Mistakes To Avoid In A Personal Injury Claim

When dealing with a personal injury claim, it is easy to make costly mistakes. To avoid the risk of not receiving full compensation for injuries sustained in a car accident or at work, we point out the most common mistakes people make when dealing with insurance companies and how to rectify them before it is too late. But before that, we are also adding some information you may want to know regarding your personal injury claim.

Factors That Impact the Value of a Claim

Several factors can impact the value of a personal injury claim, including:

1. Severity of Injuries: The severity of the injuries is a crucial factor in determining the value of a personal injury claim. The compensation amount is likely higher if the injuries are severe and permanent.
2. Medical Expenses: Medical expenses incurred due to the injury are another essential factor in determining the value of a personal injury claim. That includes all medical bills, such as hospitalization, surgery, therapy, and medication costs.
3. Lost Income: If the injury causes the victim to miss work, they may be entitled to compensation for lost wages or income. That may include future lost wages if the injury is long-term or permanent.
4. Pain and Suffering: Pain and suffering, both physical and emotional, are also considered in determining the value of a personal injury claim. That may include the physical pain and emotional trauma associated with the injury.
5. Liability: When determining the value of a personal injury claim, the evaluator also considers the responsible party's degree of fault or liability. The compensation amount may be higher if the responsible party is fully liable for the injuries.
6. Insurance Coverage: The amount of insurance coverage available can also affect the value of a personal injury claim. The compensation amount may be higher if the responsible party has high insurance coverage.
7. Jurisdiction: The laws and legal precedents of the jurisdiction where the injury occurred can also impact the value of a personal injury claim. Caps on damages that can be awarded exist in some jurisdictions but not others.

It's important to note that each personal injury case is unique, and the value of a claim will depend on the case's specific circumstances.

Types of Damages That Can Be Claimed

In a personal injury case, there are generally two types of damages that can be claimed: 

1. Economic Damages:These are quantifiable damages with a specific monetary value. They include:
   • Medical expenses: This includes all medical bills, such as hospitalization, surgery, therapy, and medication costs.
   • Lost wages: If the injury causes the victim to miss work, they may be entitled to compensation for lost wages or income. It may include future lost wages if the injury is long-term or permanent.
   • Property damage: If the injury involves damage to the victim's property, such as a car accident, they may be entitled to compensation for the cost of repairs or replacement.
   • Other out-of-pocket expenses include any other expenses related to the injury, such as transportation costs to medical appointments or hiring someone to help with household chores while the victim recovers.
2. Non-Economic Damages: These damages are not quantifiable and do not have a specific monetary value. They include:
   • Pain and suffering include the physical and emotional trauma associated with the injury.
   • Emotional distress includes any emotional suffering, such as anxiety or depression, that directly results from the injury.
   • Loss of consortium refers to the loss of companionship or intimacy with a spouse or partner due to the injury.
   • Loss of enjoyment of life: If the injury prevents the victim from engaging in activities they enjoy, such as sports or hobbies, they may be entitled to compensation for the loss of life.

The circumstances of the case and the laws of the jurisdiction in which the injury occurred determine the specific damages that can be claimed, and it is essential to note this.

Mistakes To Avoid In A Personal Injury Claim

Here is the list of mistakes people make when dealing with insurance companies.

Failing to Get a Medical Examination Right Away

Seeing your doctor as soon as possible after a personal injury accident is vital, even if you think your injuries are minor or there are no apparent symptoms. Seeking medical care when your injuries are serious is obvious, but sometimes symptoms from hidden injuries don't appear until much later. Getting medical attention will provide the necessary documentation to link your injuries to the accident if symptoms appear later. It can also save your life! An authoritative medical statement from a qualified medical practitioner is invaluable when preserving your right to file for an insurance claim.

Admitting Fault

Immediately after an accident, people need clarification about the exact circumstances before the incident. Even if you think you may have contributed to the accident, it is imperative not to admit fault. It is important not to agree with other parties involved that you may have done something wrong or, when police authorities arrive, admit that you may have had some fault in causing the accident. Even though your speculation may not be correct, saying so could be taken as evidence and eventually used against you in a court case.

Failing to Collect Evidence 

To recover compensation for personal injury, as the claimant, it is your job to prove negligence by the other parties involved. The more evidence you collect directly after the accident, the better your chances of receiving a favorable outcome. Take pictures or video of the accident scene and collect contact information from bystanders who witnessed the accident. Keep a journal of the events with details of your injuries, record your symptoms daily, and keep track of all your expenses related to the accident. Proof of the exact amount incurred due to the accident is essential to negotiate a personal injury lawsuit successfully.

Talking to a Representative From the At-Fault Party's Insurance Company

It is the job of an insurance company to get as much information as possible from you. They can use this information to spin the facts so that it looks like you are responsible for the accident. Their tactics include asking you misleading questions about the accident, looking for inconsistencies in your account of what happened, and suggesting that you may be exaggerating your injuries or losses. Suppose you must be more careful, and the at-fault party's insurance company succeeds. In that case, they can use it against you to significantly reduce your compensation or even avoid paying your claim.

Accepting an Initial Settlement Offer

If there is evidence of fault on the part of their client, the insurance company will most likely prepare a settlement offer within a short period after the accident. The letter will require you to sign and return it. However, allowing an attorney to review the contents before doing anything is essential. When insurance companies realize that there is evidence that their client is at fault, they often hasten to settle any personal injury claims as quickly as possible and for as little as possible.

The minute you sign the form, known as a Release of Liability Form, you relinquish your right to sue the other party for compensation. Settling prematurely before you know the full extent of your injuries will prevent you from claiming the full compensation you are entitled to by law.

Letting the statute of limitations expire.

The victim must make a personal injury claim within two years of the accident's date. You will not be able to receive any compensation regarding personal injuries or property damage caused by the accident after two years have passed.

Attempting to manage your case alone

There is still hope if you need clarification about how the personal injury system works or are concerned that you have already committed some of the typical errors mentioned above. You must immediately contact a qualified personal injury lawyer to assist you in obtaining the compensation you are entitled to.

Not Hiring a Personal Injury Attorney

Dealing with representatives from insurance companies can be overwhelming, especially when you have just been in a car accident or injured at work. In these circumstances, it is easy to be misled and make mistakes that could adversely affect your personal injury claim. These claims are often too complex for the average person to negotiate, so it is essential to have an experienced legal professional with a thorough understanding of the intricate laws involved in personal injury matters to represent you. Experienced experts in personal injury law know how to avoid insurance company traps and prepare a personal injury claim that will significantly impact the total compensation you can recover.

Tips for avoiding mistakes

Here are some tips for avoiding mistakes in a personal injury claim:

1. Seek Medical Attention: If you have sustained an injury, it is crucial to seek medical attention immediately. It is vital for your health and can also provide documentation of your injuries that can support your claim.
2. Document the incident: If possible, take photos and gather contact information from any witnesses. Also, record any expenses related to the incident, such as medical bills or repairs.
3. Don't Admit Fault: Even if you think you may have contributed to the incident, it's essential not to admit fault. Let the investigation determine who was at fault.
4. Be Careful of What You Say: Avoid discussing the incident with anyone except your lawyer. Also, be careful what you say on social media, as insurance adjusters may use your posts against you.
5. Don't Accept the First Offer: Insurance companies may settle quickly and for a low amount. Only accept the first offer after consulting with a lawyer first.
6. Follow Medical Advice: Following your doctor's orders is essential if you're undergoing treatment for your injuries. Please do so to avoid being used against you in court.
7. Understand the Statute of Limitations: Each state has a statute of limitations that sets a deadline for filing a personal injury claim. Understanding the statute of limitations in your state and filing your claim before the deadline expires is essential.
8. Hire an Experienced Personal Injury Lawyer: Personal injury law is complex, and hiring an experienced lawyer can help ensure your rights are protected and you receive the compensation you deserve.

Remember, every personal injury case is unique, and it's essential to consult with a lawyer who can provide personalized advice based on your specific circumstances.

If you have a legitimate personal injury case, contact one of our San Juan Capistrano, CA, personal injury attorneys at Cefali & Cefali to help you receive the compensation you deserve.

If you have a legitimate personal injury case, contact one of our San Juan Capistrano, CA, personal injury attorneys at Cefali & Cefali to help you receive the compensation you deserve.

For more information on how https://callcefali.com/ can help you with your Personal Injury claim, please contact us at (877) 423-3254, or visit us here:

Cefali & Cefali, APC

27130 Paseo Espada Bldg. B, Ste 521, San Juan Capistrano, CA 92675, United States

(877) 423-3254

San Juan Capistrano Personal Injury Lawyer