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Mistakes to Avoid in a Personal Injury Claim

Our Sandy Springs personal injury lawyer team has put together a list of the most common mistakes to avoid in a personal injury claim if you want to be fairly compensated. The Sandy Springs and Atlanta personal injury lawyers at Ashenden & Associates, P.C. are adept in representing victims and helping them avoid common mistakes by working with insurance companies on their behalf to pursue fair compensation.

Letting an experienced attorney handle filing a personal injury or insurance claim can help ensure you avoid making mistakes that could cost you more money down the road. Our attorney team understands the long-term implications of car accidents, slip and fall accidents, premises liability accidents, and other forms of personal injuries and knows how to calculate the long-term medical care costs and potential lost wages associated with personal injuries.

We’re extremely skilled at settlement negotiations and work hard to ensure clients are fairly compensated within the legal time limit. Our Sandy Springs lawyers also have the experience required to build strong personal injury cases and can provide legal representation both in and out of the courtroom. 

To learn about your legal options and schedule a free case review with an experienced personal injury attorney from Ashenden & Associates, call 770-394-8909.

mistakes to avoid in a personal injury claim

How Personal Injury Claims Work in Georgia

Before we get into the common mistakes victims make in personal injury claim cases, let’s go over how personal injury cases work. A personal injury case is a legal proceeding in which personal injury victims file suit against the person who caused their injuries (the defendant) for compensation. 

Filing a personal injury lawsuit is only an option in cases where the 4 d’s of negligence are involved: duty, duty breach, direct cause, and damages. Damages can include lost wages, cost of medical help, etc.

Regarding auto accident injury cases, different states have different laws. Georgia is an at-fault state. This means that when someone is injured in a car accident, they can file an injury claim with the at-fault party’s insurance company.

However, if their insurance company refuses to cover their injuries, or if the insurance adjuster doesn’t offer fair compensation to cover their losses, the victim can file a personal injury claim against the person who caused their injuries. 

Personal Injury Claim Mistakes to Avoid

In many personal injury cases, victims make costly mistakes that ruin their chances of full compensation. Here are some of the most costly mistakes to avoid before filing a personal injury claim.

personal injury claim mistakes

Not Calling the Police at the Accident Scene

One of the common mistakes to avoid in personal injury claims is neglecting to call the police immediately, especially in the event of a car accident. Law enforcement officers can thoroughly document the incident, gather witness statements, and create an official police report. Failing to have a police report filed can hinder the victim’s ability to establish liability.

Not Documenting All the Evidence at the Scene

One of the more common mistakes is not documenting all evidence at the scene. This includes taking photos of the surroundings, vehicle damage, and any visible personal injuries. By documenting the scene, victims gather crucial evidence that can help support their injury claim.

When overlooked, victims may lack the evidence needed in their injury claims, making it nearly impossible to secure fair compensation.

Not Asking for a Copy of the Police Report

Many victims fail to realize that they can ask for a copy of the police report filed after their accident. This report often contains essential details, witness statements, and the officer’s assessment of fault. Failing to request a copy can also hinder the victim’s ability to dispute inaccuracies or discrepancies with the insurance company later on. 

Profusely Apologizing to the Other Party

One crucial mistake to avoid in a personal injury claim is profusely apologizing to other parties. While expressing empathy is natural, saying “sorry” after an accident can be seen as admitting fault or guilt, which can have adverse effects on a person’s case.

Not Seeking Medical Attention

You should always seek medical attention following an accident. Seeking immediate medical attention ensures that your injuries are seen and you receive medical treatment as soon as possible as well as supplies the medical records required for future claims. After an accident, adrenaline can mask the pain from your injuries, making it difficult to determine if you have a serious injury.

Medical professionals can ensure that any injuries are addressed and also recorded in your medical records, which can help in a future accident claim. Receiving medical treatment right after the accident also establishes a clear connection between the accident and any subsequent health issues.

Disobeying Doctor’s Orders

Even after seeking medical treatment, many victims disobey their doctor’s orders. While it may seem minor, disobeying prescribed treatments or neglecting follow-up appointments can be detrimental to a personal injury claim.

Insurance companies and opposing lawyers may argue that the victim’s non-compliance with medical care, as outlined in the medical records, contributed to the severity of their injuries, which can shift some of the blame away from the negligent party and onto the victim.

Giving a Recorded Statement to an Insurance Adjuster

Another crucial mistake to avoid in personal injury claims is providing a recorded statement to insurance adjusters without a lawyer present. Insurance companies may use recorded statements to minimize liability and limit compensation.

It’s always advisable to consult with an attorney before making any statements, ensuring that any information provided to the insurance company is in your best interest.

mistakes in a personal injury case

Signing a Release for a Settlement Offer

One of the pitfalls to steer clear of is hastily signing a release for a settlement offer without a thorough evaluation. Insurance companies and lawyers often offer victims what seems like a fair settlement that, in reality, isn’t enough to cover the damages they’ve suffered. If the victim signs the release for the settlement, future settlement negotiations are off the table, absolving the negligence party from further liability and leaving the victim unable to pursue fair compensation. 

If you are offered a settlement by the insurance company of opposing counsel, it’s essential to consult with a personal injury lawyer. They can scrutinize the terms of the settlement and ensure that the compensation offered can adequately address the full extent of your damages. 

Posting Personal Injury Matters on Social Media Accounts

Sharing all the details of an accident on social media accounts can actually be used against you in court.

Insurance adjusters and opposing parties often use social media posts as evidence, scrutinizing any public statements made regarding the accident. It’s advisable to refrain from discussing the case on social platforms to safeguard the integrity of your personal injury claim and ensure a favorable outcome.

Not Calling an Experienced Personal Injury Attorney

One of the biggest mistakes people can make after an accident is failing to contact a personal injury lawyer regarding their case. An experienced personal injury lawyer will have the expertise needed to navigate the complex legal system, assess the true value of your claim, and negotiate with insurance companies and opposing counsel on your behalf.

If you call an injury attorney after your accident (especially before speaking to the insurance company), they can inform you of your legal options. They’ll be able to guide you through every step of the process, ensuring you avoid mistakes on your way toward compensation. Consulting with a skilled attorney is crucial to ensuring your rights are protected and maximizing the chances of a favorable outcome.

civil lawsuit mistakes

How Do You Win a Personal Injury Lawsuit in Georgia?

Winning a personal injury case is never guaranteed. However, when filing a personal injury claim, victims must be able to establish liability, calculate their damages, and adhere to the statute of limitations and legal requirements in order to secure a favorable outcome. The best way to ensure these criteria are met is by hiring a personal injury lawyer. 

A personal injury lawyer plays a pivotal role in steering your case toward success. They can assess the unique circumstances of your situation and identify potential challenges you and your claim may face. They can also negotiate on your behalf to ensure you receive compensation that actually covers the extent of your losses. 

If you are looking for a legal advocate who can help ensure your case is handled with compassion and expertise, the dedicated team of injury attorneys at Ashenden & Associates is here for you. We can help build a compelling case that enhances your chances of success, ensuring your rights are protected every step of the way.

What is the Statute of Limitations on Personal Injury Claims in Georgia?

Personal injury claims have certain restrictions that can prevent victims from receiving full compensation. The most notable limitation on a personal injury claim is the statute of limitations, which is the time frame in which the victim has to file their claim. In Georgia, personal injury victims must file a claim within two years of their accident. The same deadline applies to filing a wrongful death lawsuit.

common mistakes that ruin your personal injury case

Sandy Springs Personal Injury Attorneys

The personal injury attorneys at Ashenden & Associates are prepared to act as your personal legal advocates, providing you with the knowledge and insight you need to make informed decisions regarding your personal injury case. 

Our seasoned attorneys bring a wealth of experience to every case we take on and are committed to providing clients with the advocacy they need and deserve. We understand the challenges victims can face in the wake of an accident, and our empathetic approach ensures that our clients’ concerns are heard and addressed with the utmost professionalism. 

Take your first step toward fair compensation–call our law office at 770-394-8909 or contact us online to schedule a free consultation with a member of our team today.