5 Common Mistakes to Avoid in Personal Injury Claims
If you get hurt in an accident in California, you may be entitled to financial compensation that can help you pay for losses such as your medical bills and lost wages. A successful personal injury claim requires taking the correct actions and collecting the right evidence. Avoid these common mistakes during your case to increase your odds of success.
Waiting to See a Doctor
Many accident victims delay medical care because they underestimate their injuries or are not sure how they will pay for treatment. Delaying medical attention after an accident, however, can give an insurance company a reason to deny coverage for your losses.
If you wait to see a doctor after a harmful incident, the insurance company may say that you failed to mitigate your damages and are therefore eligible for less compensation. Prompt medical care, on the other hand, can establish a clear connection between the accident and your injuries. It can also lead to a faster diagnosis and more effective treatment options.
Failing to Document the Accident
As the plaintiff or filing party in a personal injury claim, you are given the burden of proof. This means it is your responsibility to establish that the claim you are making is more likely to be true than not true. This is done using compelling evidence.
You can start building a claim right away by gathering information and evidence early on. This may include a police accident report, photographs and video surveillance footage, eyewitness testimony, and proof of your injuries and losses.
Trusting the Insurance Company
Insurance companies are good at making their clients believe they are on their side. However, the truth is that insurance providers are for-profit companies. They will use various tactics to try to minimize client payouts. It is important to keep this in mind during all conversations with insurance claims adjusters and representatives.
Do not agree to give an insurance adjuster a recorded statement. Do not overshare or give away too much information about the accident and your injuries. Don’t post about the incident on social media, as the insurance company may be monitoring your online activity. If you are offered a settlement, don’t accept it without consulting with an attorney first.
Failing to Understand the Value of Your Claim
It is imperative not to underestimate how much your personal injury case is worth. In general, once you accept a settlement, you cannot reopen your case. If you have suffered severe, long-term or permanent injuries, you must account for future costs, such as ongoing medical care and lost capacity to earn a living. Utilize a personal injury attorney to accurately calculate the value of your case. That way, you can negotiate a fair settlement with an insurance company.
Handling Your Case Without a Personal Injury Lawyer
Handling the legal process involved in a personal injury case in California can be overwhelming – especially while you are also dealing with painful physical injuries and expensive related costs. Unfortunately, insurance companies are practiced at taking advantage of claimants while they are vulnerable.
The most effective way to protect your rights and improve your case outcome is by hiring an experienced personal injury attorney in Los Angeles to represent you. A lawyer will know how to deal with insurance companies on your behalf and navigate any challenges that may arise, such as a fault dispute or an insurer refusing to offer a fair settlement. While a lawyer negotiates with insurance companies for you and hires qualified experts to strengthen your claim, you can focus your full attention on resting and recovering. For more tips about mistakes to avoid during a personal injury claim, contact Rose, Klein & Marias LLP for a free consultation.