Just about everyone that has ever attempted to file a personal injury claim has made one of 5 simple but common mistakes. Commission of such an error can keep an injured claimant from winning his or her case.
Mistakes made at the scene of the accident
Failing to accept an offer of transportation to a hospital or clinic. The victim must make it obvious that he or she has been injured. Victims that refuse an offered ride to a medical facility leave open the question of whether or not any one of those same victims was really injured.
Claiming the absence of an injury. An accident victim cannot know for sure whether or not a given incident has caused harm to the driver, or any passengers. For that reason, a victim’s comments regarding the existence or non-existence of any injuries represents a failure to understand the nature of the process for filing a personal injury claim.
Mistakes made after being contacted by the insurance adjuster
Taking part in the negotiating process, while left without a lawyer’s guidance. Personal Injury Lawyer in Kitchener understand how to respond to the adjuster’s different tactics. For instance, an attorney knows not to accept the adjuster’s first offer. By the same token, a lawyer has learned how to deal with an adjuster’s desire to end the negotiations as soon as possible. Talking with any representative from the insurance company. Any one of them could share the information acquired with the adjuster.
Exaggerating the sustained injuries: Adjusters hire investigators, who follow the claimant. The investigators look for evidence that the claimant can perform tasks that he or she as claimed were too difficult to carry out, due to the burden of the accident-acquired injuries.
Not filing the claim before the deadline that has been imposed by the statute of limitations. This is the most unfortunate of the main types of errors made by claimants.
An attorney can take actions to correct a mistake such as not seeing the doctor as soon as possible. A lawyer can also take remedial action, if a client has failed to admit the existence of an injury.
By the same token, a client’s errors can be fixed, if that claimant/client has not waited until the last minute to file a claim. Fixable errors include the task of covering up for a comment that has exaggerated the client’s injuries.
Still, there is one mistake that leads to an irreversible conclusion. That is the act of failing to file a personal injury claim before the established deadline.
That mistake brings a quick and irreversible end to the claimant’s planned efforts at filing a personal injury claim. The court forbids the filing of such a claim.