5 Common Mistakes That Can Ruin Your Personal Injury Claim
When dealing with the aftermath of a personal injury, filing a successful claim is essential to receiving compensation for your damages. However, even the smallest misstep can jeopardize your case. To ensure the best possible outcome, it’s crucial to avoid common mistakes that could diminish or completely negate your compensation.
This guide outlines five critical mistakes people often make during personal injury claims and offers actionable steps to avoid them.
Failing to Seek Immediate Medical Attention
Why This is a Problem
Delaying medical care after an injury, even if you feel fine, is one of the most significant mistakes people make. Injuries like concussions, internal bleeding, or soft tissue damage may not present symptoms immediately but can worsen over time. Insurance companies may also use this delay to argue that your injuries were not serious or related to the incident.
How to Avoid It
Seek medical attention immediately following the accident, regardless of how minor your injuries may seem. Document every aspect of your treatment, from diagnoses to prescriptions. This creates a clear medical record that links your injuries to the incident, providing vital evidence for your claim.
Providing Too Much Information to Insurance Companies
Why This is a Problem
Insurance adjusters are trained to minimize payouts, and anything you say can be used against you. Providing unnecessary details, making speculative statements, or admitting partial fault can harm your claim.
How to Avoid It
When communicating with insurance companies, stick to the facts. Avoid discussing fault or the extent of your injuries without consulting your attorney. Better yet, let your attorney handle all correspondence with insurers to protect your rights and maximize your compensation.
Not Preserving Evidence
Why This is a Problem
Strong evidence is the foundation of a successful personal injury claim. Without it, proving liability and the extent of your damages becomes significantly more challenging. Critical evidence such as photographs, witness statements, or physical items may be lost if not collected promptly.
How to Avoid It
- Document the Scene: Take photographs or videos of the accident site, injuries, and any property damage.
- Collect Witness Information: Get contact details from anyone who witnessed the incident.
- Preserve Physical Evidence: Keep damaged property, such as torn clothing or dented vehicles, as they may serve as evidence.
- Secure Official Reports: Obtain a copy of the police or incident report.
Ignoring Legal Deadlines (Statute of Limitations)
Why This is a Problem
Every state has a statute of limitations for filing personal injury claims. In Texas, you generally have two years from the date of the injury to file your lawsuit. Missing this deadline typically results in your case being dismissed, leaving you unable to recover any compensation.
How to Avoid It
Act promptly. Consult a personal injury attorney as soon as possible to ensure all deadlines are met. Experienced lawyers like those at McGilberry & Shirer can help you file your claim on time and keep your case moving forward.
Settling Too Quickly
Why This is a Problem
Many victims accept the first settlement offer from insurance companies without understanding the full extent of their damages. This often results in compensation that fails to cover long-term medical expenses, lost wages, or pain and suffering.
How to Avoid It
Avoid accepting any settlement offer without consulting an attorney. A lawyer can accurately calculate your damages, including current and future costs, and negotiate a settlement that truly reflects your losses.
How to Strengthen Your Personal Injury Claim
In addition to avoiding these common mistakes, taking proactive steps can further bolster your claim:
Hire an Experienced Personal Injury Lawyer
An experienced attorney will guide you through the process, handle all negotiations, and represent you in court if necessary. McGilberry & Shirer’s legal team has over 60 years of combined experience and has successfully represented more than 10,000 clients.
Maintain Comprehensive Records
Keep all documentation related to your case, including:
- Medical records and bills
- Accident reports
- Communication with insurance companies
- Records of lost wages and other financial impacts
Be Honest About Your Injuries
Exaggerating or downplaying your injuries can harm your credibility. Be truthful with your attorney, medical providers, and insurance adjusters about the extent of your injuries and their impact on your life.
Why Choose McGilberry & Shirer?
McGilberry & Shirer is a trusted name in personal injury law in Dallas, Fort Worth, and surrounding areas. Here’s why clients consistently choose them:
Proven Results
With over 10,000 successfully represented clients, their track record speaks for itself.
Client-Centered Approach
Their attorneys prioritize your needs, offering personalized legal guidance and support every step of the way.
Comprehensive Expertise
From car accidents to wrongful death cases, McGilberry & Shirer handles a wide range of personal injury claims with unmatched expertise.
Around-the-Clock Availability
Accidents don’t follow a schedule, and neither do they. Their team is available 24/7 to provide assistance when you need it most.
Protect your personal injury claim by partnering with a team that delivers results. Contact McGilberry & Shirer at 972-764-8675 today for a free consultation. With decades of experience and a client-first approach, they are the best personal injury, car accident, truck accident, and bicycle accident attorneys in Dallas and Fort Worth.
