Have you been hurt in an accident and now you’re stuck filing a claim?
Filing a personal injury claim seems easy when you read about it. However, the reality is that one wrong move can mean thousands of dollars in lost compensation. Or worse… it can destroy your case completely.
Here’s the kicker:
Insurance companies hope you do these things. They want to pay you as little as possible. You want to walk away with every penny you’re owed.
Here are the Top 7 Mistakes Made With Personal Injury Claims (& How to Avoid Them)
Let’s jump in!
Here’s what’s coming up:
- Why Personal Injury Claims Go Wrong
- The 7x Biggest Mistakes To Avoid
- How To Protect Your Claim From Day One
Why So Many Personal Injury Claims Go Wrong
Personal injury claims are a much bigger deal than most people think.
Close to 400,000 personal injury claims are filed annually throughout the United States. Ouch.
Most of those claims get settled for far less than they’re worth.
Why?
Most people don’t understand how the process works. You make minor errors, and the insurance company jumps all over it. Eventually your final settlement amount is less than it should have been. An experienced personal injury lawyer will know how to avoid these pitfalls before they occur. If your accident happened in Virginia and you were seriously injured, call a Virginia personal injury attorney today to safeguard your claim from day one.
Now… onto the 7 mistakes.
The 7 Most Common Personal Injury Claim Mistakes
It’s these mistakes that drive down settlement amounts daily. Don’t make them and you’ll dramatically improve your chances.
Mistake #1: Skipping or Delaying Medical Treatment
This is the biggest one.
Many people ignore injuries after an accident. They don’t hurt. Adrenaline pumps through their veins. They just want to go home and sleep. What’s the issue?
Insurance companies LOVE this.
If someone delays days (heck, weeks!) before going to the doctor, then the insurer will say:
- The injury wasn’t really that bad
- The injury was caused by something else
- The claim is being exaggerated
Visit the doctor as soon as possible after your accident, even if you think you are fine. Obtain documentation of all of your injuries. Follow through with your treatment protocols.
No medical records = No strong claim. It really is that simple.
Mistake #2: Talking To The Other Driver’s Insurance Adjuster
Here’s something most people don’t realise…
The insurance adjuster from the other driver’s insurance company is NOT your friend. They get paid to dig up dirt to help deny or minimize your payout. They will call you soon after the accident. They will sound nice. They will want to ask “just a few quick questions.”
Don’t fall for it.
Everything you say on that call can (and will) be used against you later. Even if you say something innocuous like “I’m feeling okay”, it could greatly damage your claim. The safest thing to do is politely direct them to a personal injury lawyer and hang up.
Mistake #3: Posting About The Accident On Social Media
Social media is an absolute goldmine for insurance companies.
That innocent-looking photo you posted from a weekend BBQ can be used to demonstrate your injuries aren’t severe. Checking in at the gym? Double whammy. A post that says you’re feeling better today could cut thousands from your settlement.
A few simple rules:
- Don’t post about the accident
- Don’t post about injuries or treatment
- Don’t post photos doing physical activities
- Set all accounts to private until the case is closed
Better still, just stay off social media completely while the claim is open.
Mistake #4: Accepting The First Settlement Offer
This one is a settlement killer.
Insurance companies always offer you the lowball offer. They know you are stressed, broke and sick of waiting. So they make a low offer and hope you take it.
This is unbelievable data. Waiters earned $30,700 more on average by waiting for a better offer.
That’s a huge amount of money to leave on the table.
NEVER TAKE THE FIRST OFFER WITHOUT FIRST CONSULTING WITH A PERSONAL INJURY ATTORNEY. You can ALWAYS get more money.
Mistake #5: Failing To Document Everything Properly
Strong cases are built on strong evidence.
The more paperwork you have the accident victim has, the better case you have. Insurance companies won’t just accept someone’s word about what happened. They want documentation.
Make sure to keep:
- Photos of the accident scene
- Photos of all injuries (and recovery progress)
- A copy of the police report
- All medical bills and treatment records
- A daily pain journal tracking symptoms
- Witness names and contact details
Lacking one of these isn’t deal-breaker material. However lack several and you will see value erode quickly.
Mistake #6: Waiting Too Long To File The Claim
Every state has a statute of limitations.
This is the statute of limitations for filing a personal injury lawsuit. When that date passes… it’s over. Case closed. No appeals, no exceptions in most instances. In Virginia, it’s typically 2x years from the date of injury.
Sounds like plenty of time, right?
Actually, it isn’t. Evidence is destroyed. Witnesses lose memory. Medical records become more difficult to obtain. The longer you wait, the weaker your claim grows. The wisest decision is to consult with a lawyer days after the accident, not months.
Mistake #7: Trying To Handle The Whole Claim Alone
This is the costliest mistake of all.
Many folks think they can cut corners by not retaining an attorney and negotiating with the insurance company themselves. Statistics show this is a very bad idea. Plaintiffs who are represented by an attorney receive approximately 4x more money.
That’s a massive difference.
Best of all, personal injury lawyers work on contingency fees. In other words, you pay nothing up front and they only get paid if you win. There is no risk financially by having an expert in your corner.
Final Thoughts
Personal injury claims are full of traps.
The insurance adjuster has done this thousands of times. The average victim has… never. That disparity is why these 7 mistakes are so common (and so expensive). Let’s quickly review:
- See a doctor immediately after the accident
- Don’t speak to the other driver’s adjuster
- Stay off social media until the case is closed
- Never accept the first settlement offer
- Document every single detail
- Don’t wait too long to file the claim
- Hire a personal injury attorney early
Answer them correctly and your odds of a fair settlement skyrocket. Answer them incorrectly and you can kiss that settlement goodbye. Literally… it can shrink by thousands, sometimes tens of thousands of dollars.
The easiest thing to do is not try to decipher this on your own. Pick up the phone, call an experienced personal injury attorney and shield your claim from the onset.