Filing a personal injury claim is supposed to help you get back on your feet after an accident. It’s not supposed to stress you out or leave you without compensation. Unfortunately, valid claims are denied all the time. Whether it’s caused by a technicality, missing paperwork, or the insurance company is just trying to protect their profits, a denied claim can be devastating.
The good news is you can avoid a handful of common mistakes that lead to denied claims. Here’s how.
1. Get a lawyer fast
The biggest mistake you could make is trying to handle your claim without a lawyer. Even when you’re just working with an insurance adjuster to negotiate a settlement, it helps to have a personal injury attorney negotiate for you. Insurance adjusters will lowball your initial offer and do everything possible to withhold a fair payout, no matter how many negotiation cycles you go through. With a lawyer, they won’t play games. Instead, they’ll work with your attorney to negotiate a fair settlement because they know if they don’t cooperate, the company could end up getting sued.
Another good reason to get a lawyer is to make sure you provide all the proper documentation necessary to support your claim. Incomplete forms and missing paperwork will give the insurance company a good reason to devalue or deny your claim. An attorney will make sure nothing is left out.
2. Get documented medical treatment
Having your cousin check you out won’t cut it if you’re trying to win a personal injury claim. It doesn’t matter how good your cousin is with natural remedies, or how much training he has as a former nurse. You need to see a licensed doctor who can provide you with medical care and documentation of your injuries.
A lack of medical documentation could be enough to get your claim dismissed. When you don’t have medical records, it looks like you aren’t injured and therefore don’t need to be compensated.
3. Keep your facts straight and simple
It’s tempting to elaborate and get emotional when discussing your injury, but resist that urge when talking to medical professionals and insurance adjusters. The more emotional you get, the more likely you are to make unintentional contradictory statements. If anything you say differs from the police report, medical records, or testimony, you can expect the insurance company to use that against you.
Instead, stick to the facts and make your story as simple as possible. Keep your account of the accident clear, honest, and consistent. If you’re not sure about some details, it’s okay to acknowledge that instead of guessing.
4. Set alarms for deadlines
When pursuing a personal injury claim, timing is everything. In addition to the statute of limitations for filing a claim and your legal requirement to notify the insurance company within a certain period of time, you need to pay attention to the deadlines provided to you. For example, if you’re in the middle of negotiating a settlement and you need to respond by next Thursday at 5 pm, set an alarm on your phone for that morning and one hour prior to the final deadline so you don’t miss it.
5. Don’t post on social media
Don’t post anything to social media while you’re pursuing a personal injury claim – not even on a private account. If you’re involved in a lawsuit, you might be required to hand over your social media account passwords during the discovery phase. Anything you post, whether it’s a photo, post, or comment, can be used against you, even if it’s not related to your case.
For example, you might not think it’s a big deal to post a photo of yourself enjoying a beer at the beach, but if you’re trying to recover compensation for pain and suffering and you look like you’re having fun, the insurance company will use that against you.
6. Don’t skip witnesses
Get contact information for every possible witness you can find. Don’t skip anyone. You can’t know in advance whose testimony might help your claim the most. Even when two witnesses were in the same general location, one might have more information than the other, or even photos that will support your claim.
A lawyer is the best way to avoid mistakes
Claim denials are common, but that doesn’t mean you have to experience that fate. By covering all your bases and getting legal representation from a personal injury lawyer, you can reduce your risk of denial and maximize your chances of getting fair compensation.
