People suffer injuries every day, most of which are simple accidents for which nobody is at fault. However, some injuries are the direct result of another person’s negligence and can give rise to a possible personal injury compensation claim.
Navigating the Personal Injury Claims Process
When people discuss personal injury compensation, most situations arise from road traffic accidents or workplace incidents.
However, personal injury claims can be the result of many situations, from injuries involving bicycles, motorbikes, and escaped animals to traumatic brain or spinal injuries, amputations, or catastrophic life-changing accidents. It’s rare for individuals to suffer more than one type of personal injury in their lifetime that would warrant a legal claim, and most would only have to instruct personal injury solicitors once.
Making a personal injury claim can be tricky and stressful, particularly if you are unfamiliar with the process. Take note of these common mistakes and our recommendations when pursuing a personal injury claim.
5 Common Mistakes Personal Injury Clients Make
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Not Seeking Help from An Experienced Professional Personal Injury Solicitor
It is not essential to instruct a solicitor to pursue your compensation claim, but it might be sensible. Many aspects of the process are straightforward and can be navigated by most people. However, in such cases, the at-fault insurer would usually decide on and instruct the medical expert to write your medical report.
As this report will then be used to value your personal injury compensation, it might not be wise to allow the insurer to choose the expert. Furthermore, the insurer may try and dispute how the accident happened and deny the blame. You may not have the expertise to know if the person you believe caused your injury actually has legal liability for compensating you.
Finally, at some point, you will hope to receive an offer from the insurer to settle the claim. How will you know if the offer is fair? The insurer will tell you it is, of course. A solicitor will assist you navigate all of these potential pitfalls.
Most personal injury law firms operate on a no-win no-fee basis where the case is appropriate, meaning that you won’t be forced into paying extortionate upfront costs in a case where your claim is unsuccessful. Therefore, don’t be tempted by cost savings alone – find a law firm with proven experience in handling complex personal injury claims that can provide you with confidence and reassurance.
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Failing to Obtain And Record All Evidence
The aftermath of an accident can be stressful, painful, and traumatic. Clients may find it challenging to think ahead as they have suffered an accident, but if you are physically and mentally capable of gathering evidence at the scene, it will be a valuable asset to you in the long run.
If you suffer a no-fault accident, where possible and safe to do so, consider the following:
- Take photos and videos using your mobile phone,
- Note important details like what the weather, time, location, and surrounding conditions were like when you had your accident,
- Write everything down if you can,
- Talk to witnesses and ask for their contact details,
- Ask local businesses nearby if they have CCTV footage.
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Failing to Record Financial Losses Resulting from the Accident
Expenses and losses incurred following an accident involving personal injury, no matter how insignificant, should always be kept. Where possible, keep receipts, invoices, and other transaction details if you have incurred a cost because of your accident.
Expenses could include parking tickets for hospital appointments, physio or other treatment costs, public transport fares, domestic help and costs incurred by friends or relatives. These can all add up and are potentially claimable.
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Posting About the Accident on Social Media
Your social media profiles, even if set to private, can and are increasingly being viewed by insurance companies and the defendant’s legal team. Any pictures, posts, videos, or other material that you post can be used to act as evidence against you.
Therefore, it’s safest to avoid all mention of your accident on public-facing social media sites, to avoid any disputes of accountability, and to think about what you post and how it may be viewed or received without context.
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Accepting a Personal Injury Settlement Too Soon
Sometimes, a defendant insurer in a personal injury claim might admit liability and make an early offer to settle. That may suit you, but insurers might try and pressure you to accept. Even if a defendant has admitted liability, there is no obligation upon you, as a personal injury claimant, to accept a settlement straight away. Some situations may warrant this but if, for example, there is doubt about the long-term severity of your injuries, then you should avoid settling too soon.
If you have not made a full recovery, there is uncertainty about your injury prognosis or recovery time, or your doctors have suggested an extended period of rehabilitation or surgery following multiple injuries, then you should think very carefully before accepting an offer. It’s important to understand that once you have accepted an offer, your case is settled. You cannot return and claim more if your injuries continue for longer than you or your medical expert thought they would.
Personal Injury Solicitors You Can Trust
Avoiding these common mistakes can significantly improve the outcome of your personal injury claim.
At George Ide LLP, our experienced personal injury solicitors are here to guide you through the process, ensuring that you receive the compensation you deserve. We will advise you throughout the claim process, with our experience proving invaluable at every stage.
We have a wealth of experience representing clients in bringing a wide variety of accident compensation claims. We have proven successful in securing millions of pounds for clients who have been injured in accidents that were not their fault.
If you have been injured and need assistance with your claim, contact us for expert legal advice and support. We are committed to helping you navigate this challenging time with confidence and clarity.
Contact Our Friendly Legal Experts Today
For general enquiries or to discuss more specific needs in personal or commercial law please get in touch with a friendly member of our team today.
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Author: Paul Lewis
Last updated: 11th November, 2024
