Being injured by someone’s negligence is never a walk in the park. This traumatic event can unleash a wide range of emotions, inhibiting judgment. Whether you’ve been injured in a car accident, a slip-and-fall incident, or any other event, plaintiffs make some common mistakes when filing a personal injury claim.
To ensure you’re properly compensated for your damages, it’s crucial to do everything to the letter of the law. If you’re a resident of the Evergreen State, speak to a Washington personal injury lawyer at Herschensohn Law.
Not Hiring an Attorney
You may think that your case is cut and dry and doesn’t need the assistance of a personal injury attorney. This is a common misconception. Navigating the complex requirements for filing and proving a personal injury lawsuit requires only an experienced attorney’s expertise. Attempting to file a successful lawsuit alone will only result in frustration and a good chance of your claim being denied.
A personal injury attorney knows how to protect you from how insurance companies can try to manipulate you, and they know how to properly gather evidence to help to prove that your injuries are due to a neglectful act. Most personal injury lawyers work on a contingency basis, so there aren’t any upfront costs you need to worry about.
Talking About Your Claim
Although you may feel justified in talking about your claim, this is never a good idea. Don’t say anything if you are approached by anyone from the defendant’s team or even the defendant. Something as simple as a polite apology for the incident could be used against you as an admission of guilt. Always have them speak directly to your attorney.
For as tempting as it may be, never discuss your claim or the incident on social media. This isn’t the proper way to vent or to prove your innocence. Social media posts can hurt your claim.
Settling Too Quick
The defendant’s legal team may offer you a settlement before you speak to a lawyer. Their job is to do what’s best for their client and to cut the defendant’s losses, they could try and temp or bully you into accepting their first offer. Although it may seem your best and easiest choice, settling too quickly can leave a lot of money on the table.
Failure to File Your Claim in Time
After you’ve been injured, filing your personal injury claim as soon as possible is crucial. Washington State’s statute of limitations is three years. Failure to file your lawsuit within three years of the accident or three years since discovering your injury resulted from someone’s negligence will result in the court denying your lawsuit. To protect your claim, filing as soon as possible will ensure your right to seek damages.
Not Following Your Medical Treatment Plan
When filing a personal injury lawsuit, you’ll be seeking compensation for your injuries. Your lawyer will need to prove that you’ve not only been injured but that you are also being treated for them. Failure to continue treatment could be used against you, so you mustn’t miss doctor appointments or sessions with a physical therapist. Postponing treatment or not following your healthcare professional’s treatment plan will hurt your claim.
Not Filing for Everything You’re Entitled To
Without the guidance of a personal injury attorney, you could easily not get all that you’re entitled to. Personal injury damages cover more than just the cost of medical care. You could also be entitled to:
- Loss of current and future income
- Loss of benefits
- Pain and suffering
- Mental anguish
Avoiding Mistakes When Filing a Washington State Personal Injury Claim Is Crucial
After an accident that results in injury, you may be frazzled and unsure of what to do next. After seeking medical care, it’s important to consult with an attorney who has experience with personal injury lawsuits. Although no law states that you can’t file the claim on your own behalf, most law firms will offer a free consultation and work on a contingency basis, so there’s no out-of-pocket expense.
A common mistake plaintiffs make when seeking compensation for a personal injury claim is speaking with the defendant or their legal counsel without their lawyer present. Accepting the defendant’s first offer and posting about your accident or lawsuit on social media is equally common.
Don’t turn your personal injury case against you. Avoiding these common mistakes can help ensure you receive the maximum compensation you’re entitled to.
