Mistakes That Could Ruin Your Personal Injury Claim in Massachusetts
After an accident, you may be focused on reporting the incident, making sure you’re safe, and taking time off from work. However, if you plan on seeking compensation with a personal injury claim, it’s important to think about your legal options from the very beginning. The choices you make at this stage may determine the strength of your claim, or if you have one at all.
One of the easiest ways to avoid these mistakes is to work with a personal injury lawyer from the beginning. Call the Law Offices of Gerald J. Noonan today to discuss your next steps right away.
Mistake 1: Delaying medical treatment
Medical care is expensive and inconvenient, so it’s not a huge surprise that people may wait to see a doctor, especially if they think they’re okay after a crash. But waiting comes with a price. You may lose the ability to tie the accident to your injuries and even see your condition worsen if you don’t get diagnosed right away.
Mistake 2: Ignoring medical advice
Once you see a doctor, it’s important to take their advice seriously and follow their treatment plan. This plays a big role in your personal injury claim. Insurance companies will only pay what they must, and if you don’t appear to be committed to recovering from your injury, that gives them room to claim that you are making your condition worse. Avoid skipping appointments, going against your doctor’s recommended limitations, or returning to work before you are cleared to. Keep track of your appointments, what you do to follow your doctor’s care plan, and how your symptoms progress.
Mistake 3: Posting on social media
Social media is a great way to keep loved ones informed of your condition after an accident, which is exactly why insurance companies love to check out victims’ social media profiles in the days, weeks, and months after an incident. Anything you post can be used against you in court or during settlement negotiations. If you have posts of you going out with friends, working, or otherwise living your normal day-to-day life, the insurance company may use that as evidence that you’re not truly injured. You could lose your entire settlement offer this way. Even innocent update posts can be misconstrued and used against you, so avoid talking about the accident until the claim process is over. You may even want to take a social media break entirely.
Mistake 4: Giving a recorded statement
You generally are not required to give a recorded statement to the other driver’s insurer. However, your own insurer may require cooperation under your policy when you’re seeking benefits or coverage, so talk to a lawyer before giving any recorded statement to any insurer. Insurance adjusters are very good at framing their requests in a way that makes you feel like you can’t say no, but be wary. If you give a recorded statement, be prepared for the insurance company to pick it apart piece by piece. Anything that they can use against you will be used to discredit your case or drive down the value of your claim. Instead, talk to your attorney and let them handle all communication with the other party’s insurance provider.
Mistake 5: Accepting a quick settlement offer
You may think that a fast settlement offer is all upside, no risk. The fact is that if the insurance company is calling and offering you a settlement, that likely means that they suspect their client could be at fault and want to settle quickly to get rid of the claim. Their goal is to get you to accept as little as possible and waive your right to sue—before you learn of any serious injuries or other losses that may lead you to ask for more. Remember, insurance companies are in the business of making money, so they aren’t going to offer more out of the kindness of their hearts. You should view their quick offer as a starting point, not a finish line.
Mistake 6: Forgetting to preserve evidence
Evidence is the backbone of your personal injury claim, whether it’s a dog attack, car accident, or slip and fall. Not keeping relevant evidence can weaken your claim or even put you in a position where you have no negotiating power at all. Take pictures of where the injury occurred, what your injury looked like immediately afterward, and any physical damage. You can also get contact information from eyewitnesses and a police or incident report. Once you retain a personal injury lawyer, pass the evidence along to them and let them take over from there.
Mistake 7: Not reporting the accident
Where you report the accident depends on what type of accident it was. If it was a slip and fall, you’ll need to let the property owner know. If you were injured on a commercial property, they’ll likely have an official incident form you can fill out and return. If you were hit by a car or attacked by a dog, you should report the accident to the police and get a police report.
Mistake 8: Tackling your claim alone
If you’re owed compensation, plan on an uphill battle and lots of pushback from the liable party’s insurance company. Unfortunately, if you take a DIY approach to getting the compensation you’re owed, it’s easy to make these and other mistakes, and once you’ve told the insurance company something, you can’t take it back. Instead of trying to take on the insurance company alone, talk to a personal injury attorney in Massachusetts who can learn more about your injuries, build a case for you, and advocate for you during negotiations and in the courtroom.
Take the first step and contact us now
If you’ve been injured by someone else’s negligence, you deserve a chance to fight for compensation. Reach out to our firm online or call us today to set up a time to talk now.