If you’ve been injured, the last thing you want is to make a small mistake that gives the insurance company a reason to deny or reduce your claim. After working with hundreds of clients, we’ve seen the most common missteps––and how to protect your case from day one.
Life after an injury is complicated. All of a sudden, you’re figuring out how to balance unexpected expenses for medical bills, car repairs, and lost wages at work while simultaneously trying to squeeze in appointments with your doctor, physical therapist, or chiropractor. On top of that, if you’re pursuing a legal claim, you have to find the right attorney for your unique case and walk through the process with them.
As you’re doing everything you can to see a return of normalcy in your life, the last thing you want to do is get in the way of your own progress. Unfortunately, there are a few common missteps people take while seeking compensation for their injury and loss. After all, most people have never been injured like this before and are embarking on this journey for the first time – it’s understandable that they might not know the right and wrong moves to make.
Fortunately, after working with countless clients and learning how insurance companies operate over the years, we’ve identified a few key things to avoid doing that might hurt your personal injury claim.
Not seeing a doctor right away
After a crash or other injurious incident, you might feel fine. With adrenaline coursing through your veins at the scene, you might think, “I’m not hurt, so I don’t need to go get checked out at the hospital.”
But injuries often show up gradually over the days and weeks following the accident. It’s important to see a doctor as soon as possible both for your health and your claim.
If you don’t treat right away, insurance companies will argue that your injuries weren’t directly caused by the incident. Allowing a few weeks of time to elapse between the initial event and seeing a doctor will help them claim that your symptoms have been caused by else. Or they might argue that you aren’t injured at all since it wasn’t serious enough for you to see a doctor immediately.
We believe that your pain is real, but insurance companies aren’t on your side. The best thing to do for your claim is to visit the doctor’s office as soon as you can, even if you think you’re fine at first.
Posting on social media
Even something as harmless as a photo of you out hiking with friends or taking a trip can damage your claim. Insurance companies monitor your social media platforms to look for any evidence possible to discount your case and argue that you aren’t injured. If you post a photo of yourself doing an activity and seemingly enjoying life, they will try to use it against you.
Additionally, posting anything specific about the incident can damaging. Insurance companies will twist your words or take them out of context if it helps resolve the claim in the way they want.
The best thing you can do for your claim is ensure that your accounts are private, don’t accept any follow requests from people you don’t know, and avoid posting anything related to your claim throughout the process.
Not following medical advice
Seeking medical treatment is a great first step, but continuing to follow your doctor’s treatment plan for you is just as vital.
If your doctor instructs you to treat twice weekly for 12weeks, but you skip or forget to schedule additional appointments and end up only attending 10 out of the required 24, your claim will be significantly weakened. Insurance companies will once again argue that you’re not truly injured or that you’re not trying to get better.
Regularly treating with your provider in accordance with their recommendations shows that you are dedicated to recovering and helps insulate your case from the insurance companies’ arguments against you.
Giving a recorded statement to the other party’s insurance company
After a crash, you might receive a call from the other driver’s insurance company looking for a recorded statement. If you agree, the insurance company will take whatever you say and spin it to destroy any claim you might bring against them.
The good news is that you don’t have to agree to a statement. In fact, you don’t have to speak to the other driver’s insurance company at all. At that point, a personal injury attorney can step in and handle all communication with the insurance companies. A lawyer who knows the ins and outs of these claims will be able to protect you and your rights, and the stress of dealing with an oppositional insurance adjuster will be lifted from your shoulders.
Not documenting everything
Keeping a detailed record of everything that happens in the wake of an incident can be vital to the success of your case down the line. If you don’t take notes regarding your health, expenses, and other crash-related details, it can be difficult to recall the early stages of your case when it’s time to present the information to the insurance company’s attorney or a jury.
By holding onto receipts of expenses like medical bills and car repairs, tracking your symptoms in a symptom journal, and saving pictures of the scene or of injuries, you can maintain a clear recollection of your personal injury journey, which will help your attorney successfully fight for your just compensation later on.
By avoiding these five things, you can avoid giving the insurance company ammunition against your case. Your attorney will provide you with additional information to help protect your claim and rights.
If you have any questions, don’t hesitate to reach out.
Contributed to by Abby Chalmers