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5 Mistakes to Avoid When Filing a Personal Injury Claim

Have you recently been injured due to the negligence of another person or corporation? Do you fear that your medical bills are going to complicate your family’s future? If so, then you need to learn all that you can about the mistakes to avoid when you file a personal injury claim.

Doing so can help you get the compensation that you deserve. If you make too many mistakes, you could sabotage your case and end up settling for less than you need (or losing your case).

See below for an in-depth guide on the most common mistakes to avoid when filing a lawsuit for a personal injury.

1. Not Hiring a Personal Injury Lawyer

If you’ve recently endured an injury due to the negligence of someone else, it can be hard to place fault. There are physical, mental, and financial setbacks that your family may face—all because of another person or a corporation’s actions. 

Some people try to file a lawsuit without a lawyer. That’s like stepping into the batter’s box against an Atlanta Braves pitcher: you’re up against a professional. 

For example, let’s say you’ve sustained a workplace injury and are filing a claim through your employer’s workers’ compensation insurance provider. That insurance provider has only one goal in mind: to get you to settle for as little as possible.

There’s nothing they won’t do to make that happen. Some providers have even been known to hire Private Investigators if they feel it can gain them an advantage. 

Hiring a professional personal injury lawyer can help strengthen your case. It will show the insurance company that you mean business; you and your attorney are going to wait as long as it takes to get the compensation you deserve.

By getting a lawyer in your corner, the entire process changes. Your personal injury attorney can help you compile evidence to support your claims and back those insurance providers into a corner.

2. Not Looking for Temporary Financial Assistance

Filing a personal injury claim can be a stressful time. You need to get your hands on the compensation that you deserve, but the entire process can take a long time to get sorted out.

Believe it or not, this is a technique that insurance companies use to try and get you to settle for less money. They try to drag out your settlement as long as possible to get you to feel the full effects of your costs. 

They’re hoping that the compiling medical bills and lost wages you’re experiencing will force you to act quickly and take a lower offer, which would be a huge mistake for you and your family. Thankfully, there’s a way to combat this technique.

Your personal injury lawyer can help point you towards a trustworthy pre-settlement funding provider who will help you cover all of your costs in the short term. This way, you’ll be able to pay for your medical bills and lost wages while you wait to settle with the opposition.

You and your attorney can continue to build your case with full peace of mind. If you win your settlement, then you pay the pre-settlement loan back with interest. If you lose your case, then you don’t owe the pre-settlement loan provider a penny!

3. Not Preparing to Go the Distance

Make no mistake about it, most personal injury claims don’t make it to the courtroom. Generally, a settlement is reached before either side has to take this thing to trial.

That said, it would be unwise not to at least prepare yourself for that possibility. If the insurance company sees a potential hole in your claim, they might be willing to wait it out until court.

A wise personal injury lawyer will help set the expectation for you. They’ll do everything in their power to settle on the court (both sides would prefer to avoid court), yet strengthen your case on the off chance it’s taken to trial.

4. Not Focusing on Your Recovery

Remember what’s important, here. It isn’t the potential to make a lot of money. It isn’t to cut a hole in the insurance company’s wallet. The goal is to help you get back to normal; to recover from the injuries and setbacks you sustained.

After hiring a personal injury attorney, you’ll be putting your case in the hands of an experienced and successful professional. That way, they can take over communications while you focus on your recovery.

Make sure you hire a lawyer that preaches that. If they’re only concerned with how much money they’ll make, then they aren’t worth your time.

5. Not Listening to Your Doctors

You might be surprised to find out that this can hurt your case. The insurance company will make sure that you’re actually seeking out help for those injuries you claim to have.

If you aren’t following your doctor’s instructions (this information is available to the insurance company), then they can use it against you.

They’ll claim that if your injuries were as bad as you say, that you would take your recovery more seriously. Seek medical advice right away and follow their instructions to a “T”, so that you can protect your case.

Avoid These Mistakes When Filing a Personal Injury Claim

Now that you have seen an in-depth guide on the biggest mistakes to avoid when filing a personal injury claim, be sure to use this information to your advantage.

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