Mistakes to Avoid in Personal Injury Claims

When you've been injured because of someone else's negligence, filing a personal injury claim can help you recover compensation for various damages, including medical bills, lost wages, and pain and suffering. 

However, many people make costly mistakes during the process that can hurt their chances of getting fair compensation. Understanding these common missteps can help you avoid them and strengthen your case.

Kentucky has specific laws regarding personal injury claims, including deadlines for filing and rules about fault and damages. A single misstep can delay your case or even cause you to lose out on compensation altogether. 

To help you protect your rights and build a strong claim, our attorney at Caleb Bland Law, PLLC provides an overview of some of the biggest mistakes people make when filing a personal injury claim.

1. Failing to Seek Immediate Medical Attention

After an accident, some people wait to see a doctor, either because they think their injuries aren't serious or because they don't want to deal with medical bills. However, delaying medical treatment can hurt both your health and your claim.

• Hidden injuries may not be obvious right away: Some injuries, like concussions or internal bleeding, may not show symptoms immediately. A doctor can catch these issues early.

• Insurance companies may argue your injuries aren't serious: If you wait too long to get medical help, your insurance company might claim that your injuries aren't as bad as you say they are.

• Medical records are key evidence: Seeing a doctor right away creates documentation that links your injuries to the accident, which is critical for your claim.

2. Not Following the Doctor’s Orders

Getting medical care is just the first step. Following your doctor’s instructions is just as important. Failing to do so can make it look like your injuries aren’t that serious or that you aren't making an effort to recover.

• Skipping appointments can weaken your claim: If you miss follow-ups or therapy sessions, insurance companies may argue you aren’t as injured as you claim.

• Ignoring treatment plans can hurt your recovery: Not following a prescribed treatment plan can slow your healing and potentially lead to long-term issues.

• Gaps in medical care can give insurers an excuse to deny your claim: Consistent medical care helps establish a clear connection between your injuries and the accident.

3. Admitting Fault or Apologizing

After an accident, it’s natural to want to apologize, but even a simple apology can be used against you. Kentucky follows a comparative fault rule, which means your compensation can be reduced if you're found partially responsible for the accident.

• Anything you say can be used against you: Even if you think you might be at fault, don’t say anything that could be misinterpreted as an admission of liability.

• Let the investigation determine fault: The police, insurance adjusters, and attorneys will examine the facts. Don’t assume you know who’s to blame.

• Stick to the facts: When discussing the accident, provide only the necessary details and avoid speculating about what happened.

4. Failing to Gather Evidence at the Scene

Furthermore, the moments after an accident are crucial for gathering evidence. If you don’t collect the right information, it can make it harder to prove your case later.

• Photos and videos can help prove what happened: Take pictures of the accident scene, vehicle damage, injuries, and any hazards that contributed to the accident.

• Witness statements can strengthen your claim: If there were any witnesses, get their contact information and ask for their account of what happened.

• A police report can provide an objective account: If law enforcement responded to the accident, request a copy of the police report as it can serve as key evidence.

5. Talking to Your Insurance Company Without Legal Representation

Insurance companies are in the business of making money, so they often try to minimize payouts. Talking to an insurer without understanding your rights can put your claim at risk.

• Recorded statements can be used against you: Insurance adjusters might try to get you to say something that can be twisted to hurt your claim.

• Early settlement offers are often too low: Insurers might offer a quick payout that doesn't fully cover your expenses. Once you accept, you usually can't ask for more money later.

• Insurance adjusters aren’t on your side: No matter how friendly they seem, their goal is to save their company money, not to offer you fair compensation.

6. Posting About Your Accident on Social Media

Social media can seem like a good place to vent about an accident, but anything you post could potentially be used against you in your case.

• Photos and updates can be misinterpreted: Even an innocent picture of you smiling could be used to argue that you aren’t as injured as you claim to be.

• Comments from friends and family can create problems: If someone asks how you're doing and you respond, “I’m fine,” that statement could potentially be used to minimize the impact of your injuries.

• Privacy settings don’t guarantee privacy: Insurance companies and defense attorneys may still find ways to access your posts.

7. Waiting Too Long to File a Claim

Kentucky has a statute of limitations for personal injury claims, which means you only have a limited time to file. Waiting too long can mean losing your right to compensation.

• Deadlines vary depending on the case: In Kentucky, you generally have one year for personal injury claims and two years for car accident claims, but certain exceptions may apply.

• Delaying can make evidence harder to collect: Witnesses may forget details about the incident and physical evidence might disappear over time.

• Filing on time protects your right to compensation: Missing the deadline usually means you won’t be able to recover any damages, no matter how strong your case is.

8. Accepting the First Settlement Offer

After an accident, medical bills and lost wages can add up quickly. It’s tempting to take the first settlement offer, but doing so can leave you without the compensation you actually need for your recovery.

• Initial offers are usually lower than what you deserve: Insurance companies often start with a low offer, hoping you'll accept it before understanding the full extent of your damages.

• Your future expenses may not be considered: Some injuries require long-term treatment, and early settlements might not cover future medical costs or lost income.

• Once you accept, you can’t go back for more: If your condition worsens or additional expenses arise, you usually won’t be able to reopen the claim.

9. Not Consulting a Personal Injury Attorney

Many people try to handle their personal injury claims on their own. However, an experienced personal injury attorney can make a considerable difference in your case.

• Legal guidance can help you avoid costly mistakes: An attorney can help you understand your rights and what your claim is truly worth.

• Negotiating with insurance companies is tough: Lawyers know the tactics insurers use and can push back against unfair settlement offers.

• You may get a higher settlement with an attorney: Studies have shown that people who work with personal injury attorneys often recover more compensation than those who go it alone.

Contact Caleb Bland Law, PLLC Today

Filing a personal injury claim can be overwhelming, and mistakes along the way can cost you time and money. Working with our personal injury attorney at Caleb Bland Law, PLLC can help you build a strong case.

Located in Elizabethtown, Kentucky, we serve clients throughout Radclif, Shepherdsville, Bardstown, Brandenburg, Leitchfield, Hodgenville, Louisville, Hardin County, Meade County, Grayson County, Breckinridge County, Nelson County, LaRue County, Hart County, Bullitt County, and Jefferson County. Reach out today to schedule a consultation.