SE HABLA ESPANOL
Free Consultation
5 Common Mistakes to Avoid When Filing a Personal Injury Claim
The personal injury attorneys at Scartelli Olszewski, P.C. have seen countless cases where people made critical mistakes when filing a personal injury claim because they didn’t have an attorney to help them. These errors can significantly impact the outcome of their case and result in them receiving less compensation than they deserve, if any compensation at all.
To prevent this from happening to you, we have compiled a list of the most common mistakes people make when filing a personal injury claim. We hope that by sharing this information, we can help you ensure that your case is handled effectively. The best way to make sure you never make these costly mistakes, even by accident, is to contact the personal injury attorneys at Scartelli Olszewski, P.C. We can guide you through the process.
Common Mistakes You Need to Avoid When Filing Your Personal Injury Claims
#1. Not Seeking Medical Attention Immediately
The first mistake people often make after sustaining an injury is not seeking medical attention immediately. This can be due to shock, denial, or simply not wanting to deal with the inconvenience of going to a doctor. However, delaying medical treatment can harm your case in two ways.
Firstly, delaying medical treatment can worsen your injuries. If your injuries are serious enough, you can allow an injury to worsen to the point of causing permanent damage or even death. Your health is the most important thing, so be sure to care for it.
Secondly, it can make it challenging to prove that your injury was a direct result of the accident. Insurance companies may argue that your injuries were caused by something else if you did not seek medical attention right away. Doctors are trusted sources not only for diagnosing the problem but also for putting it on the official record.
#2. Recorded Statement Without Legal Representation
It’s important to remember insurance companies are not your friend. Insurance companies will often try to get a recorded statement from the injured party shortly after an accident. They may frame it as an innocent conversation, but in reality, they are looking for ways to minimize their client’s liability and/or reduce the compensation they have to give out.
Giving a recorded statement without legal representation can be detrimental to your case. The insurance company’s questions may be designed to elicit information that can harm your claim. It is best to consult with a personal injury attorney before giving any statements or signing any documents, even if it’s clear you’re not at fault.
#3. Not Gathering Sufficient Evidence
The success of a personal injury claim often hinges on the evidence presented. If you or someone else is able, it is essential to gather as much evidence as possible at the scene of the accident. This can include:
- Taking pictures
- Obtaining contact information from witnesses
- Keeping track of any medical treatment or expenses related to your injuries
Many people make the mistake of assuming that their memory or word is enough to support their claim. However, memories can fade over time, and insurance companies know to use this to dispute your version of events. It is always better to have concrete evidence to back up your claims.
#4. Accepting a Settlement Without Consulting an Attorney
After an accident, you may receive a settlement offer from the offender’s insurance company. While it may be tempting to accept it and move on from the ordeal, it is crucial to consult with a personal injury attorney before doing so. The odds are good that they were not offering what your injury was worth. It’s almost guaranteed that they will offer the bare minimum to you relatively quickly after you file your claim.
Insurance companies often offer low settlements in hopes that you will accept without questioning the true worth of your injury. An experienced attorney can review the details of your case and advise you on whether the settlement offer is fair or if you should negotiate for more. Accepting a low settlement can mean missing out on the compensation you rightfully deserve.
#5. Waiting Too Long to File a Claim
In Pennsylvania, like most states, there is a statute of limitations for filing personal injury claims. This means that if you wait too long to file your claim, you may lose your right to seek compensation altogether.
It is essential to consult with an attorney as soon as possible after an accident to ensure that your claim is filed correctly and within the statute of limitations. Your attorney can also help you gather evidence, negotiate with insurance companies, and handle any other legal matters related to your case.
Contact the Personal Injury Attorneys at Scartelli Olszewski, P.C.
Filing a personal injury claim can be a complex and challenging process. Understandably, people make mistakes as it is something that they have never encountered before. However, by avoiding these common mistakes, you can increase your chances of receiving fair compensation for your injuries. If you have been injured in an accident, we strongly recommend seeking legal representation to guide you through the process and protect your rights.
At Scartelli Olszewski, P.C., our team of experienced personal injury attorneys is dedicated to helping victims receive the justice and compensation they deserve. Contact us today for a free consultation and let us fight for your rights.
