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Top Mistakes to Avoid in Personal Injury Claims: Insights from a California Lawyer

May 8, 2024 by Michael Waks

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Dealing with the aftermath of a personal injury can be a trying and stressful experience for some people. When faced with circumstances like these, filing a personal injury claim becomes very necessary in order to get the compensation and justice you are entitled to. Nevertheless, navigating the legal process successfully demands paying close attention to detail and avoiding making some typical blunders that could put your case in jeopardy. In this post, we will discuss the most common mistakes that should be avoided when filing claims for personal injuries and provide helpful insights from an experienced attorney in California. You can preserve your rights and increase the likelihood of your claim being successful by being aware of these common errors in the legal system.

Failing to Seek Medical Attention Promptly

After suffering an accident, postponing medical assistance is among the most common and one of the most serious errors that people make. Evaluation and treatment by a doctor as soon as possible not only places a priority on your health but also helps establish a key connection between your injury and the accident. If a large amount of time passes between the occurrence and when medical attention is sought, insurance companies and defense attorneys may argue that your injury is unrelated to the incident or downplay the severity of it. Seek medical assistance as quickly as possible after the accident, and make sure to follow through with all of the treatments that your doctor recommends. This will improve your case.

Failing to Gather and Preserve Evidence

When creating a compelling case for personal injury, preserving the evidence is absolutely essential. It is possible that your claim will be considerably weakened if you fail to collect and retain evidence. Take pictures of the accident scene, the injured parties, the damaged property, and any other evidence that may be important. Collect the names and contact information of any witnesses, as well as any security footage that may be available. If it’s at all possible, you should keep a journal to record how the injuries have affected your day-to-day life. Your argument will receive significant reinforcement if you act swiftly and carefully to preserve the evidence.

Giving Statements to Insurance Adjusters Without Legal Guidance

Insurance adjusters may contact you soon after the incident to gather information about the accident and your injuries. While it may seem harmless, providing a statement without legal guidance can be risky. Insurance adjusters are trained to protect their company’s interests and anything you say can be used against you to devalue or deny your claim. It is advisable to consult with a personal injury lawyer before engaging in conversations with insurance representatives. An experienced attorney can help you navigate the negotiation process and ensure that your rights are protected.

Settling Too Quickly or Without Legal Advice

In the aftermath of an accident, financial burdens and the desire for quick resolution can tempt individuals to accept early settlement offers from insurance companies. However, settling too quickly and without the guidance of a legal professional can result in inadequate compensation that does not account for long-term medical expenses or lost wages. Consulting with a personal injury lawyer will help you assess the true value of your claim, negotiate effectively, and make informed decisions regarding settlement offers.

Missing the Statute of Limitations

Every claim for personal injury is subject to a statute of limitations, which establishes a maximum amount of time within which a plaintiff has to file a lawsuit. If you fail to file your claim within the allotted amount of time, you risk losing the opportunity to seek compensation for your injuries. It is essential to have a solid understanding of the statute of limitations that pertains to your situation and to move quickly in taking the required action. Talking things over with a personal injury attorney is the best way to make sure you meet all of the required deadlines and safeguard your legal rights.

Discussing the Case on Social Media

In this day and age, it is standard practice for people to share their opinions and experiences on various social media platforms. However, publicizing your personal injury lawsuit on social media could end up being harmful to your case. It’s common practice for insurance companies and defense attorneys to snoop on their client’s social media accounts in order to obtain evidence that can be used against them. The seriousness of your injuries or your integrity may be called into question if an innocent-looking post or photo is misconstrued and used against you. It is in your best interest to wait until your legal issue has been settled before publicizing it on social media.

Failing to Hire an Experienced Personal Injury Lawyer

It is possible to make a serious error in judgment by attempting to manage a claim for personal injury without the counsel of an expert attorney. The law governing personal injuries is notoriously difficult, which is why insurance companies employ large teams of attorneys to look out for their best interests. You can level the playing field and get an advocate who is familiar with the nuances of California law if you retain the services of an experienced personal injury attorney. Your case will be evaluated by an experienced attorney, who will also collect evidence, negotiate with insurance companies, and represent your best interests in court if that becomes necessary.

Conclusion

When pursuing a claim for personal injury, it is essential to steer clear of typical pitfalls. Your claim can be considerably strengthened if you seek medical attention as soon as possible, collect evidence, seek legal assistance, thoughtfully evaluate settlement offers, consult with a personal injury lawyer, fulfill all deadlines, and refrain from discussing your case on social media. Keep in mind that an experienced personal injury attorney can provide necessary direction and advocacy throughout the process. This will ensure that your rights are respected and that you receive appropriate recompense for the damages you have sustained. Your personal injury claim can be navigated with confidence if you take proactive efforts, avoid these pitfalls, and follow these guidelines.

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Michael Waks
Michael Waks
Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.
Michael Waks
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