Filing a personal injury claim in Missouri can quickly become overwhelming, especially if you’re dealing with injuries, associated illness and frustration, medical bills, missed work, and insurance companies. Unfortunately, certain mistakes could cost you the compensation you deserve.
This article highlights common mistakes one should avoid after being injured, including information on how to protect your rights and strengthen your case. Whether you’ve been injured in a car accident, workplace incident, or slip and fall, this guide will help you avoid costly errors and get on the right path toward fair compensation.
Common Mistakes to Avoid When Filing a Personal Injury Claim
Failing to Seek Immediate Medical Attention
After an accident, some people delay visiting a doctor because their injuries seem minor or they think they’ll heal alone. You may find yourself saying, “This is not a big deal,” “This will get better soon,” or “I don’t really want to make a big deal out of it.” This can hurt your case immensely. Insurance companies often argue that, by definition, your injuries could not possibly be serious if you did not see a doctor right away. Seeking medical care immediately:
- Most importantly, ensures your own health and well-being; and
- Also important, creates a medical record that connects your injuries to the accident and helps preserve your ability to seek compensation if the injuries are serious.
Not Reporting the Incident Right Away
Failing to report the incident promptly can weaken your claim. For example, in a car accident, not calling the police or notifying your insurance company may create doubt about what happened. Again, in future litigation, an insurance company or litigant may question, “If this was such a significant injury, why did you wait to report it?” The same applies to workplace or property-related incidents. Timely reporting ensures there’s an official record, which can be important to proving your case.
Providing a Recorded Statement Without Legal Advice
Insurance adjusters may request a recorded statement early in the process. While this might seem routine, these statements may be used against you at a later time, in order to eliminate or minimize your claim. Before you give any such statements, you should always seek the advice and counsel of an attorney. Without the guidance of an attorney, you could accidentally say something that undermines or otherwise harms your case. We always recommend that you should consult a legal professional before speaking with insurance companies.
Not Collecting Sufficient Evidence
Strong evidence is the foundation of any personal injury claim. Failing to gather accident photos, reports, documents, witness details, or medical records can weaken your case. For example, photos of the accident scene, your injuries, and the property damage, as well as police reports or eye-witness testimony, provide critical proof that is necessary to prove your claim. Witnesses can confirm what happened, and medical records detail the extent of your injuries, and police reports document the occurrence.
Posting About the Incident on Social Media
Social media may seem harmless, but posts about your accident or recovery can jeopardize your case. For instance, even a harmless photo of you looking happy or dancing at a family event could be used to argue that your injuries aren’t as severe as you claim. Photos or videos of you participating in a sporting or physical activity might also do the same. Avoid posting about your accident, injuries, or lifestyle to protect your case until the claim is resolved.
Accepting the First Settlement Offer
Insurance companies often offer a quick settlement to save money. These initial offers are usually much lower than what you are actually entitled to. The problem is that most people have no idea what amount(s) they might be entitled to. The only way to know this with any confidence or certainty is to consult with a seasoned attorney who has the necessary real world experience to give you an idea of what you might expect.
It is not uncommon that the first offer might not even cover all your medical bills, lost wages, or future expenses – not to mention the pain, suffering, or inconvenience you have been caused. There may even be additional types of damages to which you may be entitled. Before accepting a settlement, consult an attorney to evaluate whether it’s fair.
Failing to Hire an Attorney
Some people believe they can handle their claim on their own, but personal injury law is complex. An experienced attorney knows how to deal with insurance companies, gather evidence, and build a strong case. Without legal representation, you risk making mistakes that could reduce or deny your compensation.
Sometimes, a person may think they can simply do better on their own. “Even if an attorney gets more than I would, that attorney will keep a percentage, and I will end up with less than if I would have just done it myself.” However, this is not often the case. Many times, an experienced attorney will be able to procure a substantially larger settlement than you could arrange on your own. Therefore, the net amount you will receive will be far greater than what you would have received doing it by yourself.
Or perhaps a person has already received an offer from the insurance company, and has a similar thought process – that they would be best off taking the offer so they don’t have to split a fee with their attorney. However, suppose you already have an offer on the table from the insurance company. In that case, your attorney may be able to get you more money than you could do on your own, and may be agreeable to only taking a percentage on the difference between your original offer and the final amount.
Hiring the Wrong Attorney
Good Fit: All attorneys are different. They have different levels of experience, various strengths and weaknesses, and differing personality types. Make sure you find an attorney that fits your personality and expectations. Some clients expect to be called regularly; other clients only want to be bothered when there is something interesting to report. What is your attorney’s communication style?
Affordable Fees: Attorneys have different ways of calculating their charges. You should know who you are hiring, their experience level, and how they are charging (hourly, flat fee, or contingency fee).
- Hourly fee: What is the attorney’s hourly rate? What is the paralegal’s hourly rate? How do they round, to the tenth (0.1) of the hour, or quarter (.25)? What kind of deposit will the attorney ask for up front?
- Flat Fee: How much is the fee? Due up front or in installments? What does the fee include? What’s not included? Are there any limitations on scope or number of hours?
- Contingency Fees: What is the percentage the attorney keeps? If you don’t win your case, do you still owe the attorney anything? How are costs dealt with? Percentages can range from as little as 10% to as high as 50% in various situations. Common percentages are 25%, 33.33%, and 40%.
Missing the Statute of Limitations
In Missouri, you generally have five years to file a personal injury claim. There are various exceptions and scenarios in which that period might be different, so it is important that you don’t assume it is five years for all injuries. Waiting too long can make gathering evidence and securing witness testimony more difficult. In some cases, such as claims against government entities, you may have less time. Acting promptly ensures your claim stays valid.
How to Strengthen Your Personal Injury Claim
To avoid these mistakes and create a solid case, consider the following steps:
- Keep detailed records. Track all expenses related to the accident, including medical bills, lost income, and property repairs.
- Keep detailed evidence. Photos, videos, spreadsheets, logs, texts, emails, documents, contact information, etc.
- Follow your doctor’s advice. Sticking to your treatment plan shows that you’re taking your recovery seriously and prevents insurers from claiming you worsened your own condition.
- Work with experts. Professionals like medical specialists or accident reconstruction experts can provide valuable testimony to support your case.
The Role of Legal Representation
A skilled attorney can make all the difference in your personal injury claim. They handle negotiations with insurance companies, ensuring you don’t settle for less than you deserve. They can also prepare your case for court if a fair settlement isn’t reached. Legal support makes you less likely to make costly mistakes and more likely to secure the compensation you need.
What Makes Missouri Claims Unique
Missouri has rules that set it apart from other states:
- Comparative fault: If you’re partially at fault for the accident, your compensation may be reduced accordingly. For example, if you’re found 20% at fault, you may only recover 80% of the total damages.
- Non-economic damage caps: While there is no cap on damages for pain and suffering in most personal injury cases, certain claims, like medical malpractice, may have limits.
Understanding these factors is essential for maximizing your claim, and an experienced attorney will know such information and be able to advise you appropriately.
Protect Your Claim: Avoid Mistakes and Secure Fair Compensation
Filing a personal injury claim can be a long, tedious, and challenging process, but avoiding common mistakes can make a big difference. Knowing the mistakes to avoid in a personal injury claim—like delaying medical care, providing unnecessary statements, or settling too quickly—ensures you’re in the best position to get fair compensation.
If you have questions about this issue, a personal injury lawyer in Springfield, MO can help you understand the legal risks and the best path forward.
If you’ve been injured and want to protect your rights, consider consulting our personal injury attorney. They can guide you through the process and help you avoid the pitfalls that could harm your case, while maximizing the amount of your financial recovery.
