Each year, there are nearly 30 million emergency room visits as a result of unintentional injury.
If you've been injured in an accident, there's a chance you're entitled to compensation. Unfortunately, there are mistakes you can make that can ruin your chance of winning your case.
These must be avoided at all costs.
Not sure where to start? Don't worry, we got you covered.
Let's take a look at everything you need to know about mistakes that can affect your personal injury claim.
1. Talking Too Much About Your Case
This is one of the most notorious mistakes that injured claimants make.
Unless it's an attorney you hired or a representative from your insurance company, anyone who asks about details of the incident is looking for ways to invalidate your claim.
For example, let's say you were injured at a convenient store in a traditional slip-and-fall case. Days later, you receive a phone call from the other party's insurance adjuster.
Since they sound friendly and their questions seem harmless, you talk to them for a while before hanging up. Without realizing, you admit that you were looking down at your phone and texting before your injury happened.
This information is then used against you in court.
So, as a rule of thumb, don't talk to anyone about your case unless you're aware of their intentions and can trust them.
2. Not Properly Documenting Your Injuries
You may have a hard time proving the extent of your injuries if you don't have any proof of them.
If your injuries are visible, take pictures as soon as you can. Videos are also a viable option and can be used to offer seamless evidence of all your injuries.
If your health complications are internal, however, then you'll need proper medical records in order to prove your condition.
Information in medical records can include:
X-rays and other imaging
Prescriptions required for medication
Diagnoses from a medical professional
Dates and times of consultation
So, make sure to keep proper track of all of your injuries (both internal and external) in order to give your case the best chance of success.
3. Not Preserving Evidence
As with medical records, evidence of the incident is vital if you plan on receiving the compensation you're entitled to.
Once you take pictures or videos of the incident, email them to yourself so that you can access them if there's an issue with your phone in the future. If you already have an attorney, you can email the evidence to them, as well.
If you're able to take photos of the scene at the time of the incident, take all the pictures you can. If the incident left you unconscious (or broke your phone), you can request surveillance footage from nearby businesses.
Evidence is worth nothing if you don't have it readily available, so do all that you can to make sure you and your attorney have access.
4. Overusing Social Media
This is another common pitfall people find themselves encountering during their personal injury case.
Let's take a look at a brief scenario.
David was injured in a grocery store after slipping and falling on the tile. Since there was no caution sign visible at the scene, he was unaware the floor was wet. So, he decides to seek compensation.
A couple of weeks later, David posts a picture of him and his girlfriend on a hike with the caption "love to love you." Although the photo was taken months before the incident, it gives off the impression he's not as injured as he initially claimed.
This evidence is then used against him in court to dispute his claim that he is owed compensation for his injuries.
David's key mistake here was that he forgot he was under investigation due to his ongoing case.
There are professionals hired to check the validity of David's claim, they're looking for any information they can use in order to defend themselves in court.
As a rule of thumb, it's best to refrain from posting content on social media until your case is resolved. Even a brief interaction with someone where you post "I've been well, how are you?" can be used as legal ammunition against you.
5. Signing Documents Without a Lawyer Present
There is no reason you should sign anything related to your case without a lawyer present. This is especially true if you are contacted by a third party or an insurance adjuster from the entity you're filing a claim against.
For example, let's assume the form you're requested to sign is formatted as a non-disclosure agreement stating you can't discuss any details of the subsequent conversation with anyone else.
However, there's fine print that allows the other party's insurance company to access your medical records and see exactly all the details of your hospital visit.
As you may be able to assume, the other party will then attempt to downplay your injuries and use this information to boost their defense against your claim.
They may even go as far as to deny responsibility and say your injuries are inconsistent with the incident that occurred.
So, before you sign anything related to your case, contact your lawyer.
Handling Your Personal Injury Claim Can Seem Difficult
But it doesn't have to be.
With the above information about personal injury claim mistakes in mind, you'll be well on your way to avoiding any trouble and giving yourself the best chance of success.
Have you suffered from an industrial accident and don't know where to go from here? This article has plenty of useful info.
