Filing a personal injury claim can feel stressful, even overwhelming, especially if you are wrestling with medical bills, lost work and wages, and the hardships of physical recovery and physical therapy. But this is also a time when you need to think clearly, avoid common mistakes that can jeopardize your ability to receive compensation for your personal injury, and seek out the help you need. Here are some essential Do’s and Don’ts.
1. DO Seek Medical Treatment
It’s usually important to seek medical attention quickly after an injury or accident. This isn’t a time to just “go home” or “walk it off”; even if you feel fine immediately after the injury, it is possible to discover later that you have been injured much more seriously than you thought. Prompt medical attention can help speed up your recovery. Seeing a doctor also generally ensures that your injuries are documented by medical personnel, which will usually be crucial if you need to seek compensation for the injuries in court.
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2. DO Document (Everything)
Photos of the scene of the accident, the vehicles (if any) involved at the location, and of your injury might make a real difference in building a case. Collect statements from any witnesses if you can. And start keeping a file for all documentation related to your injury. This can include doctor’s notes and medical records, bills related to your injury, invoices from physical therapy or chiropractic services, dates and times you were admitted to or released from a hospital, and the name and address of the ambulance service if you required an ambulance.
Include in your file police reports or incident reports related to the injury, as well as documentation of lost work or lost income due to your injury. Correspondence with your insurance company goes in the file too. It is also a good idea to keep a journal documenting the daily or weekly impact of your injury. Pain and suffering is a cost that also might be compensated in court.
Court cases usually run on evidence, so you will want to assemble all the evidence related to your injury and keep it ready.
3. DON’T Wait to File
You have only a certain amount of time in which you can file a Tucson personal injury lawsuit. In Arizona, that time is two years from the date of the injury. While it can be tempting to just proceed with your life, managing the injury as best as you can, if it continues to impact your life over time, there is a ticking clock. Once two years have passed, the court may no longer consider the case.
4. DON’T Give a Recorded Statement
This is an easy mistake to make. It is likely that the defendant’s insurance company may call you by phone and ask for your statement of what occurred. This recorded statement could cause you trouble later. After all, the other insurance company is not calling you out of care or concern; they are looking for any information they can use to suggest that you may be at fault, or partially at fault, for your own injury, in order to protect the interests of their client. If you receive a call, the smart move to make is to refer them to your personal injury attorney.
For related reasons, avoid oversharing on social media about what occurred. The defendant’s lawyer will likely go through your social media posts and photos thoroughly, looking for anything that might construe or suggest that your injuries are less serious than you have said they are.
5. DON’T Delay in Getting an Attorney
Personal injury lawsuits are complex, and it can be a costly mistake to think that you don’t need an attorney if you are filing a lawsuit. The case may seem clear-cut to you, but in court it will quickly become very complicated. Experienced representation will potentially make it likelier that you will receive fair compensation for your injury. A dedicated local attorney like those at Lerner and Rowe can also generally provide valuable advice at each step of the process, helping you avoid both missed steps and missteps. They might be able to help you avoid additional mistakes such as taking the first settlement offered in cases where further negotiation might serve you better. They may also help you collect the documentation that might allow you to make a strong case.
Staying Informed
Dealing with the aftermath of a personal injury in Tucson — and seeking compensation — can be an exhausting process, but it isn’t one you need to face alone. Avoiding these common mistakes and seeking expert representation might help you attain the resources you need to recover and manage life after an injury.