most likely catch on to your dishonesty. The result will lead to mistrust about everything you say,  a drawn-out case that may lead to no compensation.

3.      Inappropriate Response to Contributory Negligence

If you were somewhat responsible for the incident that caused your injuries, it is known as contributory negligence. In this case, the amount you can claim for your loss is smaller or even nothing.

Fighting a case where you stand accused of contributory negligence is not easy. You need to know how to respond appropriately to ensure fair compensation.

4.      Social Media Can Harm Your Claim

Many personal injury claims fall short of compensation because of social media. Avoid sharing anything about the accident or your injuries with your family and friends on social media platforms. Other people can also use this social media information against you as evidence in court to prove you are exaggerating an injury. Additionally, sharing anything about your case can lead to the other side knowing about the legal strategy you will use.

5.      Not Keeping Documentation

All documents about your personal injury claim are essential to proving your case. Therefore, keep records of the time and place, witnesses and their contact details, and the person who caused the accident.

Furthermore, keep the police report, any photographs, all your medical records, and payments for treatments. Also, keep a record of other expenses and a pain and suffering journal. Your attorney can build your case based on these records.

6.      Don’t Minimize Issues

Under the law, you deserve total compensation, so don’t minimize your injuries if you want to avoid reduced payment. Likewise, don’t try to prove resilience to avoid conflict, hoping for a faster resolution. Personal injury lawyers have the experience to ensure fair compensation for more than just your injuries. They will also include payment for other things, including your pain and suffering and even your inability to work, temporary or permanent.

7.      Avoid Making Misstatements or Speculation

Never be tempted to give a speculative answer to any questions. If you don’t know the answer, say so. During negotiations and court hearings, the other party’s legal team may try to get you to speculate, creating a reason to negate your claim. Decline to comment, and let your lawyer do the talking.

8.      Unpreparedness Affects Your Case

Preparation is vital to your case. Know where each step leads, including court appearances, and arrive prepared with the appropriate answers and documentation.

A personal injury attorney’s job is to prepare you for all eventualities, giving you the confidence to say the correct thing at the right time.

9.      Inaccuracies and Hiding Details

Tell your lawyer everything about you in preparation for the case because an accurate representation ensures a better outcome. Don’t let your lawyer get caught off-guard by a question about a past accident or injuries.

Personal injury damages often require compensation for lost wages. However, getting a fair amount based on a tax return with understated earnings is more challenging, so make sure yours reflects your actual earnings.

Final Thoughts

Getting legal representation and working together with your lawyer is the best way to ensure you get fair compensation for your injuries. Give truthful input, and jointly you can safeguard a successful result.