Common mistakes to avoid during a personal injury claim include delaying medical attention, insufficiently documenting evidence, and oversharing on social media. These missteps and others can derail your case and diminish your chances of recovering fair and reasonable compensation for your damages and losses. Navigating this process can be intimidating, and many accident victims inadvertently make mistakes that jeopardize their case, whether they are facing car or truck accidents, slip and falls or workplace injuries.
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Friedman, Levy, Goldfarb, Green & Bagley, P.C. is one of the premier personal injury law firms in New York City. We are committed to seeking justice for our clients. The Law Firm was founded on the principle that all people are entitled to competent, trustworthy, and aggressive legal representation. If you are considering filing a personal injury claim, here is a guide to avoiding common mistakes. If you have any questions, schedule a free consultation today.
Not Receiving Immediate Medical Attention
Make sure that you do not postpone medical care after an accident. Even if you initially feel fine, some injuries, like concussions or soft tissue damage, have delayed onset symptoms. Ignoring the need for a medical evaluation jeopardizes your health and undermines your legal case.
Insurance companies often exploit any delay in seeking medical treatment. They may argue that your injuries cannot be serious if you did not pursue immediate care. Further, missing doctor’s appointments or failing to follow a treatment plan can cast further doubt on the severity of your injuries and the legitimacy of your claim.
Failing to Maintain Accurate Records and Organized Evidence
Accurate records and organized evidence strengthen your claim by providing clear proof of injuries and damages. Medical records, receipts, photos, eyewitness statements, and even a daily journal detailing your pain levels or limitations all paint a clear picture of your physical, emotional, and financial impacts. It is also crucial to keep track of any relevant items related to the incident, such as hospital discharge papers or personal belongings that may have been damaged.
In the end, well-documented evidence is often the difference between a fair settlement and an offer that falls short of covering your losses.
Ignoring Legal Deadlines
Missing the statute of limitations or other filing deadlines may result in your case being dismissed, leaving you unable to recover damages for medical bills, lost wages, and other losses. Timely action ensures your claim remains valid and prevents forfeiting your legal rights. In New York, the statute of limitations for personal injury cases is generally three years. It is essential to be proactive and keep track of all relevant deadlines.
Making Statements or Signing Documents Without Legal Advice
Making statements or signing documents without legal advice is not recommended for a personal injury claim because it can impact the outcome of your case. Insurance companies and opposing parties often seek early statements or signatures to limit their liability, and unrepresented accident victims may inadvertently harm their claims by providing information that can be used against them.
For instance, statements made without legal guidance may unintentionally downplay the severity of your injuries, admit fault, or overlook future damages. Signing documents, especially settlement agreements, without legal review can also lock you into unfavorable terms, waiving rights to additional compensation for ongoing or future medical expenses.
Always take the time to discuss any documents or statements with your NYC personal injury lawyer. They will ensure you fully understand what you are signing and how it may affect your case.
Oversharing on Social Media
Posting updates on social media about your accident, injuries, or activities can be used to challenge your claims. Insurers might interpret these posts as evidence that your injuries are exaggerated or unrelated to the incident. Oversharing can be problematic for those involved in a personal injury case.
Your online presence is often scrutinized by insurance adjusters or the defense, who search for evidence that contradicts your claims. Posts featuring photos, location tags, or casual updates about your day can easily be misinterpreted, e.g., a seemingly innocent picture of you smiling at a gathering could be used to argue that your injuries are not as severe as you claim.
To protect your rights, consider temporarily deactivating your social media accounts or tightening your privacy settings. Be mindful of what you share online; every post has the potential to impact your case.
Accepting the First Settlement Offer
Initial offers from insurance companies are typically low, as insurers aim to minimize payouts by settling quickly before the full extent of injuries and future costs are known. These early offers may not account for long-term medical expenses, lost wages, or pain and suffering, potentially leaving you financially vulnerable.
Many individuals are eager to put their personal injury cases behind them, and insurance companies know this. However, an initial offer is frequently much lower than you could obtain through negotiation or trial. For example, if your injuries require extensive rehabilitation or long-term care, that first offer is often insufficient to cover those costs.
Not Having Legal Representation
Handling a personal injury case alone can jeopardize your financial recovery. Many mistakenly believe that they will save money or simplify the process. However, personal injury law is complex, and insurance companies have entire teams dedicated to protecting their interests, not yours.
Without a knowledgeable attorney by your side, you risk missing critical deadlines, overlooking vital evidence, or failing to fully understand your legal rights.
Contact Friedman, Levy, Goldfarb, Green & Bagley, P.C., For a Free Case Review
It is crucial to understand how to avoid mistakes during a personal injury case, as every decision you make can affect the outcome of your case. Avoiding these common mistakes can boost your chances of getting properly compensated for your losses. Friedman, Levy, Goldfarb, Green & Bagley, P.C., is here to offer guidance and support.
We have successfully obtained millions of dollars in compensation for our clients, covering damages such as medical bills, lost wages, emotional suffering, and rehabilitation costs. We invite you to contact us for a free, no-obligation consultation. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries.
