Building a Personal Injury Claim? Avoid These Common Mistakes
On the surface, building a personal injury claim might seem straightforward. Gather evidence, file the necessary paperwork, and things should work out in your favor, right?
The truth, unfortunately, is that building a successful case is far from easy. This is especially true when significant damages are involved since the insurance company or opposing party will have plenty of incentive to challenge your claim. One mistake could be enough to jeopardize your entire case.
Let’s examine some of the most common mistakes that injured parties make when seeking the compensation they need to put their lives back in order:
1. Postponing Treatment
There’s always a lot to do in the aftermath of an accident, but your first priority should be your health. If you fail to seek prompt care and end up suffering complications as a result, the defendant could shift at least some liability your way, thereby reducing your potential recovery.
In that same vein, it’s important to follow your doctor’s orders once you do start treatment. If you’re instructed to take it easy, for example, but you keep working, you could be deemed at least partially liable for the severity of your injuries and the associated damages.
2. Remaining Active on Social Media
The insurance adjuster might be monitoring your social media activity to find reasons to deny or at least devalue your claim. As such, it’s wise to deactivate your accounts until your case has been resolved.
If that’s not an option, avoid posting about:
- The accident in which you were hurt;
- The pending claim;
- Your medical recovery;
- Your expenditures; or
- Your social life.
For added protection, adjust your privacy settings so only approved connections can view your posts. Additionally, ask your friends and loved ones to avoid tagging you or writing about you in their own posts.
3. Giving a Recorded Statement
The insurer may request a recorded statement fairly soon after the accident. They may even insist that they won’t be able to process your claim until you give one. However, providing a recorded statement could give the insurance company more ammunition to dispute your claim. If the insurance adjuster is unrelenting, refer the correspondence to your legal team.
4. Missing Filing Deadlines
If the opposing party disputes liability or otherwise proves uncooperative, you will have a limited amount of time to file the lawsuit. In New York, the statute of limitations for personal injury lawsuits arising from negligence is typically three years. For cases arising from an intentional tort, the statute of limitations is usually just one year.
If you’re seeking damages from a government entity, however, you must submit a Notice of Claim within just 90 days. If your request is denied, you will have one year and 90 days to file a formal lawsuit.
Call 716-855-3761 to Discuss Your Case with a New York Personal Injury Lawyer
If you were seriously hurt through no fault of your own, turn to LoTempio P.C. Law Group’s Boyd L. Earl. For more than 25 years, Boyd L. Earl has been representing injured parties all across western New York. Call 716-855-3761 or fill out our Contact Form to schedule a free case evaluation with a New York personal injury attorney.