If you have been seriously injured due to another person’s carelessness, you have the right to seek fair compensation through a personal injury claim. However, the process is not always straightforward. Even a small misstep can jeopardize your case and ability to recover damages.
As experienced personal injury attorneys serving clients across Ohio, the team at Tittle & Perlmuter has helped countless injury victims get through the complicated legal process. Along the way, we have seen many pitfalls that claimants can encounter. Here are some common mistakes to avoid in a personal injury claim.
Not Seeking Prompt Medical Treatment
One of the biggest mistakes to avoid in a personal injury claim after an accident is failing to get checked out by a doctor right away. Seeing a medical professional serves two critical purposes:
- It ensures any injuries are identified and treated before they get worse. Your health should always be the top priority.
- It documents your injuries and links them to the accident. If you wait too long to get medical care, the insurance company may argue your injuries are unrelated or not that serious.
Be sure to attend all recommended follow-up appointments and complete your treatment plan. Otherwise, the insurer may claim you are exaggerating your injuries. Keep copies of your medical records and bills as evidence.
Giving a Recorded Statement
Shortly after you file an injury claim, the at-fault party’s insurance adjuster will likely contact you requesting a recorded statement about what happened. They may come across as friendly and say they just need your side of the story to process your claim. Do not be fooled by this tactic.
Insurance companies are always looking for information to use against you to minimize or deny your claim. They may take your words out of context or twist what you say to shift blame onto you.
One of the mistakes to avoid in a personal injury claim is talking to insurance companies without expert help. The best thing to do is politely decline to give a statement and let them know to direct any questions to your lawyer. Remember, you are not obligated to provide a recorded statement to the other person’s insurer.
Accepting the First Settlement Offer
Another common strategy insurance companies use is to make a lowball settlement offer shortly after the accident before you know the full extent of your damages. They are hoping you will accept a small lump sum out of desperation to pay your mounting medical bills. If you take their money, you waive your right to seek additional compensation later on if your injuries turn out to be worse than you realized.
An initial offer is rarely enough to cover your long-term losses like future medical treatment, lost earning capacity, pain and suffering, and more. Do not accept any settlement or sign anything without first consulting an attorney. A lawyer can accurately assess the value of your claim, give you personal injury claim advice, and negotiate for maximum compensation on your behalf.
Posting About Your Accident on Social Media
Social media has become second nature. Many people instinctively post about notable life events online, including car crashes and other accidents. But oversharing details about your injury on social media can sabotage your claim.
Insurance companies and their lawyers routinely monitor claimants’ social media activity. They may take your posts out of context to downplay the severity of your injuries. For example, a smiling photo of you at a social event could be used to argue you are not actually in that much pain. Refrain from discussing your accident, injuries, or legal case on any social media platform until your claim is finalized.
Waiting Too Long to File a Claim
In Ohio, you typically have just two years from when you were hurt to take legal action, with a few exceptions. If you try to file a lawsuit after the statute of limitations expires, the court will likely dismiss your case.
Although you may be coping with a lot in the aftermath of a serious accident, it is crucial to get the claims process started as soon as possible. Valuable evidence can disappear, and witnesses’ memories can fade over time. The sooner you involve an attorney, the better.
A lawyer can immediately begin investigating your case and preserving key evidence to build a strong claim for compensation.
Not Hiring a Personal Injury Lawyer
Perhaps the most detrimental mistake injury victims can make is trying to handle their claims entirely on their own. Personal injury law is complicated, especially in Ohio. The insurance company is not on your side and will use its vast resources to pay you as little as possible.
Pursuing a claim is a major undertaking to handle alone when you are trying to recover from serious injuries.
An experienced personal injury lawyer can make all the difference in the outcome of your case by offering personal injury claim advice. A skilled attorney will know how to gather compelling evidence, build a persuasive case, and aggressively advocate for the full and fair compensation you deserve. Studies have shown that injury victims represented by counsel recover substantially more on average than those who represent themselves, even after legal fees.
At Tittle & Perlmuter, we are committed to helping injured Ohioans put their lives back together after an accident.
Get Legal Help Today
The best way to avoid these missteps is to consult with a knowledgeable Ohio personal injury attorney as soon as possible after your accident. At Tittle & Perlmuter, we have a proven track record of helping injured clients get through the claims process and maximizing their financial recovery. If you have been hurt by negligence, contact us today for a case evaluation. We are here to fight for you!
