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Common Pitfalls in an Personal Injury Case

How to Avoid Common Pitfalls in Personal Injury Claims

March 15, 2024/by Nowell Law Firm

Personal injury claims can be complex and challenging to figure out, especially if you’re also grappling with your injuries and accident-related medical needs. Avoiding common pitfalls is just as important as doing the right things in your claim. Just as taking the right steps after an accident can strengthen your claim, making common errors can hurt your claim and keep you from recovering compensation.

Looking for more personalized assistance with your personal injury claim? The team at Nowell Law Firm is here to help you. Call us at 864-469-2481 to set up a consultation with our team of Spartanburg personal injury lawyers.

Pitfall #1: Not Gathering Enough Evidence

One of the most common pitfalls in personal injury claims is failing to gather sufficient evidence, especially before you leave the scene of your accident. Without strong evidence, it can be challenging to prove liability and show how the accident has harmed you. To avoid this error, be sure to:

  • Collect contact information from witnesses who saw your injury occur
  • Take photographs of the scene, including anything related to your injuries—for example, if you had a slip-and-fall, you might photograph the obstacle you slipped on
  • Obtain a copy of the police report in a vehicle accident and dog bite cases
  • Keep all medical records and documentation related to your injuries

By gathering thorough evidence, you strengthen your personal injury case and bolster your chances of securing fair and full compensation.

Pitfall #2: Not Reporting the Accident

Failing to report the accident to the appropriate authorities can jeopardize your ability to file a personal injury claim later on. Additionally, a report backs up your claim that the accident happened the way you said. It’s essential to report the accident to the police or relevant authorities as soon as possible, especially if there are injuries or property damage. A police report is necessary if you are assaulted, hit by a car, or bitten by a dog. In a slip-and-fall accident, you would report the accident to the property owner and get an accident report from them.

Pitfall #3: Not Seeking Medical Attention

Another common pitfall is failing to seek prompt medical attention after an accident. Even if your injuries seem minor at first, it’s essential to see a doctor as quickly as you can. Delaying medical treatment can worsen your injuries and make it more challenging to link them to the accident. Furthermore, insurance companies may use gaps in medical treatment to argue that you are exaggerating the severity of your injuries. Always prioritize your health by seeking medical attention immediately after a personal injury.

Pitfall #4: Posting About the Accident on Social Media

Sharing details about your accident or injuries on social media can be very damaging to your personal injury claim. Insurance companies and defense attorneys often monitor social media accounts for evidence they can use to dispute your claim. Even seemingly innocent posts or photos can be taken out of context and used against you, as can comments or posts you make. For example, if you post to update your loved ones about your accident, imagine someone commenting jokingly that you should “take the other guy to the cleaners.” You comment back, “Already on it!” with a smiley face. This is just banter between friends, but the insurance company could claim that you are falsifying your injuries and extorting them. Keep your accident off of social media completely until it’s settled.

Pitfall #5: Handling the Personal Injury Claim Alone

Perhaps the most common—and devastating— pitfall in personal injury claims is attempting to handle the claim alone without legal representation. Personal injury law is complex, and insurance companies have teams of adjusters and attorneys working around the clock to limit their liability. This puts you at a significant disadvantage when negotiating with insurance companies. Hiring an experienced personal injury attorney in Spartanburg ensures that your rights are protected.

Reach Out to Nowell Law Firm Today—We’re Here to Help

Whenever you are ready to move forward with your personal injury claim, the team at Nowell Law Firm is here to support and represent you. Set up your free consultation now by calling us at 864-469-2481 or filling out our online contact form.

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