6 Common Mistakes to Avoid in a Personal Injury Claim

December 9, 2024

Getting hurt in an accident is overwhelming. The physical pain, mounting medical bills, and time away from work can make the situation feel impossible to manage. On top of that, filing a personal injury claim might seem like a confusing maze. The decisions you make early on can impact your case for months, or even years, to come.

At The Leach Firm, P.A., we’ve seen how small missteps can make a big difference. That’s why we’re sharing some of the most common mistakes to avoid when pursuing a personal injury claim. By steering clear of these errors, you’ll put yourself in a stronger position to get  the compensation you deserve.

1. Delaying Medical Treatment

After an accident, you might feel tempted to “tough it out” or assume your injuries aren’t serious. However, delaying medical care can hurt you in two major ways.

Why Immediate Treatment Matters

Your health should always come first. Injuries that seem minor at first can worsen over time, and early treatment can prevent long-term complications. Seeking prompt care also creates a medical record that ties your injuries to the accident.

Impact on Your Claim

Insurance companies might claim that delaying treatment shows your injuries weren’t serious or weren’t caused by the accident. Florida’s “no-fault” insurance law also requires you to get medical care within 14 days to qualify for Personal Injury Protection (PIP) benefits.

2. Failing to Document the Accident and Injuries

Memories fade, and evidence can disappear. Proper documentation is crucial to building a strong case.

Essential Evidence to Gather

  • Photos and Videos: Capture images of the accident scene, your injuries, vehicle damage, and any relevant road conditions or traffic signals.
  • Witness Statements: Get contact information from anyone who saw the accident. Their testimony could support your claim.
  • Police Reports: Request a copy of the official report for a detailed account of what happened.
  • Medical Records: Keep track of all treatments, prescriptions, and doctor’s notes.

Why Documentation Helps

Clear, organized evidence strengthens your claim and makes it harder for insurance companies to dispute the facts.

3. Giving a Recorded Statement to the Insurance Company

After an accident, the other party’s insurance adjuster might call you for a recorded statement.  Although this may seem routine, it’s risky without legal guidance.

The Risks of Speaking Too Soon

Insurance companies are not on your side. Their goal is to minimize payouts, and they might twist your words to reduce or deny your claim. Avoid being lulled asleep by self interest disguising itself as deep concern for you and your injuries.

How to Protect Yourself

  • Politely decline to provide a recorded statement until you’ve consulted an attorney.
  • Avoid making casual statements like, “I’m fine,” as they can be used to argue that your injuries aren’t severe.

Why Legal Guidance Matters

An attorney can help you communicate with insurance adjusters, ensuring your rights are protected and your case stays on track. 

4. Accepting the First Settlement Offer

It’s tempting to accept a quick payout when bills are piling up, but the first offer is often far less than what you’re entitled to. So, it’s important that you don’t become so over-enthused with the first offer that you accept it without much thought.

Why You Should Wait

Insurance companies typically start with a lowball offer, hoping you’ll settle before fully understanding your case’s value. Accepting too soon can leave you without enough compensation for ongoing medical care or lost income.

How an Attorney Can Help

An attorney will evaluate the offer, negotiate on your behalf, and fight for a settlement that reflects the true cost of your injuries.

5. Missing Important Deadlines

Personal injury claims are time-sensitive. Missing important deadlines could mean losing your chance to get the compensation you deserve.

Florida’s Statutes of Limitations

  • Standard Cases: You generally have four years from the date of the accident to file a personal injury lawsuit.
  • Claims Against Government Entities: If a government agency is involved, the deadline is three years.

PIP Benefits Deadline

In Florida, you need to see a doctor within 14 days after an accident to qualify for PIP benefits. However, this doesn’t stop you from filing a broader claim within the statute of limitations..

How to Stay on Track

Working with an attorney ensures that your claim is filed on time and complies with Florida’s legal requirements.

6. Handling Your Claim Alone

Filing a personal injury claim without a lawyer can feel like being lost at sea without a guide. The process is complicated and full of risks that could harm your case.

Why Going Solo Is Risky

  • You might miss important deadlines or fail to gather key evidence.
  • Insurance companies may take advantage of your lack of experience to offer a low settlement or deny your claim outright.

How The Leach Firm Can Help

We take care of the paperwork, communication, and negotiations so you can focus on recovering. Our team knows how to calculate damages like:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Future care needs

Injured in Florida? Contact The Leach Firm Today for a Free Consultation!

At The Leach Firm, P.A., we’re here to guide you through every step of the personal injury claims process. With years of experience serving Florida clients, we understand what it takes to secure the compensation you need to move forward.

Don’t let common mistakes stand in the way of your recovery. Contact us today for a free consultation. Call us at 844-722-7567 or fill out the contact us page form to get started. We’re ready to help you take the first step toward justice and a brighter tomorrow.

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