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How to Avoid Common Mistakes in Personal Injury Cases


There are so many things to consider when you are navigating the challenges after a personal injury occurs. Not only are you focused on recovery and juggling doctor’s appointments and rehabilitation, but a lot of paperwork can be involved when you are seeking compensation for personal injury cases.

The goal is to receive the compensation you deserve from the party at fault. For example, you might be able to ask for money to cover your medical bills, lost wages, and additional compensation for pain and suffering.

But there are common mistakes you must avoid when filing personal injury claims. The reality is that the insurance companies are working hard to minimize the amount of money they need to pay. If mistakes are made, then it could result in lower compensation. Or, the case might be dismissed if you don’t have enough evidence to prove liability.

The best thing you can do is hire an experienced legal team. Our personal injury lawyers are here to help you avoid these common injury case mistakes. We help you navigate this legal process with ease, increasing the likelihood that you will receive fair compensation.

The Most Common Legal Mistakes in Injury Cases

The things that you do after a personal injury occurs will have an undeniable impact on the overall outcome of your claim. Talk to your attorney as soon as possible so they can help you avoid some of these common injury case mistakes:

  • Not Seeking Medical Attention: Even if your injuries seem minor, you should still seek medical attention as soon as possible. Not only do you need a diagnosis and necessary treatments to minimize the long-term consequences, but these medical visits help to build the evidence that proves your injuries. Our legal team will use your medical records for building your case.
  • Not Enough Documentation: You need to prove the circumstances of the accident and how these issues resulted in your injuries. Various types of documentation can be included in your case, including photos, police reports, and witness statements. Having insufficient documentation can hurt your case.
  • Talking to the Insurance Company: Of course it’s necessary to maintain communication with the insurance company. But it’s a mistake to talk to the insurance adjuster directly without consulting with your attorney. Adjusters will try to use your statements against you in order to minimize your payouts. Your personal injury attorney will be able to help you manage the conversation to avoid these issues.
  • Settling Too Quickly: Never accept the first settlement offer that comes through. Often, these early offers are designed to close the case as quickly as possible, to reduce the overall costs. The insurance company wants to finalize the settlement before the long-term medical and financial impacts are understood. Your lawyer can help with negotiations, which is why it usually doesn’t make sense to accept the first offer.
  • Choosing the Wrong Attorney: Not only do you need to hire an attorney that you can trust, but make sure you are working with someone who has experience with other cases that are similar to yours. An experienced lawyer will bring the best legal strategy to help you get the compensation you deserve. Choose a lawyer who has a strong track record with other similar cases.

Immediate Steps: Do These Things After an Injury

The first things you do after an accident will have an impact on the success of your personal injury claims. Start by seeking medical attention immediately. Go to the hospital and meet with specialists if necessary. Your doctors will be able to offer recommendations for your evaluations and treatments. Remember that your health and safety are the highest priorities.

Always follow the doctor’s orders regarding treatments, medications, recovery, therapy, and more. If you don’t follow the medical advice, then the insurance company might try to argue that your injuries were minor.

Also, make sure to report the incident. Depending on the type of personal injury, you will need to file a police report, notify employers, or share documentation with the property owners. Keep records of all reports and communication because this information might be needed in the future for your personal injury case.

Maintain privacy during this time. Even though you might want to share information with your family and friends, you should keep the details of the accident and injuries off of social media. In fact, you should stop posting on social media altogether. The insurance company will likely research your social media posts and use them against you. Even something as simple as a photo of you looking happy during your recovery time could have a negative impact on your personal injury claims. So, it’s better to post nothing at all during this time.

FAQs About Personal Injury Cases

What are the most common mistakes in personal injury cases?

We see several common legal mistakes in personal injury, including insufficient or delayed medical treatments, not enough documentation to prove liability of the severity of your injuries, or accepting a settlement too soon.

How can I avoid making errors in my injury claim?

Most injured victims don’t understand the legal process, so they make mistakes if they try to handle their claims without legal representation. The best thing that you can do to avoid these errors is by hiring a lawyer who has experience with other similar personal injury claims. You need legal advice to optimize the outcome of your personal injury claims.

Should I talk to the insurance company without a lawyer?

No, never speak to the insurance company or send written statements without first consulting with your personal injury lawyer.

Legal Services for Personal Injury Cases

You deserve the best legal representation during this challenging time. If you or a loved one has been injured in an accident, then reach out to our experienced team as soon as possible. We offer full-service legal solutions and professional guidance every step of the way, helping to maximize the outcome of your claim.

Call us at Wormington & Bollinger. You can schedule a no-obligation consultation at your convenience. Contact us today.