Filing a Personal Injury Claim? 5 Common Mistakes to Avoid

  • Personal Injury
April 18, 2022

Accidents happen in life. When they do, sometimes people get hurt or lose their life. And when another party is believed to be responsible for the accident, the affected party can file a personal injury claim for damages.

Personal injury cases can quickly get complicated, and if you’re considering filing a claim, we have some advice for handling it appropriately. Otherwise, it could have a huge impact on your case.

There are several mistakes we typically see people make. Here are the top five to avoid:

1. Not Hiring an Attorney

Dealing with a personal injury claim can be overwhelming, especially when you’re also injured or suffering emotional pain over a wrongful death. Hiring an attorney can take that burden off your shoulders.

Aside from the stress, hiring a personal injury attorney can help shield you from insurance companies that may not have your best interest in mind. They’ll have lawyers on their side who will want you to settle the case for as little as possible or prevent you from receiving any money. Having an attorney on your side who understands the real value and full extent of your claim, and will fight for you, can ensure you get fairly compensated.

An attorney will also understand how to prove legal fault and liability. They’ll identify the responsible party or parties, gather evidence, and perform a detailed investigation on your behalf.

You can hire a personal injury attorney with no money out of pocket. At Jorgensen, Brownell & Pepin, P.C., we accept personal injury cases on a contingency fee basis. You are only responsible for paying us if we win your case, and our fee will come out of the money awarded to you.

2. Talking About Your Claim With Others

It can be tempting to talk to your family, friends, and even those on the other side of the fence who might be potential defendants or even post information on social media. It’s a mistake that many people make, and it can easily sabotage a personal injury case.

Even something as seemingly innocent as being polite and apologizing (for something that’s not your fault) can be used as evidence of guilt.

If someone approaches you asking questions or wants to talk about the incident, the easiest way to defer a conversation is to refer them to your attorney.

3. Not Documenting Evidence

The more evidence you can document, the better. Call the police if warranted so they can file a police report. Get witness contact information if you can. Take photos of everything and ask for copies of any photos others have taken. All of this can be included in your claim and can help your case.

4. Suffering in Silence

When an injury accident occurs, there’s a tendency to focus on the immediate injuries, like broken bones, for example. You might receive treatment for them and include that in your claim, but never mention ongoing issues that crop up afterward.

It’s important that you visit a healthcare provider and have them document all your medical issues (and mental ones, too) following an accident to be properly compensated.

5. Being Quick to Settle

A lawsuit can take a long time to play out, and it can be tempting to settle a case quickly. And sometimes, the need for money to pay for basic necessities or medical care can sway a person into settling. This is what defense attorneys want you to do. They’re looking to settle for a much lower amount than what you could be compensated. For example, you might end up with $100,000 when your claim is actually worth over a million dollars.

When You Need Representation

At Jorgensen, Brownell & Pepin, P.C, we work hard to achieve the best possible outcome in each personal injury case we handle, no matter what it takes. Contact us to discuss your claim.

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Get JBP Legal’s experience on your side. Contact us for questions or a consultation.