When you have suffered an injury due to the negligence or recklessness of another party, it’s only natural that you want justice. Filing a personal injury claim is one way to seek compensation for the damages and losses you’ve suffered as a result of your injury. However, filing a personal injury claim can be complicated and time-consuming and if not done correctly, you can lose your right to make the claim. To ensure that your case is handled properly and efficiently, it’s important to avoid certain mistakes when filing a personal injury claim.

In this blog post, we will discuss 10 common mistakes people make when filing for a personal injury lawsuit so that you can feel confident in pursuing the compensation you deserve.

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Top Ten Personal Injury Claim Mistakes You Do Not Want to Make

1. Not Hiring a Personal Injury Lawyer: While you can technically file a personal injury claim on your own, it’s best to hire an experienced accident lawyer who can help you navigate the legal process and negotiate with insurance companies. A good personal injury attorney will also ensure that all of the necessary paperwork is completed correctly and that all deadlines are met. Failure to do so can result in you not being able to make a claim.

2. Waiting Too Long to File Claim: It’s important not to wait too long after the incident occurs to file a claim as there are time limits in filing cases. These are called the statute of limitations. Depending on where you live, this time limit could be as little as one year or two years from the date of injury, so it is crucial to begin the claims process immediately. In addition, claims against certain governmental agencies have to be made within 6 months in Indiana so it is vital to hire a personal injury attorney immediately.

3. Not Keeping Accurate Records: If you’re filing a personal injury claim, it’s important to keep accurate records of all medical appointments and related expenses such as travel costs and prescription medications. It’s also worthwhile taking pictures of the accident scene or any visible injuries that may have occurred due to the incident in order to provide evidence for your case.

4. Discussing Your Case with Uninvolved Parties: It is important not to discuss the details of your case with anyone outside of the legal process as this could potentially harm your chances of receiving full and fair compensation for your damages. This includes using social media. Do not post anything on social media during your case, as anything as innocent as a “like” or GPS check-in can be used by the opposing party to try to lower the value of your claim.

5. Neglecting to Gather Evidence: Collecting evidence is an important part of filing a personal injury claim. This includes obtaining witness statements, police reports, medical records, and any other relevant documentation that could prove your case in court. You attorney can do most of this for you but sometimes they need your help.

6. Not Considering All Potential Damages: When filing for an accident claim, it is important to consider all of the damages you may be entitled to receive, including medical expenses, lost wages, pain and suffering and more. It’s also important to keep track of any future losses such as disability-related costs due to the accident as these can be included in your settlement amount as well.

7. Accepting a Quick Settlement Offer: Insurance companies sometimes try to offer a quick settlement shortly after an accident occurs in order to minimize their own losses. However, these offers rarely reflect the true value of your case and can lead to a lower payout than what you are actually entitled to.

8. Not Understanding Your Rights: It is essential to have a clear understanding of your rights as an injured party when making a claim. This may include the right to file a lawsuit, seek compensation from responsible parties, and more depending on your specific situation.

9. Failing to Follow Through with Treatment: To receive maximum compensation for your damages, it’s important that you follow through with recommended treatments prescribed by medical professionals related to your injury as much as possible. Failure to do so could result in discrepancies regarding the severity of your injury that could ultimately affect the outcome of your claim.

10. Not Being Patient: The personal injury claims process can be lengthy and complicated, so it’s important to remain patient throughout the entire process. This may require that you wait for medical evaluations, attend court hearings or mediation sessions, and contact various insurance companies multiple times in order to receive a settlement offer.

Get in Touch With an Experienced Personal Injury Attorney Today

By understanding these common mistakes people make when filing a personal injury claim and taking steps to avoid them, you can feel confident in pursuing the justice and compensation you deserve. If you have any questions about filing a personal injury claim or would like to hire an experienced accident attorney near Indianapolis, don’t hesitate to get in touch with our team here at Craven, Hoover, & Blazek P.C. at your earliest convenience. We are here to guide you through every step of this difficult process so that you can focus on your recovery.

Social Media Vulnerability

Social media can easily sabotage a personal injury lawsuit in quite a few ways. With the exponential rise of various social media portals and websites, such as Instagram, Facebook, Snapchat, Twitter, and similar social media platforms, users are still learning how they affect other aspects of their personal and professional lives. It is important to understand that social media can be used as evidence against individuals, whether in a serious legal matter, or in a personal or private setting.

For example, if an employee calls in sick to work, and then later posts pictures of themselves at a beach party the same day, it is possible for the employer to find out and reprimand them. In another example, a man might tell his wife that he cannot make dinner with her parents because he has to work late, but then checks in on Facebook at the football stadium a few hours later. Well, the same idea can be applied to lawsuits and trial. Social media pictures and posts can sometimes be used as evidence in a court of law.

❶ Posting Subjecting Video Footage or Photos

Videos, pictures, “check ins”, and even blogs can be imperiling in a personal injury case. For instance, if a person is pursuing a slip and fall lawsuit after suffering a broken pelvis, they would be seriously endangering their case if they did something like post a video of themselves walking their dog, or upload a picture of them jumping off a diving board. The opposing insurance company or counsel will surely use posts like these as evidence against an injury compensation claim.

Defense counsel will sometimes even argue that seemingly innocent photos show more than they do. Because posts are only a snapshot in time, they can only arguably show how a person was feeling or what they were doing at a certain time. Postings can create the illusion that a person is physically okay because people usually do not post photos of themselves injured or when they are hurting. It is best not to post anything at all to avoid these potential arguments by defense counsel altogether.

❷ Divulging Confidential Conditions of Settlements

For lawsuits that settle out of court, it is a practice to sometimes require both parties to sign a non-disclosure agreement to prevent either party (or family and friends of each party) to say anything about the opposing party. Disclosing or revealing confidential terms of settlements and trial details can be a breach of contract under such an agreement. Many people do not think about their social media sites as a means of breaking such agreements, but they are. It is vital to refrain from posting anything about a lawsuit or settlement, online or anywhere else.

❸ Making Aggressive or Threatening Statements

It is common for people to express their negative and angry feelings online; however, in a personal injury case, this is a big mistake that can cost a person their settlement. Although it is understandable that if a person is hurting and has been injured and/or is not making a paycheck because they cannot work due to someone else’s negligence that was avoidable that they would be angry, it is best to keep those thoughts and feelings to one’s self. Although online social media posting is legal, it can gravely hurt a victim’s chances of recovering remuneration for their damages in a personal injury accident. It will only guarantee a case going to trial, where such videos, photos, and postings can be used against them in a court of law.

Top Ten Personal Injury Claim Mistakes You Do Not Want to Make

Get in Touch With an Experienced Personal Injury Attorney Today

Continue reading to learn some common social media mistakes accident victims make so that you can avoid jeopardizing your personal injury claim.

Social Media Vulnerability

Here are three common mistakes personal injury claimants make on social media:

❶ Posting Subjecting Video Footage or Photos

❷ Divulging Confidential Conditions of Settlements

❸ Making Aggressive or Threatening Statements

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