After an accident, it’s natural to feel overwhelmed. A significant accident may be a once-in-a-lifetime event. Understandably, an accident victim may not have the knowledge and resources to approach the situation without making a few mistakes. You may be focused on your recovery, juggling medical appointments, and dealing with aggressive insurance adjusters. That makes overlooking details that can hurt your personal injury claim easy.
Unfortunately, even honest mistakes can jeopardize your chances of recovering maximum compensation for your injuries. Understanding the most common mistakes people make after an injury and how to avoid them puts you in the best position to pursue the money you deserve.
Why Avoiding Mistakes Matters in Personal Injury Claims
After a Watertown accident, filing a personal injury claim is often the first step toward recovering compensation. Compensation can include money for medical bills, property damage, and lost income. However, the success of a claim can depend on a person’s actions. Even small mistakes can have significant consequences.
Insurance companies and defense attorneys manage accident claims and cases regularly. They are trained to look for ways to weaken your claim because that is their job. Exploiting common mistakes can help protect profits by minimizing payouts or denying claims. Avoiding some of the most common pitfalls in a South Dakota personal injury claim makes a difference. Mistakes and errors, even minor ones, can allow an insurance adjuster or an opposing attorney to minimize your payout. They can also use errors to deny your claim or challenge your case in court. These tactics can shift the tide of a personal injury case.
Often, in South Dakota personal injury cases, your actions can have as much impact on your situation as evidence.
Most Common Personal Injury Claim Mistakes to Avoid
Even solid claims can be weakened by preventable errors. You can help strengthen your South Dakota personal injury claim by learning about some of the most common mistakes people make during the process and how to avoid them. To protect your rights and increase your chances of a favorable outcome, steer clear of these common mistakes:
Not Seeking Immediate Medical Attention for Your Injuries
Following an accident, you should seek treatment for your injuries, even minor ones. Not only can untreated injuries jeopardize your health, but they can also jeopardize your claim. Medical records are essential to a claim, helping to prove the severity of your injuries and related medical expenses. Without proper documentation, an insurance adjuster or attorney can argue your injuries are not as severe as you claim. They can also say that injuries were pre-existing and not a direct result of the accident.
Failing to Document the Scene
After an accident, take the time to document the scene as thoroughly as possible. You should exchange information with the other parties involved and ask witnesses for their contact information. Photos and videos of the scene and your injuries can help build a compelling claim. Always report the incident or contact law enforcement. Another common mistake is taking the advice of the other party and avoiding reporting the incident. Some claim “you can work it out together” without involving authorities or insurance. This tactic rarely benefits you and can work against you later.
Admitting Fault or Apologizing
Do not admit fault or say sorry. Even casual statements apologizing can potentially be used by an insurer or attorney to place blame on your shoulders.
Giving a Recorded Statement Without Legal Representation
Often, insurance companies want you to provide a recorded statement following an accident. Never offer an official statement without seeking legal advice. Mistakes, omissions, or miscommunications can affect your claim, leading to denials or undervalued settlement offers.
Posting on Social Media Platforms
Along the same lines, posting online can also impact your claim. Differences in your statement to an insurance adjuster versus what you post online can damage your credibility. Even seemingly harmless posts of you enjoying a day out can be used to diminish the value of your claim. The insurer can say this “proves” your injuries are not as severe as you claim. Avoid all social media platforms until your attorney resolves your situation.
Other common errors include accepting a quick settlement without legal advice and not following your doctor’s treatment plan.
How to Avoid Personal Injury Claim Mistakes
The easiest way to avoid mistakes when going through the South Dakota personal injury claim process is to seek immediate legal representation. You want to work with an experienced Watertown personal injury attorney. An attorney has the experience and resources to protect your rights. They can also help avoid common errors and miscommunications from insurance companies or opposing attorneys.
Limit communication with opposing parties and insurance companies until you have an attorney to manage communication for you. This strategy helps prevent a victim from saying something that could hurt their credibility or diminish the claim’s value. It also allows a victim to avoid the stress and pressure of aggressive tactics. These tactics may get a vulnerable victim to agree to the lowball settlement offer.
Another easily avoidable mistake is keeping organized and detailed records of accident-related expenses and losses. Keep all medical bills and repair receipts to document your injuries and costs. It is also essential to keep documentation from your workplace. Include time missed due to your injuries, pay stubs, and tax forms. These can help your attorney estimate the value of lost wages.
A Watertown Personal Injury Lawyer Is Ready to Help
The personal injury attorneys at Turbak Law Office, P.C. understand that going through the claim process following an accident is not something you do every day. It is easy to make mistakes that may cost you valuable compensation. Our legal team commits itself to doing the heavy lifting for you. All you have to focus on is your recovery. You avoid common mistakes and get peace of mind that you claim is in capable hands.
Let’s start discussing your personal injury claim now. Contact us online or call 605-886-8361 to arrange a free consultation.