It is common knowledge that when you get injured due to another person’s negligence, you are entitled to a personal injury compensation. However, such cases are often too intricate to resolve and claiming compensation from the party at fault is not as straightforward as it seems.
When you get involved in an accident, you do not only end up emotionally vulnerable but also financially broke. With all those medical expenses to think about, not knowing how to properly lodge a claim can only make things even more burdensome for you. That is why it is crucial that you are familiar with how the personal injury legislation works.
According to Turner Freeman Lawyers, if you think you are eligible to a personal injury claim, take note of the common mistakes personal injury claimants make so you do not make the same mistake:
Overvaluing or undervaluing your claim
One common mistake personal injury claimants make is overvaluing or undervaluing their claims. While it is understandable that getting seriously injured in an accident can leave you bewildered, you need to have a good sense of a verdict range so you do not end up overvaluing or undervaluing your claim. You get the short end of the stick if you undervalue your case because insurance companies will never tell you when the amount you are demanding is way below the compensation you deserve. Just the same, asking for too much in a settlement will give the authorities and the other party the impression that you lack a legitimate sense of your claim’s value.
Foregoing medical treatment
No matter how minor your injuries are, never skip medical treatment. Finding a certified doctor to check up on you following an accident is an essential step in making a claim. This is because if you lack the medical records to support your claim, then that is almost the same as not having a case at all. Following an accident, the first step you need to take is to look for a medical practitioner to see you and provide all the treatments you need to recover. The testimony issued by your physician will prove that your injury was serious enough to warrant immediate medical attention. It is also important to note that following an accident, the insurer of the party at fault may immediately make an offer to resolve the case. Without medical reports, there is no way to assess the worth of your case.
Not providing proper documentation
Another common mistake made by personal injury claimants is not providing enough documents to support their claims. As the plaintiff, it is your responsibility to strengthen your case by keeping a journal of the accident that caused the injury and everything that took place after the incident. The best thing to do to avoid this mistake is by keeping track of all the important details relevant to your case, including your injuries, your symptoms, recommended treatments, the days you had to miss work due to the injury, your doctor’s appointments, and many others. As you do this, make sure that you keep all the important documents that will serve as tangible pieces of evidence to back up your claim, including medical records, photos of the accident, photos of your injuries, hospital bills, insurance claims, and police reports. These documents will give your lawyer enough evidence to establish a strong case against the party at fault and boost your chances of receiving compensation.
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Accepting the defendant’s initial offer
If your case is not complicated, then chances are the other party will try to resolve the case out of court through a negotiation. If the insurance company of the party at fault tries to offer you compensation right after the incident, do not accept. This is because most likely, their offer is much lower than the actual worth of your case. It may be tempting to accept an initial offer so you can both move on with your lives and avoid the burden of having to go through the legal route, but you might miss out on a lot of financial benefits if you do. When presented with an initial offer, the best thing to do is to review it with a legal expert. Your personal injury lawyer will tell you if the offer is acceptable or not. He will also give you legal advice and will guide you as you make decisions relevant to your claim. If your lawyer finds that you deserve more than what is being offered, then he will negotiate for a more considerable settlement on your behalf.