Legal expert providing guidance on steering clear of common errors that reduce the worth of personal injury claims.

How to Avoid Common Mistakes that Devalue Personal Injury Claims

June 29, 2023 | Attorney, Allan Ziffra

As trusted personal injury lawyers, our mission is to advocate for you and make sure you fully understand the processes associated with personal injury claims. We want you to be armed with the knowledge you need to hold those responsible for your injuries accountable.

To that end, we have noticed several common mistakes that victims often make, which can severely devalue their claims. Here, we will guide you through these common pitfalls, so your road to recovery can be as smooth as possible.

Delay in Seeking Medical Attention

The moments immediately following an accident can be overwhelming and disorienting. However, delaying medical attention can severely devalue your personal injury claim. Filing a claim depends heavily on demonstrating a clear linkage between your injuries and the accident. Waiting for weeks or even days before seeing a doctor can weaken this link, as it opens room for doubts about whether the injury is directly linked to the accident. Hence, it’s crucial to get examined by a medical professional as soon as possible after the incident.

Not Following Prescribed Treatment

Once you’ve been examined and given a treatment plan, stick to it. Non-adherence resonates negatively with insurance companies and can be interpreted as an indication that you are not as injured as you claim. Following the prescribed treatment diligently not only aids your recovery but also provides tangible proof of your commitment to getting better.

Failure to Document the Impact of Injuries

The impact of your injuries extends beyond the physical pain. The emotional distress, loss of wages, and inability to engage in daily activities or hobbies you previously enjoyed – are all significant factors that should be documented and considered in your claim. Taking photographs of your injuries, securing copies of medical bills and records, and maintaining a daily diary documenting your physical and emotional health are all crucial steps to build and strengthen your case.

Talking to Insurance Companies Without Legal Advice

Insurance companies are notorious for undervaluing claims and offering victims far less than they deserve. Do not provide any statement or accept any settlement offer without first consulting with a lawyer. Our team at Rue & Ziffra is experienced in dealing with insurers, and we can help ensure you are not pressured into settling for less than your claim is worth.

Social Media – A Double-Edged Sword

In today’s digital age, our first instinct is to share our lives on social media. However, when pursuing a personal injury claim, a simple post can do more harm than good. Friends’ comments expressing sympathy can be twisted to present your injuries as less severe. Photos can be misinterpreted and used against you in court. It is best to avoid using social media as much as possible throughout the duration of your case.

Accepting Initial Settlements

Remember: the first offer is rarely the best offer. Insurance companies are in the business of minimizing payout costs, so their initial proposal is often undervalued. Rejecting the first offer is a standard practice in personal injury cases. Always consult with your lawyer before accepting a settlement.

In conclusion, navigating the world of personal injury law can be complex. Mistakes – even small ones – can severely impact the success and value of your claim. As always, the most effective way to protect your rights and maximize your claim’s value is to hire an experienced attorney.

At Rue & Ziffra, we stand ready to fight for you, guide you through the legal process, and secure the compensation you deserve. Contact us today to start the journey toward the justice you deserve!

Attorney Allan Ziffra

Allan Ziffra

Personal Injury Lawyer

This article has been written and reviewed by Allan Ziffra. Allan L. Ziffra is a founding partner and president of Rue & Ziffra, a personal injury law firm. With over two decades of experience, Allan has litigated cases involving catastrophic injuries, securing over $100 million for clients. He holds a Master of Laws in Taxation from the University of Miami and a JD from Stetson University.

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