Things That May Hurt Your Personal Injury Claim

Posted on behalf of James Lynch on August 19, 2019  in Personal Injury News. Updated on March 2, 2022

things that may hurt a personal injury claimFiling a personal injury claim allows victims to pursue compensation for damages associated with injuries caused be another party, such as for medical care, lost wages or even pain and suffering. As you pursue such a claim, it is important to take care not to sabotage your case. There are certain things you want to avoid doing that may hurt your chances of recovering fair compensation.

Our licensed attorneys at Lynch Law Firm, PC can help guide you through the claims process after suffering an injury in an accident. We know what it takes to build a strong personal injury case in your favor.

Wait Too Long to Take Legal Action

While it is not always possible to take immediate legal action following an accident due to the severity of your injuries, it is critical that you make an effort to do so as soon as you are able. Evidence can become lost or forgotten over time if quick efforts are not made to preserve it.

As soon as you are able, write down your personal account of what happened, recording all relevant information no matter how minor it may seem. Collect the names and contact information of all witnesses at the accident scene – your attorney can contact these witnesses for statements that may be used to build your case.

Another reason you want to take legal action as soon as possible is to avoid issues with the statute of limitations. This is the legal timeframe you have to take action following an incident, which is two years from the date of the accident in most cases in New Jersey. After the statute of limitations has expired, you are unlikely to be able to pursue legal action.

Lie or Exaggerate About Your Injuries

After you have sustained an injury, it is important that you stick to the facts whenever you must speak about the incident that caused your injury or the injury itself. Do not make false claims or exaggerate the severity of your injuries.

When speaking to the insurance company, your physician or attorneys regarding your claim, lying or exaggerations could complicate your situation. Lying to the insurance company may hurt your claim or even result in insurance fraud charges. Lying to your doctor could interfere with accurate diagnosis or treatment. Lying to your attorney could interfere with your case and his or her ability to negotiate a fair settlement for you.

Fail to Follow Medical Treatments

It is important that you follow your physician’s treatment plan after any injury. Not only is this vital so you make a strong recovery, but it is vital to your personal injury claim. If you fail to follow doctor’s orders, your actions may worsen your injuries.

Missing appointments or otherwise failing to follow through with your doctor’s medical advice can be used against you by the insurance company. The insurer may use your actions or lack thereof as evidence that your injury is not as severe as you claim.

Discuss Your Case on Social Media

While many people use social media as a way to update friends and family regarding one’s life, it is important that you keep information about your personal injury case and your injuries off these platforms. This includes photos and statements about the accident and your injuries, as well as photos and statements about your life and activities following the accident.

Refrain from posting any information that could be used against you by the insurance company while your claim is open. Lock down your privacy settings – set your profile to private and do not accept new friend requests during this time. Also, ask your friends and family not to tag you in photos or mention you in any way on their personal social media accounts. Turn on settings that require your approval.

Sign Anything Without Consulting a Lawyer

Insurance companies are in the business of saving themselves money. The settlement amount offered may not necessarily be in your favor. Before accepting a settlement offer or signing any other document from the insurance company, we recommend you seek legal representation.

An attorney can represent your interests and work to determine a fair compensation value for your injuries. This can include taking into account current medical expenses as well as expenses associated with any future treatment, as well as other possible losses such as:

  • Lost wages
  • Lost earning capacity
  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of consortium

Learn More About Your Rights Today

If you were injured by another party’s negligent actions, you may be eligible for compensation for your medical bills, lost wages, and pain and suffering. Our New Jersey personal injury attorneys know what it takes to protect our clients’ rights, build a strong case and help them recover maximum compensation.

Request a free, no obligation consultation with our firm today. There are no upfront fees and payment is only due if we recover compensation for you.

Call (800) 518-0508 today.

* Results may vary depending on your particular facts and legal circumstances.

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