When you’ve been injured in an accident, the process of filing a personal injury claim can be overwhelming. Between dealing with medical treatment, lost wages, and emotional stress, navigating the legal process can feel like an additional burden. While you’re focused on healing, it’s crucial to avoid certain mistakes that can hurt your claim. Understanding what these common errors are and how to avoid them will help you pursue the compensation you deserve.

Here are some of the most frequent mistakes people make during their personal injury claims in Pennsylvania, and how you can protect your interests.

Failing to Seek Immediate Medical Attention

One of the first and most significant mistakes you can make is not getting medical attention right after an accident. Even if you feel fine, many injuries, such as whiplash or concussions, may not show immediate symptoms. A delay in seeking medical treatment can not only harm your health but also hurt your personal injury claim.

Insurance companies and opposing parties often argue that if you didn’t seek treatment right away, your injuries weren’t serious or weren’t caused by the accident. It’s important to get checked out by a doctor as soon as possible, even if your injuries seem minor. This creates a clear link between the accident and your injuries, which is essential for your claim.

Underestimating the Importance of Documentation

A lack of documentation can significantly weaken your case. From the moment the accident happens, it’s important to document everything. This includes taking pictures of the scene, your injuries, and any property damage. Be sure to gather the contact information of witnesses and other parties involved in the accident, as they can provide valuable testimony later on.

Additionally, keep records of your medical treatment, including doctors’ visits, prescriptions, bills, and any lost wages due to the accident. This documentation will support your claim for damages and help prove the full extent of your injuries. Without proper records, it can be difficult to establish the financial losses you’ve suffered.

Admitting Fault or Downplaying Injuries

When you’re involved in an accident, it’s important to remember that you don’t need to make statements to anyone except your lawyer. Admitting fault, even partially, can harm your case. Many times, injuries in an accident are caused by a variety of factors, and assigning blame too early can leave you at a disadvantage.

Similarly, don’t downplay your injuries when speaking to anyone, even if the injuries seem minor at first. People often try to minimize their pain because they don’t want to appear weak or make a claim seem exaggerated. However, doing so can make it harder to prove the extent of your injuries later. Always be honest about your symptoms and how the injury is impacting your daily life.

Not Consulting with a Personal Injury Lawyer

One of the biggest mistakes people make in personal injury cases is not consulting with a lawyer early enough. While some people believe they can handle a claim on their own or that a lawyer is unnecessary, this can be a costly mistake. Insurance companies and defense lawyers are skilled at minimizing payouts, and without legal representation, you may not receive the full compensation you deserve.

A personal injury lawyer can provide invaluable assistance in investigating your case, gathering evidence, negotiating with insurance companies, and handling paperwork. If your case goes to trial, having an experienced lawyer on your side can make all the difference in achieving a successful outcome.

Accepting an Early Settlement Offer

After an accident, insurance companies may offer you a quick settlement to resolve the case. While it may seem tempting to accept this offer and move on, it’s essential to consider all factors before agreeing to any settlement.

Initial settlement offers are often much lower than what you could potentially receive after thorough negotiations or a trial. They may not account for long-term medical costs, future lost wages, or ongoing pain and suffering. It’s critical to consult with your attorney before accepting any offer to ensure you aren’t shortchanged.

Failing to Be Careful with Social Media Posts

In today’s digital age, social media can be both a blessing and a curse when it comes to personal injury claims. Insurance adjusters and defense lawyers may search your social media accounts to find posts or photos that could hurt your case. Even if you believe your posts are private, there is always a chance they could be discovered.

Avoid posting anything related to your accident, your injuries, or your recovery on social media. This includes photos, comments, or updates that may suggest you are feeling better or engaging in activities you claimed you couldn’t do due to the injury. Social media can be used against you, so it’s safest to refrain from posting anything until your claim is resolved.

Not Understanding the Statute of Limitations

In Pennsylvania, the statute of limitations for personal injury claims is generally two years from the date of the accident. If you don’t file a claim within this time frame, you may lose your right to pursue compensation altogether. While there are some exceptions to this rule, it’s essential to act quickly after an injury to avoid missing important deadlines.

Contacting a lawyer as soon as possible after your accident can help ensure that all necessary steps are taken promptly and within the required timeframe. This includes gathering evidence, speaking with witnesses, and filing any necessary paperwork.

Overlooking the Impact of Pre-Existing Conditions

If you have pre-existing conditions that were aggravated by the accident, it’s important to disclose this information to your lawyer. While pre-existing conditions can complicate a claim, they don’t necessarily bar you from receiving compensation. In fact, you may still be entitled to damages for the aggravation of your pre-existing injury or condition caused by the accident.

Failing to disclose pre-existing conditions can lead to problems down the line, especially if the insurance company tries to argue that your injuries are unrelated to the accident. Full transparency with your lawyer ensures that you receive the best possible legal strategy.

Not Being Patient with the Claims Process

Personal injury claims take time, especially if negotiations or a trial are involved. Some clients become frustrated with the length of the process and try to rush things. However, being impatient can hurt your case. Rushing a settlement may result in a lower payout, and pushing for a quick resolution can prevent you from fully understanding the impact of your injuries.

It’s important to remain patient and let your attorney work through the process. While it may take time, the end result will often be worth the wait.

Conclusion

Personal injury claims can be complex, but avoiding these common mistakes will help improve your chances of receiving the compensation you deserve. From seeking medical attention right away to consulting with an experienced personal injury lawyer, being mindful of these factors can protect your legal rights.

At Kingbird Legal, we understand how stressful and overwhelming the aftermath of an injury can be. Our team is here to help you navigate the process and ensure you receive fair compensation for your injuries. If you’ve been injured in an accident, don’t hesitate to contact us today for a consultation. We’ll work with you every step of the way to protect your interests and fight for the best possible outcome.