personal injury

How to Avoid Common Pitfalls in Personal Injury Claims

If you’ve never pursued a personal injury claim before, it’s easy to make a whole list of mistakes that can weaken your claim or even keep you from seeking compensation. The earlier you learn about this process and how to fight for what you deserve, the less likely you are to make these critical mistakes. Learn more about the most common personal injury pitfalls and how you can avoid them. When you’re ready to get started with your claim, attorney Aaron Luck and the team at McPhillips Shinbaum are here to help. Call us today at 334-262-1911.

Pitfall #1: Not Gathering Evidence

Every successful personal injury claim has a bounty of evidence behind it. The longer you wait to start gathering evidence, the more likely you are to miss out on crucial pieces. Remember that the insurance company has no desire to actually give you the compensation you deserve—they will only do so if they truly have no other option. To put them in that position, you have to have irrefutable evidence.

  • How to avoid this pitfall: If there’s something relevant to your accident or injuries, keep it. This includes photos of where it happened, medical bills, eyewitness statements, and reports from your doctor.

Pitfall #2: Talking to the Other Party’s Insurance Company

Remember, the other party’s insurance company is not your friend. The insurance adjuster might be very nice. They may seem concerned about your injuries. They may even assure you that they just want to get you what you’re owed and be done with the claim. Don’t believe anything and don’t talk to them without your attorney. Their top priorities at all times are to save their company as much money as possible and avoid getting sued. 

They do the first one by paying you as little as possible, and they do the second one by convincing you that their pitiful settlement offer is in your best interests. When you talk to the insurance adjuster, you’re very likely to say something that they can use against you or use to weaken your claim.

  • How to avoid this pitfall: Reach out to a personal injury lawyer in Montgomery before you answer any calls from the insurance company. They’ll likely take over all communication for you.

Pitfall #3: Putting Off Medical Care

The aches and pains you experience after an injury warrant a checkup. A lot of people put off that initial checkup because they’re afraid of the cost of medical care or they’re certain their symptoms will go away. Unfortunately, every day you wait to seek medical care after an injury can harm your case. 

The longer you wait, the easier it is for the other party to point out that your injuries could have been caused by anything between your accident and subsequent injuries. The insurance company is already bending over backward to look for reasons to deny you compensation—don’t make it easier for them by waiting weeks or months to get checked out by a doctor.

  • How to avoid this pitfall: Make it a priority to go to the doctor as soon as possible after an injury. You don’t even necessarily have to go to the emergency room unless you are seriously injured enough to warrant it. You may want to get checked out at an urgent care clinic, walk-in clinic, or general practitioner’s office. From there, you can find out what type of care you need.

Pitfall #4: Waiting to Hire an Attorney

Too many people wait to hire an attorney until they have no other option. They try to save time by negotiating with the insurance company on their own, only to be disappointed by what they offer. When their negotiations go nowhere, then they talk to a lawyer. Of course, it’s better late than never—but at that point, they have already harmed their own case and put themselves in a bad negotiating position.

  • How to avoid this pitfall: Talk to an attorney as early in the process as possible. Don’t risk your claim by taking a DIY approach to it.

Fight for the Compensation You Deserve with McPhillips Shinbaum

When you’re owed compensation, turn to Aaron Luck and the team at McPhillips Shinbaum. Call us at 334-262-1911 or contact us online to set up a consultation with our team now.