Legal Pitfalls to Avoid: Common Mistakes in Personal Injury Claims

Personal injury claims are not always straightforward. If you have never made one before, or lack the legal know-how to navigate the claim, it can be a daunting process. The legal pitfalls noted below are some of the most common mistakes people make during this type of legal claim, and they are the ones to be avoided at all costs.

Not Hiring an Attorney

Hiring an attorney from our team to guide the claims process is a no-brainer. It is exceptionally difficult to successfully navigate a legal event if you don’t have attorney experience. Thankfully, that’s what we are here for. We will ensure you don’t say the wrong thing, file the wrong information or settle for less than you deserve every step of the way.

Only Getting One Medical Opinion on Injuries

Personal injury claims are often dictated by the severity of suffering. The bigger your injuries are, and the more severe an impact they have had on your daily life, the higher you will be able to claim. It is wise, therefore, to get a thorough assessment medically speaking. To do this, you will need a second opinion. There is so much room for mistakes and overlooking from doctors that it is worth confirming with a second party both the extent of your injuries and the treatment pathway thereafter.

Failing to Ask Questions

When it comes to the law and navigating a case like this, there is no such thing as a stupid question from you to our team. Your assigned attorney will never laugh at you or make you feel incompetent for speaking up and needing clarification. It may help you avoid saying something that will nullify your claim in the future and give you peace of mind that you’re on the right track.

Thinking Things Will Run Smoothly

Being confident is great, but do not let it turn into complacency. Thinking that things will just run their course smoothly and you won’t have to face any barriers is naïve and could put your claim at risk. It is wise to protect your mental health and general well-being as you go through the motions of the legal process, because there may be barriers up ahead. We can help you face these with expertise and our vast legal toolkit.

Neglecting to Collect Sufficient Evidence

While you are not legally obligated to provide details of your medical history, it is wise to nonetheless. It will be a crucial piece of evidence, after all, and something that will make your claim credible as opposed to dismissible. Try to stay organized with your log of evidence as this is the best way to not lose focus on what’s important. There will be a lot to think about, and it can be overwhelming. So, keep us informed every step of the way and any time you have a new assessment or interaction with medical professionals or witnesses to the incident.

Being Too Quick to Accept a Settlement

There is every possibility that the opposing team will want to settle quickly. To do this, they will offer you an initial sum that is often too low and sometimes even offensive. It is unwise to trust this first offer, and our team will help you determine the actual figure that you are owed with our precise process. We will encourage you to reject any offer that does not meet the mark, and we do so in good faith and because of our depth of experience. This happens all too often, and nobody should become a victim twice just because the person that harmed them doesn’t want to face the consequences of their neglect.

Insufficient Financial Records Post-Incident

In much the same way as medical evidence, financial records are also important. This is everything from the cost of repairing your vehicle to how much you have spent getting medical treatment. It could also be factors such as how much income you have forfeited, and what the future projected loss will be too. To prove this, you will need receipts, correspondence records, and salary documentation.

Being Quiet About the Psychological Impact of the Accident

Speak up if you are suffering with your mental health. This plays a big role in personal injury cases and is one major part of how the settlement is ultimately calculated. Depression, anxiety, and even PTSD are all relevant and you could be struggling with any one of them. Reach out and accept help, and don’t be afraid to discuss the impact of these conditions with our team. Everything is relevant. We understand that life changes after a personal injury incident takes place, and you may be facing a new reality that is taking its toll on your mental capacity. This is normal, and nothing to be ashamed of. There are a number of support channels in place to help you.

Saying the Wrong Thing

More often than not, people who are not trained attorneys slip up and say the wrong thing. It may be something so small you don’t realize at the time, but anything that could sound like an admission of guilt will be taken as canon by the opposing team. Your words matter in these proceedings, so listen to your attorney and never hold a discussion without us being present.

Filing Too Late

It is also entirely possible that you are making a claim outside of the Statute of Limitations. If this happens, you won’t be able to go ahead with the complaint at all. There is a time limit stated within this Statute that determines how long you have post-event to file, and you cannot miss it.

Personal injury claims have a strict process that must be observed at all times. Our attorneys understand the importance of following the correct protocol and will explain things clearly at each stage of the proceedings. The outcome you want is possible if you play by the rules.

Pencheff & Fraley’s offices are shown below. Visit us today or call to make an appointment.

• Westerville – 4151 Executive Pkwy, Suite 355, Westerville, OH 43081
• Mansfield – 33 S. Lexington-Springmill Rd, Mansfield, OH 44906

Call now for a free consultation on (614) 224-4114.