Accidents in Delaware can have life-changing effects on you and can even extend to your loved ones who depend on you. It may mean living with a permanent disability, stopping work and losing earnings, or having to deal with years of medical visits and medications. Victims seek compensation because it provides them with some consolation for the injuries they have suffered. The challenge, however, for many victims is that they do not know how to go about compensation the right way.
“One wrong move early in your claim can cost you the compensation you rightfully deserve. It’s crucial to understand your rights and avoid common pitfalls from the start,” says Delaware personal injury attorney Eric Doroshow of The Law Offices of Doroshow, Pasquale, Krawitz & Bhaya.
There are common mistakes that can impact the outcome of your personal injury claim and limit the compensation you may be entitled to. This article discusses some of these mistakes and how you can avoid them.
What Does a Personal Injury Claim Entail?
A personal injury claim is an action instituted by the victim of an accident seeking compensation for damages suffered. It requires claimants to establish that the at-fault party had a duty of care, breached that duty, and the breach was directly responsible for injuries suffered. Personal injury claims always either result in a settlement or a trial if the parties are not satisfied with the outcome of the negotiations.
Notable Mistakes to Avoid When Going Through a Personal Injury Claim
Unfortunately, several claimants make simple but costly mistakes that weaken or completely ruin their case, and the most important of them include:
Delaying or Ignoring Adequate Medical Treatment
Medical treatment after an accident is as essential to your personal injury claim as it is to your overall well-being. One mistake you do not want to make is to delay seeking medical attention or to assume you do not need it at all. Whether you have broken a bone, suffered a bruise, or seem fine, seek medical treatment. It creates a trail of evidence that can help your claim for compensation in several ways.
Insufficient or Inconsistent Documentation
It is an established principle of law that anyone who makes an assertion must be able to prove the same. This applies to personal injury cases as it does to every other legal aspect, and one mistake many make is to ignore documentation or be inconsistent with it. From the moment the incident occurs until it is completed, you must ensure proper documentation of every experience. Whether it is a doctor’s visit, out-of-pocket expense, or a call with the at-fault party, always ensure it is documented.
Conversing with Anyone Without Adequate Legal Representation
Another common mistake among claimants is assuming they can speak to anyone without legal representation. Insurance adjusters know this and tend to use it to their advantage, getting victims to accept fault. Other times, they quickly reach out to you, making you believe that they care, offering a lowball settlement, and convincing you to take it. Do not fall for this trick because, regardless of how good the offer is, it is not the true worth of your case.
After an accident in Delaware, you should immediately contact an attorney and allow them to do the communication on your behalf. They know all the possible tricks insurance companies may try to pull, and they can ensure your interests are protected.
Not Bringing the Claim Before the Deadline Elapses
Deadlines are another area where claimants often miss out, leading to the loss of their case. In Delaware, as with many other states, there is a timeline within which personal injury claims can be brought. You have to know what these deadlines are and move immediately after the accident to bring your claim before the deadline elapses.
Conclusion
A personal injury claim, when handled properly, could result in a financial fortune that can help you manage the aftermath of an accident in Delaware. However, when you make inevitable mistakes, you may lose the possibility of getting maximum compensation or any compensation at all. It is recommended that you speak to a personal injury attorney in Delaware to avoid making any of the mistakes discussed above.