Avoid These Common Personal Injury Claim Mistakes
These are some common mistakes to avoid in a personal injury claim, and our legal guide explains the top 7.
Most Queenslanders will only ever need to make a personal injury compensation claim once in their lives. So it’s understandable to be uncertain about this sometimes daunting process and what you need to do to have a successful outcome.
Regardless of whether you have a car accident, work injury or accident in a public place, knowing the common mistakes to avoid for personal injury claims can be the difference between getting the maximum compensation or a denied claim.
Our legal guide explains the common pitfalls for personal injury claims and what you should do to receive fair compensation.
Personal injury laws are complex and can be a major challenge for anyone making a personal injury claim. But an experienced personal injury lawyer knows the claim process, your legal rights, and all the important details you need for a successful outcome.
- Getting early legal guidance from a compensation law firm can help you avoid the common mistakes for personal injury claims like accepting a low settlement offer or discussing your case with an insurance adjuster.
- An experienced personal injury attorney knows the personal injury claim process and the claim deadlines, and ensures you follow the correct steps to a fair outcome.
- Missing deadlines can result in losing your right to compensation.
1. Not Getting Medical Treatment
- Not getting immediate medical attention is a common mistake that can affect both your recovery and your personal injury claim, as early treatment by a healthcare professional creates important medical evidence and helps you recover.
- Delaying treatment can complicate recovery and increase costs.
- Fast medical care can also assess the extent of injuries like soft tissue damage, that can take time to develop. In fact, some injuries can worsen without immediate medical attention, like internal organ damage.
- CTP insurance companies and WorkCover often view delayed medical care as an indicator that your injuries were not serious or caused by your accident. That’s why delayed medical treatment can often reduce settlements or lead to denials.
Missing medical appointments can suggest an injury is not serious. That’s why you should always:
- Attend follow-up appointments and your scheduled appointments
- Follow your plan for ongoing care
- Get copies of your medical records, which are required for medical evidence
- Follow your doctor’s advice
2. Failing to Attend an Independent Medical Examinations (IME)
You will likely need to attend an Independent Medical Examination (IME) during the claims process. This assessment is used to determine:
- The extent of your injuries
- How well you are recovering
- How much compensation you receive in a payout
An independent healthcare professional (usually a specialist doctor) performs this assessment. They will not treat your injuries.
- These doctors are generally fully booked out months in advance, so skipping an appointment can delay a compensation payout
- Missed appointments and last-minute cancellations can also result in a fee of thousands.
We suggest that you continue to keep up with your medical appointments because they document your healing and create a record of your medical bills.
Missing an appointment can hurt your claim by damaging the detailed records you need to build a strong personal injury claim.
3. Admitting Fault or Apologising
Another common mistake for personal injury claims is apologising after an accident.
If you are a kind or reasonable person, you might feel tempted to apologise to other parties after a motor vehicle accident (or other incident). Under personal injury law, you can be admitting fault when apologising, as you are saying that you helped cause the incident.
- This principle is known as ‘contributory negligence’, and it can reduce your compensation payout by your level of contribution.
- A personal injury attorney would seek to negotiate your level of contribution down. But the best strategy is to say nothing.
On the other hand, if the other party involved apologises, you should note the incident in your claim diary and inform your lawyer.
4. Not Updating Your Lawyer
Failing to update your lawyer is another common error when making a personal injury claim in Australia.
An experienced personal injury attorney should know about any changes in your physical or psychological condition, your job status and changes to your treatment plan. All of these can affect the claims process and outcome.
- An informed lawyer can act fast on your behalf by taking care of any fresh developments that could damage your case outcome.
- Not updating your solicitor could lead to delays or a missed chance to improve your final settlement.
You should have legal representation when you are giving a recorded statement to an insurance adjuster because insurance companies employ legal teams to reduce their liability to pay compensation.
If you talk with the insurer or the opposing party without a lawyer, you can make inconsistent statements, allow them to shift blame, and take other actions that damage your legal case.
5. Failing to Mention Prior Injuries
Another common pitfall for personal injury cases is failing to disclose your medical history. You must be truthful when making a personal injury claim because any prior injuries that impact new injuries can affect your claim. In fact, failing to disclose previous injuries can damage a personal injury case.
- An insurance company may do an extensive background check of your financial or medical records. These documents are crucial evidence that insurers can use to reduce or deny compensation.
- If they learn you have undisclosed injuries before the accident, they can say that your new injuries are from those pre-existing conditions instead of the recent accident.
The best plan is to be honest about any relevant previous injuries because this step gives you credibility and helps you have a successful personal injury claim.
6. Posting on Social Media
Can posting on social media hurt a claim? Yes, it can, because in today’s digital age it is easy to collate information that is posted online.
- Insurance companies are using increasingly sophisticated social media monitoring tools, which means posting about your accident can be detrimental to your case.
- A single social media post can undermine your injury claim.
- Deleting posts after an accident raises suspicion of tampering.
- The best plan is to avoid discussing your accident or injuries with anyone online.
- Legal representation can explain if and how you can post on social media or what to do if the insurer makes an early offer.
7. Accepting a Low Settlement Offer
Another common mistake to avoid is accepting an early offer from an insurance company.
Communicating early with insurers can damage a personal injury case because early settlement offers are often lowball amounts. Accepting the first offer also limits your negotiation options. Insurers will try this tactic with self-represented claimants, which is why you should seek advice from a lawyer prior to agreeing to an offer.
A qualified personal injury attorney understands how personal injury law uses ‘heads of damages’ to determine a fair settlement. These include:
- Physical pain and emotional distress
- Lost wages and superannuation
- Property damage
- Medical bills and rehab expenses
- An insurer will push for an early settlement that does not account for the full impact of an injury or the maximum compensation.
- But if you keep detailed records of expenses and medical evidence, a skilled lawyer can prepare an accurate statement of damages that reflects the full impact of injuries.
- If you accept an offer, you cannot claim for ongoing care and other losses after a payout.
Conclusion
You can increase your chance of receiving fair compensation if you know the common mistakes for personal injury claims. This knowledge can also make a significant difference in the final settlement.
When making a personal injury claim, you should:
- Get early medical treatment
- Not apologise
- Show up at IME appointments
- Update your lawyer
- Avoid posting on social media
- Be honest about your prior injuries
- And don’t accept early settlement offers
Remember the following:
- Private social media accounts can still be accessed by courts.
- Legal representation ensures proper documentation and communication.
- Talking to the insurance adjuster without legal guidance is risky.
- Delaying medical treatment can reduce settlement amounts.
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