Common Mistakes That Can Hurt Your Personal Injury Case

A personal injury case can make a significant difference in your life, potentially providing compensation for medical expenses, lost wages, and pain and suffering. Unfortunately, many individuals unknowingly make mistakes that can jeopardize their chances of a successful claim. From failing to act quickly after an injury to not properly documenting injuries, these simple errors can weaken and harm your case, potentially leaving you on the hook for all injury-related costs. Knowing the most common personal injury case errors can protect your claim and your future.

Most Common Personal Injury Claim Mistakes to Avoid

Even the strongest cases can fall apart if you make the following legal claim mistakes:

• Failing to Document Injuries – One of the biggest personal injury evidence mistakes is failing to document injuries. Take photos of cuts, casts, bruises, bleeding, or visible injuries immediately after the accident. Keep records of your symptoms, pain levels, and the impact on your daily life.
• Not Seeking Medical Care – Not seeking medical care right after the accidents could signal to insurers and opposing counsel that the accident didn’t cause serious harm. See a doctor after an accident, even if you feel okay, as internal damage or injuries like whiplash take days to appear.
• Missing Deadlines for Injury Claim – The statute of limitations for personal injury claims in Arkansas allows three years from the date of the accident for the victim to file a lawsuit. Missing this deadline results in losing the right to pursue compensation for your injury, no matter how strong your claim, making it critical to file as soon as possible.
• Ignoring Doctor’s Advice – Follow your doctor’s orders carefully once you begin treatment. Ignoring the doctor’s advice or skipping follow-up appointments can make it appear that the injuries aren’t severe. This will further complicate your claim.
• Admitting Fault at Accident Scene – One of the most damaging post-accident mistakes to avoid is admitting fault. Stick to the facts of the accident when speaking to law enforcement or others involved. Avoid speculating or making unnecessary statements. You don’t want to say anything that could jeopardize your claim.
• Signing Legal Documents Too Soon – Insurance companies may pressure you to accept a fast settlement, often offering less than your claim is actually worth. These offers rarely account for future injury costs, lost earning potential, and long-term pain and suffering. Call an attorney before signing anything so they can review the offer.
• Incomplete Injury Documentation – Medical records are the backbone of an injury claim and providing incomplete injury documentation creates gaps that insurance providers can exploit. Make sure your records include all referrals, prescriptions, treatments, and diagnoses.
• Witness Statements Missing – Failing to collect witness statements promptly from eyewitnesses who saw the accident can be an injury lawsuit misstep that weakens your case. Collect witness names, contact information, and their statements as soon as possible.

Tips to Strengthen Your Personal Injury Claim

There are a few steps you can take to preserve your claim and right to pursue compensation, including:

• Documenting Everything – Collect medical records, photos, receipts, and witness contacts. Avoid personal injury evidence mistakes by keeping a dedicated file of all case-related materials.
• Following All Medical Advice – Seek medical help and follow all advice immediately. Waiting too long to see a doctor or neglecting prescribed treatments can create inconsistent medical records, potentially weakening your case. Attend all follow-up appointments to show consistent injury treatment.
• Preserving Accident Evidence – Make sure to keep all accident evidence intact because failing to preserve evidence can weaken the claim by making it harder to prove fault. This includes scene photos of vehicle damage and other items involved in the accident. You’ll need a copy of the police report and other important documentation to support your claim, too.
• Avoiding Social Media Posts – Do not post about the accident or your injuries on social media as insurers and defense attorneys often look for evidence that could undermine your claims. Avoiding posting about the accident or your injuries until the close of your case.
• Contacting an Attorney – Delaying legal consultation can be a costly mistake, as it can result in missing deadlines and losing vital time and evidence for your claim. A lawyer can also protect you against lowball settlement offers that don’t account for all the impacts of your injury.

Contact a Skilled Arkansas Personal Injury Lawyer Today

Knowing that even a small mistake can significantly affect your claim’s outcome can feel overwhelming. Working with an experienced Arkansas personal injury attorney can reduce your anxiety. At McCutchen Napurano - The Law Firm, we help clients avoid common legal claim mistakes by handling their claim from start to finish. We do all the heavy lifting. That allows you to focus on your recovery while we fight for the compensation you need. Call our office today at (479) 783-0036 or contact us online for your free consultation. Let us provide the legal support you need to strengthen your claim and protect your future.