Many people feel like they are navigating a maze while wearing a blindfold when filing a personal injury claim. Not surprisingly, when people go at it alone, they are primed to make a few mistakes. But that doesn’t have to be the case. Below are seven mistakes to avoid when filing a personal injury claim.
1. Failing to Document the Incident
Consider documentation your legal safety net. Without it, you’re walking a tightrope without protection. Essential items include:
- Photographs: Snap clear pictures of injuries, property damage, and the overall scene.
- Witness Information: Collect names and contact details of witnesses.
- Official Reports: Obtain copies of police, incident, and medical reports.
2. Delaying Medical Attention
“Walking it off” may work for sports, but not for personal injury claims. Even if the injury feels minor, a prompt medical exam creates a paper trail that connects the injury to the incident. Make sure to get immediate medical attention and secure access to medical records.
3. Admitting Fault Too Quickly?
That “I’m sorry” at the scene could cost you everything. Under Alabama’s contributory negligence rule, if you’re found even 1% at fault, you may not be able to receive compensation. Be sure to avoid discussing fault at the scene or with insurance adjusters. Instead, consult a lawyer and let them do the talking.
4. Not Consulting a Personal Injury Attorney
Navigating a personal injury claim without legal assistance can be challenging, so don’t DIY it. An attorney can help you understand:
- Complex liability rules
- Statute of limitations
- Government claim requirements
- Settlement negotiations
5. Accepting the First Settlement Offer
Insurance companies aim to settle fast and cheaply. Don’t accept it until you make sure you understand the full scope of your medical costs, lost wages, and future needs. It would be wise to seek legal advice so that an attorney can review the offer and negotiate something that’s actually fair.
6. Failing to Track All Damages
A claim isn’t just about the emergency room bill. Don’t leave money on the table. Track everything including:
- Medical bills
- Lost wages
- Property damage
- Future medical costs
- Pain and suffering
- Transportation to medical appointments
- Home modification needs
7. Missing Deadlines
Alabama isn’t generous with time. The clock starts ticking immediately after the incident. Here are some deadlines:
- General Claims: Alabama law requires most personal injury claims to be filed within two years.
- Claims Against the State: If your claim is against a state or local government, you may have as little as six months to one year to notify the appropriate agency.
- Claims Involving Minors: Different rules apply.
Think of your personal injury claim like a chess game where every move matters. One wrong step can cost you the match. You can avoid that misstep with the help of an experienced attorney. If you’ve had an accident and aren’t sure where to start, schedule a consultation with Timberlake, League & Brooks. Remember, when it comes to personal injury claims, diligence and timely action are your best allies.
