9 Mistakes to Avoid in a Personal Injury Claim

Personal Injury Claim

Experiencing an accident or personal injury can be overwhelming. Seeking justice and compensation for your damages adds another layer of complexity, and navigating these cases requires caution and discernment to avoid missteps that might jeopardize your claim. So, let’s explore the most common mistakes to avoid in a personal injury claim so you can be well-prepared in the case of an accident.

9 Wrong Moves That Can Harm Personal Injury Cases

1. Delaying Medical Attention

Imagine you're in a car accident. Your adrenaline might mask potential injuries, making you feel like you don’t need medical attention. Neglecting to seek medical help, however, can not only worsen your condition but also weaken your claim. Insurance adjusters could argue that your injuries aren’t that severe if you didn’t seek immediate treatment.

Seeking medical attention promptly after an accident helps document injuries and ensures compliance with legal timelines like Colorado’s statute of limitations, which is two years from the date of the incident for a personal injury claim.

In addition, it’s important to follow your doctor’s orders. If you ignore their treatment advice, an insurance company can use that against you during settlement or court proceedings.

2. Providing a Recorded Statement Without Legal Guidance

After an accident, insurance companies often request recorded statements. Sometimes the at-fault party’s insurance provider may reach out to you or you may contact them first.

Be wary of consenting to recorded conversations with insurance companies. Providing these without legal counsel could be extremely detrimental to your case. Adjusters might use your words against you or twist the context to minimize the value of your personal injury claim.

This is especially true in Colorado since our state follows comparative negligence laws. This means that if you’re judged to be partially at fault, your compensation could reduced by the percentage of your determined fault. Therefore, seeking legal counsel before providing statements will help protect your rights and ensure fair compensation.

3. Posting on Social Media

Discussing your accident or injury on social media might seem harmless or even cathartic, but it can negatively impact your case. Insurance companies often monitor social media to mine information that might damage your claim.

For instance, say you have a back or neck injury from a car accident, but post an image of working out with a trainer or physical therapist. An insurance company may argue that this proves your injuries are not as bad as reported. Therefore, it’s wise to refrain from discussing your case or injuries online or sharing images that might be misconstrued.

4. Neglecting to Preserve Evidence

Documentation of evidence is key in a personal injury case. Failing to collect information like witness statements, photos of the scene, medical records, and police reports can substantially weaken your case.

Properly-preserved evidence supporting your version of events can significantly impact the outcome of your case, especially if the opposing party tries to shift blame or leverage Colorado’s comparative negligence statute.

5. Failing to Document All Damages

Accidents might not just result in medical or auto repair bills. They can lead to lost wages, ongoing medical treatments, and emotional distress. Failing to account for all types of damages can result in insufficient compensation.

Colorado allows recovery for economic losses, pain and suffering, and emotional distress. Therefore, properly documenting these damages is vital for a comprehensive claim and fair compensation.

6. Accepting a Quick Settlement Without Review

Insurance companies might offer speedy settlements to close the case swiftly. And it may be tempting to just turn the page and move on; however, rushing into accepting the first settlement offer can be a critical mistake.

Offers from an insurance company might not adequately compensate for your damages. In fact, their job is usually to settle for the least amount possible. Signing without understanding the full impact of an offer could waive your right to future claims and limit full compensation.

That’s why it is the peak of wisdom to consult with an experienced personal injury attorney before agreeing to any settlement. They can evaluate the offer’s fairness based on Colorado law as well as your economic and non-economic damages, and ensure that you’re fairly compensated.

7. Trying to Handle Your Case Independently or Ignoring Legal Guidance

Attempting to handle a personal injury claim on your own might seem a feasible and simple option, but the legal nuances and complexities can be overwhelming. Without proper legal guidance, you might inadvertently make mistakes that could harm your case.

In addition, lack of legal expertise might result in undervaluing your claim or missing critical aspects that damage your case. Therefore, consulting with a personal injury attorney in Colorado is highly recommended.

Colorado’s legal framework can be intricate. Having an attorney who understands the complexities can significantly increase your chances of fair and just compensation as well as alleviate the stress and burden of navigating your case on your own.

At Doheling Law, our personal injury lawyers possess the expertise to navigate the legal system and advocate for your best interests, ensuring that you're not taken advantage of by insurance companies or impeded by the complexities of the legal system.

8. Failing to Understand Legal Timelines

Missing deadlines or not filing paperwork within the required time frames could result in losing the opportunity to pursue your claim.

Knowing Colorado's statute of limitations and other legal deadlines is crucial. A personal injury or accident attorney well-versed in Colorado law can ensure compliance with these timelines and safeguard your right to compensation.

9. Underestimating the Complexity of the Legal Process

Personal injury cases involve intricate legal processes, negotiations, and sometimes, court proceedings. Underestimating this complexity might lead to missteps that could jeopardize your case.

Partnering with a knowledgeable attorney can relieve this burden and protect you from costly mistakes. Doehling Law has a team of accident and personal injury lawyers well-equipped to handle all the legal aspects, contend with the insurance companies, and fight for just compensation.

This will also allow you to focus on your health and full recovery knowing that your case is in capable hands.

Avoid Mistakes! Consult With Doehling Law for Personal Injury Claims

Navigating a personal injury case in Colorado demands attention to detail, legal understanding, industry expertise, patience, and strategic maneuvering. And each personal injury case is unique.

We want you to avoid these common pitfalls in personal injury claims, and secure fair compensation for your injuries, damages, and losses. The best way to do that is by consulting with a qualified personal injury and accident attorney.

Doehling Law has a strong, proven record in winning these types of cases for our clients. Consultations are free. In fact, you won’t pay unless we win.

Our goal is to provide you with compassionate, considerate, and capable representation. If you are a resident of Colorado or Eastern Utah, please contact us today. You will speak with an actual attorney.

Remember, insurance companies are not your friends. They want to settle for the lowest amount or none at all. With 60 years of combined experience, Doehling Law is here to serve your best interests and protect you from making mistakes that can harm your personal injury claim. You can email, chat, or text online or call us at (970) 292-7171.
Categories: 
Related Posts
  • What to Expect From a Personal Injury Settlement Read More
  • Premises Liability Cases vs Personal Liability Read More
  • What to Do After a Semi-Truck Accident in CO Read More
/