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Common Mistakes to Avoid During a Personal Injury Claim

Posted on March 21, 2022

A small mistake during a personal injury claim can significantly impact the outcome of your case. Here are the common ones to avoid. 

Not Hiring An Attorney

It may seem easier and less expensive to handle a personal injury claim on your own, but an experienced Philadelphia personal injury attorney can relieve a lot of stress and help you secure more compensation. Insurance companies can be difficult to work with. Studies show that those who hire legal representation end up with three and a half times more in compensation even after attorney fees. The insurance adjuster will know you do not intend to go to trial if you handle your case alone and may not take you seriously. As a result, they may use tactics to reduce your payment or deny liability.

An experienced personal injury lawyer will provide protection and not allow an adjuster to take advantage of you. They will ensure you have a solid claim supported by evidence, advocate for your rights, and negotiate a fair settlement offer


Talking About the Case

Talking about the accident or your injuries can end up sabotaging your claim. What you say at the accident scene and at any point after up until your case is resolved may cause unintentional harm, especially if it is regarding you being partially at fault. At the scene of the accident, provide the required information to law enforcement, but do not admit to any degree of responsibility. When the insurance company contacts you, politely refuse to give a statement. Only speak to your attorney about the case, and they will handle all communication with the insurance companies and at-fault parties on your behalf. 

Posting About The Case to Social Media

Even if you carefully word a post about the accident or your case on social media, the information can be misconstrued and possibly used against you by the at-fault party or their insurer. Insurance companies, defense attorneys, and hired private investigators routinely look for information on claimants’ social media pages for evidence that can be used against them. If the defendant (at-fault party) can successfully use your social media posts as evidence to reduce their liability, you may not receive full compensation for your medical bills, lost income, and pain and suffering. 

For example, suppose you demand compensation for a leg injury that prevents you from returning to work but post a photo of yourself playing soccer. The photo could discredit the severity of your injury and compromise your claim. The safest choice is to wait to share any details of your accident or ongoing case on social media until it is settled. 

Failing to Seek Medical Treatment

It is critical to see a doctor following a personal injury accident as soon as possible. Not only for your health because severe injuries can have delayed symptoms, but also because there must be documentation to link your injuries to the accident. If there is a delay in seeking treatment, the insurance company can argue that your injuries were not caused by the accident involving their policyholder. Similarly, if you fail to follow your physician’s recommended treatment plan, the insurance company can argue that your injuries are not as severe as you are claiming.