Top 5 Mistakes to Avoid When Filing a Personal Injury Claim
People injured in car accidents and other personal injury incidents in Chicago could be facing a long road to physical, emotional, and financial recovery. If you are pursuing a claim for damages caused by the accident, it’s important that you are aware of some of the most common mistakes so you can avoid them.
Every case is different, so personalized guidance from an experienced personal injury lawyer is the best option to help you make informed decisions. However, the below mistakes are detrimental to most Chicago personal injury claims.
Mistake #1: Refusing or Postponing Medical Attention
Choosing not to seek medical attention after an accident may be the most damaging mistake you can make. Not only does this severely jeopardize your health, but it may also appear to the other party or to the court that your injuries are not severe. Harm is an essential element of personal injury cases in Illinois; if you did not sustain any harm, you may not be entitled to recover damages. Getting medical treatment immediately after your accident allows you to prioritize your health and your personal injury claim.
Mistake #2: Failing to Preserve Evidence
Obtaining and collecting evidence like photos, medical records, and witness statements is a crucial part of any personal injury claim. Many pieces of evidence that could support your claim are best handled immediately following the accident. For example, pictures or video of the scene of the incident will be more compelling if taken at the time of the accident or immediately after rather than days or weeks later. If you fail to collect and preserve the evidence needed to prove your claim, you may not be awarded financial damages.
Mistake #3: Admitting Fault or Saying Too Much
Depending on the type of accident you’re involved in, you may be required by Illinois law to speak to the other party. After car accidents, for example, state law requires that drivers exchange certain identifying and vehicle information. It’s important that you don’t say too much when speaking to the other party, whether that’s another driver, a property owner, or someone else involved in the incident. Do not admit fault or reveal any information that could hurt your claim.
You should also keep in mind that making statements to insurance adjusters may end up hurting your case. The insurance company could misinterpret your statements and use them against you to deny your claim or limit your settlement amount.
Mistake #4: Accepting the First Settlement Offer
Paying you as little as possible for your injuries is in the best interest of the insurance company, which is why you can’t trust their representatives to offer you a fair settlement amount. The first offer made to injured accident victims is often much lower than the actual value of the claim. Accepting the insurer’s first offer may be tempting in an effort to get the ordeal over with, but doing so can be detrimental to you in the long run.
Mistake #5: Waiting Too Long to Contact an Attorney
In most cases, an injured party in Illinois only has two years to take legal action after an accident. This statute of limitations has some exceptions, but it is best to act quickly so you don’t lose your opportunity to pursue legal remedies. Having an attorney on your side to fight for your rights, negotiate a fair settlement amount, and keep track of deadlines is invaluable.
Contact The CP Law Group to schedule a free consultation with one of our personal injury lawyers. Call us at 844-546-4878 (that’s 844-5-IM-HURT) or contact us on social media @TheCPLawGroup to schedule your free consultation.