Common Mistakes to Avoid in Your Personal Injury Claim

April 11, 2023 – Adam Mann

If you’ve been injured due to someone else’s negligence or recklessness, you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering. However, pursuing a personal injury claim can be complicated, and many mistakes can jeopardize your chances of receiving fair compensation.

Read on as the experts from Cohen and Cohen Law discuss the ten most common mistakes people make when filing a personal injury claim.

To ensure you make all the right decisions when filing a personal injury claim, avoid these missteps and consult an experienced personal injury lawyer in Fort Lauderdale.

Mistake #1: Failing to Seek Medical Attention

The first and most important step after an injury is to seek medical attention.

Even if you feel like your injuries are minor, it’s essential to get checked out by a medical professional to ensure that you don’t have any underlying injuries that could become more serious over time.

Additionally, failing to seek medical attention can be used against you by the other party’s insurance company, who may argue that your injuries aren’t as serious as you claim.

Mistake #2: Waiting Too Long to File a Claim

In most cases, a statute of limitations exists for filing a personal injury claim. That means there is a deadline by which you must file your claim, or else you will lose your right to pursue compensation.

The specific deadline varies depending on the state and the type of claim, but it’s generally best to file your claim as soon as possible after the injury occurs.

Mistake #3: Giving a Recorded Statement Without an Attorney Present

Insurance companies often ask you to provide a recorded statement about the accident and your injuries.

While it’s important to cooperate with the insurance company, it’s crucial to have an attorney present before giving any recorded statements.

Remember, the insurance company will look for ways to minimize their liability and may use your statement against you later in the claims process.

Mistake #4: Signing a Settlement Agreement Too Early

Insurance companies love to offer a quick settlement to resolve the case quickly and cheaply. However, these initial settlement offers are often far lower than what you’re entitled to, and accepting the offer may waive your right to pursue further compensation.

It’s crucial, therefore, to consult with an attorney before accepting any settlement offers to ensure that you’re receiving fair compensation for your injuries.

Mistake #5: Posting About Your Case on Social Media

It’s common for people to use social media to document their lives and share updates with friends and family. However, posting about your personal injury case on social media can be a big mistake.

Insurance companies and defense attorneys may monitor your social media accounts for information that could be used against you in court. Even innocuous posts, like pictures of you participating in everyday activities with your family, could be used to argue that your injuries aren’t as serious as you claim.

Mistake #6: Not Keeping Track of Your Medical Expenses and Losses

You must provide evidence of your medical expenses, lost wages, and other losses to receive compensation for your injuries. Therefore, keeping track of all your medical bills, receipts, and other costs related to your injury is vital.

Additionally, you should record any time away from work due to your injury.

Mistake #7: Failing to Gather Evidence and Witness Statements

Evidence such as photos of the scene of the accident, police reports, and witness statements can be crucial in proving fault and damages in a personal injury claim.

That is why it is important to gather this evidence as soon as possible after the accident before memories fade or evidence is lost.

If you cannot gather evidence due to your injury, ask a family member or trusted friend to do so on your behalf. This evidence will be vital to the success of your claim.

Mistake #8: Being Untruthful or Failing to be Transparent

Personal injury victims must be honest and transparent about their injuries and claims.

Exaggerating your injuries or losses, or hiding pre-existing conditions, can seriously damage your credibility and weaken your case.

That is why it is important to be upfront about your medical history and accurately report the extent of your injuries and losses.

Mistake #9: Being Impatient or Passive About Your Claim

It is important to be patient yet persistent throughout the claims process.

Personal injury claims can take months or even years to resolve, and staying focused and committed to pursuing fair compensation for your injuries is essential.

A personal injury claim may involve negotiations with insurance companies or going to trial, but with the help of an experienced personal injury attorney, you can fight for your legal rights and get the compensation you deserve.

Mistake #10: Failing to Hire an Experienced Personal Injury Attorney

Navigating the legal system can be complicated and overwhelming, especially when dealing with injuries and medical bills.

An experienced personal injury lawyer in Fort Lauderdale can help you understand your rights and options, negotiate with insurance companies, and build a strong case on your behalf.

While it’s possible to pursue a personal injury claim on your own, having an attorney by your side can significantly increase your chances of receiving fair compensation for your injuries.

A Personal Injury Law Firm in Fort Lauderdale, FL, Can Help

The experienced personal injury lawyers at Cohen and Cohen Law specialize in all personal injury incidents, from car accidents and medical malpractice cases to workplace injuries and slips and falls. Our knowledgeable team of legal experts can fight for your rights and will seek the financial compensation you deserve.

If you need a personal injury lawyer in Fort Lauderdale, FL, look no further than Cohen and Cohen.

For over 50 years, Cohen and Cohen Law has helped thousands of personal injury victims across South Florida. If you or someone you love has sustained injuries due to another party’s negligent or reckless actions, you must speak to an expert.

Call Cohen and Cohen toll-free at (800) 33-COHEN. We’re here for you.

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