Let’s explore the common mistakes and errors in personal injury cases with McKay Law in this article. We will show 8 things that you should avoid.
The outcome of your personal injury claim after negligently induced damage depends on the actions you take. Prevent the most frequent errors that put your ability to receive compensation for your physical, psychological, and financial rehabilitation at risk.
Common Mistakes and Errors in Personal Injury Cases
Any kind of physical harm sustained in an accident, no matter how little or severe, can occasionally result in ongoing pain, discomfort, or emotional distress. Obviously, you should receive the maximum amount of compensation, but some errors in personal injury cases could seriously harm your personal injury claim.
1. Leaving the scene of an Accident
File an accident report and get medical attention as soon as possible. Many serious and potentially disabling conditions, such as head, back and neck injuries manifest symptoms days and weeks after the accident.
2. Refusing medical care and failing to keep records
If you wait to seek medical attention for your injuries, you could not be eligible for compensation. Always seek medical assistance immediately or as soon as possible, even if the wound or injury seems to be minor at the time of the incident.
Don’t forget to keep any scheduled follow-up appointments. Finally, because they are essential to your claim, you must save all of your doctor’s reports and medical records.
The defendant’s insurance company may make an offer on your claim right away, but before your medical reports are finished, don’t accept anything because you cannot determine the number of your injuries and their value in the absence of medical documents.
Don’t be fooled by assuming you are not injured. Oftentimes, injuries present themselves days or weeks after an accident. We always examine the eggs inside the carton before we pick our egg carton. External damage is not the key to being able to tell if you are injured. Seek a medical examination to be sure.
3. Failure to notify the appropriate authorities about the accident
Whichever incident resulted in your injuries, you must notify the appropriate authority. For instance, if a car accident occurs, you should call the police; if you slip and fall while exercising, you should notify the gym’s administration. Reporting generates additional proof that your damage was caused by the occurrence, which is important evidence for your injury claim.
Also, a police investigation into an accident can assist in finding additional evidence like the accident’s cause and witnesses, all of which are recorded on a police report to support your case.
4. Not meeting time limits in filing your claim
In civil court matters, there are time limits for filing a claim, referred to as a statute of limitations. In Texas personal injury claims, the statute of limitations is two years from the date of the injury. If you fail to file your claim within that time limit, you will be forfeiting your rights to any current or future compensation. Please do beware of these errors in personal injury cases.
5. Confidence in Insurance Providers
In order to rapidly settle the case, the defendant and your insurance provider will appear sympathetic and pretend to represent your interests. Nonetheless, they will make an effort to persuade you to accept the smallest amount of payment. Also, they approach you in an effort to gain information from you, which frequently leads them to accuse you of causing the incident. Using such strategies, they hope to pay you less than you are due for your damages, losses, and psychological suffering.
If you accept the compensation, you are no longer eligible to file a further personal injury claim for the incident. As a result, you should always consult a lawyer before signing a settlement or speaking with an insurance company representative.
6. Disseminating information about the incident and making unwarranted claims
Make as few statements about the occurrence to everyone as you can, including family, friends, potential defendants, and on social media, starting from the moment of the injury. The less you say, the better because the defendants will hunt for anything they can to use against you as evidence.
You can apologize for something that wasn’t even your fault when speaking to people, which is a widespread problem. Yet, if you make a mistake like this, someone else might try to blame you for the entire accident or at least part of it. As a result, avoid discussing the occurrence with anyone and, if they inquire, direct them to your attorney.
7. Talking About Your Injuries on Social Media
While many of us enjoy keeping in touch with friends and posting on social media, it is important to realize it is one of the first places insurance companies go when investigating claims. A Journal News report on the role of social media in personal injury claims states that online posts, photos, and videos are increasingly being used as evidence to cast doubt on your accident, your injuries, or your character in general. To protect your personal injury claim, your safest bet is to stop posting on your social media accounts until your case is resolved.
8. Failing to Consult an Experienced Personal Injury Car or Truck Accident Attorney
One of the biggest errors in personal injury cases you can make following a personal injury accident is not speaking with a personal injury attorney. A car/truck accident lawyer is an ideal representation to safeguard your interests up until you receive just compensation because of their legal education and training.
A lawyer seeks compensation for additional out-of-pocket expenses, medical costs, lost wages, and psychological stress in addition to the amount of money awarded for your injuries. Avoiding legal fees does not necessarily equate to financial savings because you risk losing out on thousands of dollars in compensation that you are eligible to get but cannot. Also, a lawyer will conduct all negotiations on your behalf and may make sure you never say anything that could be used against you.
There are no stupid questions when it comes to your case; a personal injury attorney is skilled at providing solutions.
Accidental injuries can be extremely damaging, especially if they result in high medical costs and wage loss. You will, however, immediately have a higher chance of receiving the compensation you are entitled to than what the insurance believes you should receive if you stay clear of these eight blunders. T
o ensure the best leverage and avoid errors in personal injury cases, don’t speak to anybody before hiring a personal injury lawyer, and be sure to report the occurrence and collect all relevant medical records.
Texas Personal Injury Claims
The Centers for Disease Control and Prevention (CDC) reports that roughly 31 million people suffer personal injuries each year serious enough to require treatment in hospital emergency rooms, and these types of injuries result in death for as many as 130,000 others. Although these injuries are generally attributed as being accidental in nature, they are often the result of reckless and negligent actions on the part of others.
Under Texas law, those who suffer personal injuries as the result of another’s actions are entitled to damages, which are a form of compensation. Damages you may be entitled to in a Texas personal injury claim include:
- Economic damages, which compensate you for costs such as medical expenses, lost wages, and property damage
- Non-economic damages, which compensate you for pain, suffering, loss of enjoyment in life, and physical disfigurement caused by your injuries
- Exemplary damages, which is an additional dollar amount awarded by the court, meant to punish the at fault party for conduct that was particularly reckless or negligent.
Personal injury cases in which the above types of compensation may be available include car, truck, or motorcycle accidents, pedestrian or bicycling injuries, slips and falls, being struck by or against an object, dog bites and attacks, and product liability claims.
Avoid Errors in Personal Injury Cases – Contact McKay Law Today!
A personal injury specialist should be retained by an injured crash victim to determine if the at-fault parties have adequate insurance. If there is insufficient at-fault insurance, an experienced personal injury lawyer can begin the process of filing an uninsured or underinsured motorist claim.
However, many insurance companies do not treat these claims fairly. Therefore, a skilled personal injury lawyer at McKay Law can help a victim overcome these obstacles, obtain full and fair compensation, and avoid errors in personal injury cases.
If you have been injured in a truck or car accident, you need expert legal advice and a firm with experience to protect your rights and preserve evidence in your case. McKay Law recently won $6mm for a client in a trucking accident by proving wrongful death. If you want the best and a proven and experienced winner in the courtroom. Choose McKay Law.
Our East Texas car accident lawyers can assist you in filing an uninsured driver claim and obtaining appropriate compensation for a variety of car accidents, including rollovers, drunk driving accidents, T-bone collisions, and head-on collisions.