After an accident, small decisions can have a significant effect on a personal injury claim. Insurance companies and opposing parties may examine medical records, statements, expenses, and other evidence when evaluating what happened and how seriously someone was affected. Avoiding common mistakes can help preserve useful evidence and prevent unnecessary disputes.
Delaying Medical Treatment
Waiting too long to seek medical attention can create questions about whether an injury was caused by the accident or developed later. Some injuries may not produce obvious symptoms immediately, but getting evaluated when appropriate can establish a clearer medical timeline.
Following recommended treatment is also important. Repeatedly missing appointments or stopping treatment without explanation may make it harder to demonstrate the continuing effects of an injury.
Giving Inconsistent Statements
Details can become difficult to remember after a stressful event, but contradictions between statements can undermine credibility. Be accurate when describing what happened, your symptoms, and how the injury affects your daily activities.
This applies to conversations with insurers, medical providers, employers, and others involved in documenting the incident. Avoid guessing about details you do not remember.
Posting Carelessly on Social Media
Photos, videos, and comments posted online may become relevant to an injury claim. A photograph showing someone participating in a physical activity, for example, could be interpreted differently from what the person intended if it appears inconsistent with claimed limitations.
Privacy settings do not necessarily prevent relevant social media information from being considered in litigation. Deleting or altering potentially relevant content can also create evidence-preservation issues.
Failing to Document Financial Losses
Medical expenses are only one potential component of an injury claim. Depending on the circumstances and applicable state law, damages may also involve lost income, reduced earning capacity, property damage, and non-economic losses.
Keep copies of medical bills, receipts, employment records, and other documents that support financial losses. Without documentation, proving the amount of certain damages can become more difficult.
Accepting a Settlement Too Quickly
An early settlement offer may arrive before the full extent of an injury is understood. If treatment is still underway, future medical expenses or lasting limitations may not yet be clear.
A settlement may also involve signing a release that limits the ability to seek additional compensation for the same incident. Before accepting an offer, understand what it covers and which rights you may be giving up.
Overlooking Deadlines
Personal injury claims are subject to statutes of limitations and other procedural requirements that vary by state and type of case. Missing an applicable deadline can prevent a claim from moving forward.
Careful medical documentation, consistent communication, organized records, and attention to deadlines can help avoid mistakes that unnecessarily weaken an injury claim.
This post was written by Kelly-Ann Jenkins of Jenkins Law P.L. Kelly-Ann is an Insurance claims attorney St Petersburg, FL. The information on this site is not intended to and does not offer legal advice, legal recommendations, or legal representation on any matter. Hiring an attorney is an important decision, which should not be based on advertising. You need to consult an attorney for legal advice regarding your situation.
The information provided on this website does not, and is not intended to, constitute legal advice; all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.