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Common Mistakes That Can Affect a Personal Injury Claim

On Behalf of | Jul 12, 2024 | Personal Injury |

Every decision you make can affect the legal process in a personal injury case. Managing a claim with precision is crucial to obtaining the compensation you deserve. Unfortunately, mistakes can prevent victims from receiving fair compensation. Here is a look at some common errors.

Failure To Seek Immediate Medical Attention

Health comes first. Getting medical attention after an accident is critical to a victim’s recovery. Yet, proper care is also essential when filing a claim. Medical records are necessary proof of your injuries. They are crucial in determining your compensation.

Victims should receive immediate medical attention. Otherwise, the defending party may argue that the injuries are not severe enough. They can even say that the accident did not cause the injury. This mistake weakens the case.

Also, if you see a healthcare professional, you must follow the prescribed plan. Skipping medical recommendations may prevent you from obtaining your compensation.

Failure to Document the Accident and Injuries

Evidence is the cornerstone of any personal injury case. Be sure to take photos and videos at the scene. Also, collect the contact information of witnesses. This data will help your attorney build your case. You should keep:

  • Photos or videos
  • Contact details of witnesses
  • Medical records and bills
  • Details of medical treatments
  • Images from X-rays or computed tomography scans

Remember to keep all information related to the accident or your recovery. Details make a significant difference in a personal injury case.

Delay In Filing The Claim

A personal injury victim should not wait too long before filing a lawsuit. Delaying can make you lose your right to compensation. This can happen due to statutory time limits.

Every state has specific statutes of limitations. These statutes define the time after an event before the victim can file a lawsuit. New Mexico’s legal time limit for filing a personal injury lawsuit is three years.

Facing a Trial Without a Lawyer

Another common error is attempting to manage a lawsuit without legal representation. A lack of legal guidance can lead to missed deadlines. The victim may also lack the necessary documents, resulting in a rejected claim.

An attorney does not guarantee that the victim will receive compensation. However, it can be beneficial to contact a professional firm. An experienced personal injury lawyer oversees the claim while the victim focuses on recovery.

If you get injured due to someone else’s negligence, you should contact an attorney. Remember, an attorney will help you understand your legal options. They can also manage the process from start to finish.