(STL.News) It is estimated that nearly 39.5 million people in the United States get medical assistance for physical injuries annually. This figure translates to 126 injury-related treatments per 1,000 people. Exposure to injuries is common and can occur after a car wreck, off-road driving, a workplace accident, or while playing sports.
The statistics help to show the gravity of personal injury in the United States and the significance of appreciating one’s legal rights following any accident, particularly where there is a high likelihood that the damage resulted from another party’s fault.
Mistakes, whether after a crash event or during claims collection procedures, can impact personal injury cases. Problems like failing to obtain medical treatment, calling the police too soon after the incident, providing incriminating information to a third party, posting on social networks, agreeing to a low offer, or missing an important date often weaken a claim and can even reduce awards.
The Law Offices of Erik L. Mullins has listed the 7 common mistakes people make in personal injury claims. By knowing these common errors, individuals can avoid lowering the value of their claims.
Let’s discuss some of these usual mistakes and how to avoid them.
Delaying Medical Treatment After the Injury
This is a common mistake and can cause damage both medically and legally. Two directions simultaneously. Injuries that are not assessed soon enough can deteriorate. Signs and symptoms that may appear relatively mild after 48 hours can indicate a situation that will be far more serious if left untreated.
The insurance adjuster will check the time difference between the incident and when you visited the doctor for medical treatment. A treatment gap of multiple days or weeks will give insurers the opportunity to argue that the injuries incurred are not grave or were not sustained during the accident.
Getting a medical evaluation right away establishes the link between your injury and the incident.
Giving a Recorded Statement to the Other Driver’s Insurance Company
This mistake is often overlooked. After an accident, the at-fault driver’s insurer will typically contact you within 24 to 48 hours and request a recorded statement. The request is framed as routine and helpful, but in reality, it is conducted on behalf of the insurance company’s interest.
The adjuster works for the company that would have to pay your claim. Their goal in obtaining a recorded statement is to establish facts favorable to the insurer. The call might ask questions that suggest you were partially at fault or that your injuries are less severe than claimed.
Inconsistencies with your medical records or police report will affect your claim’s credibility.
Keep in mind that you are not legally obligated to provide a taped statement to the other side’s insurance company but are obligated to cooperate with your insurance company as per your insurance policy agreement. Giving out your identity, contact details, and insurance information is appropriate.
Providing a recorded account of how the incident happened, what you were doing beforehand, and how you feel physically is not something to do without legal guidance. Anything you say is permanent and can be used to limit your recovery.
Settling Before Treatment Is Complete
The most common reason personal injury settlements end up inadequate is that they were negotiated before the full picture of the injury was known.
Cheshire bicycle accident lawyer James G. Williams at Williams, Walsh & O’Connor says one’s settlement should be sufficient to cover your future medical care aside from being able to pay for the current bills. Once a settlement agreement is signed and a release is executed, the claim is closed.
There is no returning to the insurer when a surgery expected to resolve the problem leads to a second procedure or when the treating physician determines the injury has caused permanent limitations affecting earning capacity.
Insurers offer early settlements for a reason. A claim closed before maximum medical improvement is reached and before the long-term prognosis is established is almost always lower than what would have to be offered after thorough and complete medical documentation.
Social Media Activity That Contradicts Your Claimed Injuries
Posting online is not inherently harmful, but a photograph, video, or caption that appears to contradict your account of your injuries becomes evidence of comparative fault or proves that you were only exaggerating your injuries.
In states that apply modified comparative negligence, insurers and defense attorneys investigate how to push your assigned fault percentage past the recovery threshold. Evidence that you overstated your limitations is among the most useful things they can find.
The person who is claiming severe back pain and shows up at a social function to be photographed smiling and standing is not going to prove anything except his/her back pain is not real. This perception might not necessarily be true, but it can provide insurance companies with a baseline for argument.
Images and statuses on the internet are usually accepted, and counsel for the accused people might often ask to see these files during the established period. Private account settings reduce but do not eliminate this exposure, since courts can order disclosure of relevant content.
Additional Mistakes That Reduce Personal Injury Recoveries
Several other avoidable errors consistently surface in claims that settle for less than they should:
- Missing the statute of limitations: All sorts of injury statements are made with very tight deadlines, which mostly range between 1 and 3 years depending on the type of claim and the state concerned. Failing to meet the deadline results in the case not being accepted in court. Exceptions may apply if the claimant has late knowledge of the injury.
- Inconsistent documentation of economic losses: investigations into lost earnings involve employer confirmation, payroll slips, and tax documents. The absence of these documents creates a convenient excuse for a claim refusal.
- Stopping treatment prematurely: It is common to hear arguments and disputes when there have been unmet appointments or terminated therapy on the side of the personal injury victim. Failure to complete a prescribed treatment tends to devalue the compensation for the claim.
- Statements at the scene that suggest fault: apologies or statements like “It wasn’t my fault/I think” are not tantamount to legal admissions, but they are often noted by other occupants and written to the police or insurance, and can make the determination of fault more difficult.
- Failing to preserve physical evidence: Surveillance footage gets overwritten, and vehicles get repaired quickly. A preservation letter sent to a defendant or their insurer creates a legal duty to hold onto it, but only if sent soon enough.
Some categories of accident carry specific evidence problems on top of these general ones. A collision involving a cyclist, for instance, often turns on physical evidence, road position, and witness accounts that disappear within days.
Most Claim Mistakes Are Made Before the Case Is Fully Understood
The window between the incident and the first insurance contact is when mistakes happen. Medical treatment can be delayed, and statements are accidentally given without one’s legal counsel present. Failure to preserve evidence can be another mistake that most people commit. Social media activity continues without accounting for how it will be interpreted. Each of these elements can still be addressed, but collectively, they determine what the claim eventually becomes.
Prompt actions when dealing with personal injuries have a particular level of impact in shaping the final resolution of the case. The timing of making a move is why some claims can be granted a higher settlement amount than others.
