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Four Mistakes That Could Jeopardize a Personal Injury Claim Case

Nov 16, 2022

Personal injury claims can be lengthy for injured parties. The process is particularly challenging in complicated cases, such as when an insurance company is reluctant to pay fair compensation. Therefore, an injured party should make the right decisions to help his or her case.


Even if you hire an experienced personal injury lawyer with an excellent track record, mistakes on your part can make things difficult for the attorney or slow the process. Unfortunately, most plaintiffs are unaware of the impact of innocent errors on personal injury claims. Here are some common but crucial mistakes that may delay or deny you the settlement you deserve.


1. Failure to Acknowledge Injuries


Typically, the severity of an accident determines the seriousness of injuries. For example, while you initially can come out of rear-end motor vehicle accident feeling okay, it might not be the case. Most drivers assume they are fine bar a few minor cuts and bruises. However, such assumptions can jeopardize your car accident claim.


Just because you feel fine after a car accident does not mean you are okay. Often, serious injuries are not immediately apparent at the accident scene. For instance, you do not have to hit your head on any part of a car to get a closed head injury such as a concussion. Therefore, it is advisable to see a medical doctor even when you feel fine since it can significantly help your claim case.


2. Failure to Report the Accident


Failure to notify law enforcement immediately after you are involved in a car accident or report the accident to the property owner or business in a slip and fall case can hurt your claim. The reason is that a police report or incident report is an invaluable resource for personal injury lawyers. In addition, calling the police or alerting a store manager ensures proper investigation, evidence collection, and witness identification, which are critical for successful injury claim validation. 


3. Failure to Document Pain


An insurance company and a jury are not obligated to believe you when you claim to be in pain. Therefore, all of your complaints should be told to treating doctors and documented within medical records. Notably, insurers scrutinize medical records for pain reports and the actions you took or continue to take to address the issue.


Personal injury lawyers advise injured parties to document any complaints of pain, your doctor should document all complaints within you records as well as any impact on your daily life.



4. Failure to Exercise Discretion


Insurance companies have no business asking injured parties to record statements about accidents. However, since insurers know that most injured parties are unaware of the issue, they might try to get statements from injured parties. Unfortunately, an insurer can use the information against you later on in litigation.


The best thing to do is call your injury lawyer before you say anything to anyone, even the police. Consultations with an attorney before you record a statement help deny an insurance company information they can use against you. Only agree to speak to an insurance company if your lawyer allows it.


Personal injury accidents can be stressful and traumatic; therefore, being aware of mistakes to avoid can help improve your eligibility for fair compensation. If you play your part right, the team of experienced lawyers at Jarve Granato Starr, LLC, will validate your claim and negotiate a reasonable settlement successfully. Contact us today.

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Million Dollar Advocated Forum
New Jersey Supreme Court Certified Attorney
National Board Of Trial Advocacy
AV Preeminent
Rated By Super Lawyers
Recognized By Best Lawyers
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