Making these mistakes after filing a personal injury claim can prevent you from recovering fair compensation

If you’ve been injured in an auto accident, on-the-job accident, or circumstances caused by the negligence of another party, you’ll likely face a range of struggles in the aftermath. They may come in the form of unexpected medical bills, lost wages, and more.

You might be eligible to recover compensation for such losses. You could do so by filing a personal injury or workers’ compensation claim. A Massachusetts personal injury attorney can explain your options in greater detail during a free consultation.

However, you must understand that filing a claim doesn’t guarantee a payout. To improve your chances of collecting what you may be owed, you need to guard against making certain common mistakes. They include the following:

Not Seeing a Doctor Right Away

There are certain essential steps you must take in the immediate aftermath of an accident. Some of these steps can vary depending on the nature of the accident.

For example, after a car accident, you should exchange contact and insurance information with the other drivers involved in the collision. Even though Massachusetts is a no-fault state, where your own insurer will typically be responsible for compensating you after an accident, it’s still important to gather the other drivers’ insurance information regardless. Next, you should report the accident to the police and remain in a safe place near the scene until the officer arrives to complete their report.

The process is somewhat different if, for instance, you were injured in a slip-and-fall accident at the grocery store. In this scenario, you may not need to call the police, but you should still report the accident to the manager or the highest-ranking employee available at the time.

After any accident, though, you must see a doctor right away. Don’t make the mistake of failing to seek immediate medical care because you don’t think you’ve been injured.

Injuries aren’t always noticeable right after an accident. You might not develop symptoms of an injury until days or even weeks after sustaining an injury.

Even if you see a doctor once you start to notice pain or other symptoms, an insurance company could try to avoid paying you by suggesting that because you didn’t see a doctor right away, there’s no definitive evidence tying your injury to the accident. They could say your injury might have resulted from an unrelated incident. This will negatively impact your chances of recovering compensation.

Posting About Your Accident on Social Media

This is a mistake that’s becoming increasingly common in the digital age. Be sure to avoid it.

In general, you should be very careful when discussing your accident with anyone other than your attorney until your case has been resolved. If you make any statements that could suggest you may have caused your accident or your injuries are not as severe as you say they are, an insurer might learn of these statements and use them to justify denying your claim or offering less compensation than you may be eligible for.

It’s particularly important to avoid posting about your accident on social media. Statements you’ve made during a private conversation with a friend might not get back to an insurer (although you should avoid talking in detail about your accident with friends anyway). A social media post, however, may be something an adjuster can easily find.

You must also avoid posting anything that could be misinterpreted in a way that harms your case. For example, maybe your friends are planning a ski trip and they invite you. Although your injuries will prevent you from skiing, you might still accept the invitation because you know the trip will also involve activities you can participate in, such as exploring the local area and relaxing at the ski lodge.

Maybe you share a post on social media mentioning how excited you are about the trip. If an insurance adjuster sees this, it doesn’t matter that you know you had no plans to actually ski. The adjuster could insist this is proof your injuries are less severe than you claim.

In general, you should be very careful when discussing your accident with anyone other than your attorney until your case has been resolved.

Speaking With the Adjuster Yourself

In theory, an insurance adjuster should help you recover the proper amount of compensation you deserve based on the extent and nature of your injuries and other compensable losses. Unfortunately, reports consistently indicate that many insurance adjusters are encouraged to prioritize finding ways to deny claims or convince claimants to accept unreasonably low offers.

Odds are very good an insurance adjuster will sound compassionate when they first begin speaking with you. Don’t fall for this tactic. Their true goal might be to get you to let your guard down so that you’re more inclined to answer their questions.

You do not need to make any statements or answer any questions. You certainly don’t need to (and should not) make any recorded statements.

Contact an attorney right away instead. A lawyer will handle all claim-related correspondence with the insurance adjuster, minimizing the risk of you accidentally sabotaging your own case by saying the wrong thing to the wrong person.

That’s not an issue about which you need to be concerned when you have representation from our team. If you’ve been injured in a car accident, workplace accident, or any incident resulting from another party’s negligence, do not delay. Give our experienced personal injury attorneys a call today. We are here to answer your questions and protect your legal rights. Call our Boston, Massachusetts office at (617) 742-1900, or toll-free at 1-800-545-3732.

 

James Swartz, our Managing and Principal Attorney at Swartz & Swartz P.C., is a nationally recognized and respected trial attorney as well as consumer advocate. His practice focuses on cases involving negligence, torts, products liability, medical malpractice, wrongful death, and other claims involving catastrophic injuries.

 

 

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About the Author: James Swartz
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Mr. Swartz, our Managing and Principal Attorney at Swartz & Swartz P.C., is a nationally recognized and respected trial attorney as well as consumer advocate. His practice focuses on cases involving negligence, torts, products liability, medical malpractice, wrongful death, and other claims involving catastrophic injuries.

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