Six Mistakes that Must be Avoided to Preserve Your Legal Rights and Personal Injury Claim

If you have been hurt in an accident because of another party’s behavior, there are protections you can use to build and support a personal injury claim. In a lot of cases, the at-fault party and their insurer might present evidence in court blaming you for the accident. But you can avoid this by seeking legal assistance and educating yourself about the claims process. Also, you should keep in mind the common mistakes people make when filing a claim. These mistakes include the following:

Ignoring the Insurer’s Investigation

Once you bring an injury lawsuit against another party, an investigation will be conducted during your case’s duration. This investigation can include taking pictures and videos of you while in public places. Engaging in an activity that may exacerbate your injuries may jeopardize your claim, especially if you are caught doing it. While a judge may understand the need to carry out necessary tasks, hiding or denying some physical activity won’t impress them. 

Discussing Claim Details

You should not discuss details about your personal injury with anyone except your attorney. This way, you don’t end up saying something that can be twisted and misinterpreted. Your attorney can handle talks and negotiations with the other party to protect your rights and your claim settlement. 

Being Active on Social Media

If possible, it is best to stay away from social media while your case is ongoing. Otherwise, you may end up posting details about your case or uploading photos or videos of you doing something that contradicts your story of what happened. Even if you set your social media account to private, somebody from the at-fault party’s side may still find photos, texts, videos, and other materials that they can use to avoid full liability. For example, they can grab photos of your recent activity to show that you only exaggerated or lied about your injury. Insurers and defense lawyers will use any information they can find to discredit your claim. 

Signing Your Rights Away

Before you sign anything related to your injury case, consult your lawyer first. Even minor releases can have waivers in the fine print, allowing the insurance company of the at-fault party to access your past medical records. Do not sign anything presented to you, particularly from an insurer or defense lawyer to protect your rights and claim. 

Not Following the Doctor’s Orders

Once you get treatment for your injuries, you should follow the instructions of your doctor. This can include committing to scheduled appointments or therapy subscriptions. You must demonstrate your effort in trying to improve your condition. You can accomplish this by saving all your prescription medication, casts, pill bottles, and braces given by your doctor. These items can serve as evidence of the injuries you have suffered. 

Not Documenting Your Injuries

After an accident, it’s important to take photos or videos of any injury you have sustained. Videos are quite helpful as they can also show new physical limitations that your injuries may cause. Make sure to document any property damage done. If some people witness the accident, get their names and contact information before they leave.

Insurers are serious businesses. They are focused on settling injury claims for as little money as possible. In fact, they may find reasons to deny your claim outright. This makes it important to be careful about what you say or do. Remember that insurance companies can take your recorded statements out of context and use them against you or your claim. So, before you give a statement to any party, consult with your personal injury attorney first. Indeed, it is best to let your attorney handle communications with the other party.

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