If you sustain an injury caused by the actions of another individual, company, or entity, you will likely be able to recover compensation for your losses. However, personal injury claims can be challenging, particularly when it comes to dealing with insurance carriers and at-fault parties. Here, we want to discuss some of the main mistakes that you need to avoid when you are involved in a personal injury claim.
Forgetting you are under investigation
Even if you have sustained an injury caused by another individual or entity, you need to understand that you will also be investigated. Insurance carriers and at-fault parties will begin looking for any excuse not to pay the claim. This will include digging into every statement you make as well as past records for pre-existing injuries. You need to be very guarded when it comes to taking action after sustaining an injury.
If you have made an injury claim, you should probably avoid doing strenuous activities like going on a ski vacation, swimming in the ocean, etc. You never know when you are being watched, and this could be used as proof that you are not really as injured as you say you are.
Discussing your case
You need to be very careful with who you discuss your injury case. While you should feel free to tell your attorney anything about your claim, you need to remain guarded with any statements you make to at-fault party insurance carriers or their attorneys. In fact, you should make sure that any person who contacts you for information is routed to your attorney instead.
Getting on social media
It can seem like second nature to hop on social media to talk about every aspect of our lives at this point. Whether we are talking about Facebook, Instagram, Twitter, TikTok, or a blog, many people post every aspect of their daily lives online. You need to avoid saying anything about your injury claim on social media. No matter how tempting it may seem to post this information, please know that any statement you make online could end up being visible to insurance carriers or at-fault parties and taken out of context.
Signing away your rights
You need to be very careful about documents you are asked to sign after an injury occurs. For example, the at-fault party’s insurance carrier may ask you to sign over your medical records. You need to be cautious when doing so. These insurance carriers do not need access to all of your past medical history. Additionally, if you are asked to sign any document pertaining to a settlement offer, you need to speak to an attorney first. When you receive a settlement, you will be asked to sign a waiver of release. This means that you will not be able to go back and secure any additional compensation at a later date, even if you have to receive more medical care related to the injuries later on.
Ignoring a doctor’s treatment plan
It is crucial for injury victims to continue all medical care recommended by their doctor. This treatment needs to continue until the doctor says the injury victim has reached maximum medical improvement (MMI), which indicates that any additional medical care will not likely change the recovery outcome. Discontinuing care against a doctor’s advice could result in an insurance claim being lowered or denied altogether.
Not working with an attorney
Injury victims should work with a skilled attorney as soon as possible. An attorney can get involved early in the case and help make sure that the incident is thoroughly investigated in order to determine liability. An attorney will also be able to work with trusted medical professionals and negotiate vigorously with insurance carriers to ensure their client receives a fair settlement. Most injury victims do not have the resources necessary to handle these claims on their own.