If you’re not a professional personal injury lawyer performing an injury claim isn’t something you’re likely to do all the time. If you’re fortunate enough to be injured by an accident, submitting claims for your injuries may feel like diving into the abysmal. . According to Cesar Ornelas.
In this light, I’ve compiled an inventory of the 14 most common mistakes that I’ve seen people make after sustaining an accidentThis isn’t meant to ridicule or mock the mistakes made – it’s normal to make mistakes while doing something that you’ve never done before. Instead, this list will assist you in identifying common pitfalls to avoid falling into them.
If you’d like for this information to be played to your ears as audio You can listen to our podcast about the most frequent mistakes people who suffer from personal injuries make here..
One mistake: Thinking you can handle direct business without the assistance of a lawyer
Most often, insurance companies seek to settle claims directly with you. They will say that lawyers just make things more complicated – and that you’ll get the best settlement with no legal fees. This is false. I’ve spent my entire professional career fighting lawsuits against insurance companies. The majority of insurers can come up with a pretty decent defense against us, but what can a non-lawyer fight them?
I can remember a time when I worked with an intelligent client who was about to accept a great offer from the insurer however, she was the odor of a rat. After obtaining medical proof from a specialist free of charge to the client, the case was settled at 3.5 times what the insurance company had originally offered! We are grateful that she could smell.
The recent changes to claims for whiplash injuries have resulted in the fact that for certain kinds of road traffic accidents it is possible to be legally obliged to negotiate with insurers directly without the assistance of lawyers. I’ve been open about the absurdity of the whiplash reforms however, unfortunately, this is the current law. My suggestion in these instances is to learn the most you can about the claims procedure and your rights under the law – to be your attorney – to ensure that insurance companies are unable to effectively stifle you from your right to claim. The best place to start can be the Truth Legal guide and FAQ for changes to whiplash.
False claim 2: claiming to be a law firm that’s not right for you.
Many victims of a car crash choose to work with the law firm that was assigned for them by the insurance company without ever questioning if that law firm is of any value. If you think about it, it’s utter absurd! Browse around, browse the internet, and ask yourself some questions:
- Are they located near to you?
- Are you able to meet with your legal professional or solicitor?
- Do you believe in these people?
But, don’t stop there, make sure to ask the person who handles your case a few questions:
- Are they a lawyer or a solicitor?
- What number of clients are they handling at any given time? I have heard of a company that has paralegals (case handlers that aren’t even certified) that can have as many as 500 accident victims simultaneously!
- Where will the profits from your claim Where does the profit from your claim
- What legal assistance are they free? Do they provide?
Get empowered. You have the power to select your lawyer. A lot of clients feel they are not able to change their law firm, however, it’s easy to switch. Learn more about the process in our guide on changing solicitors.
Third error: Assuming that every lawyer is equally competent and knowledgeable
This is in line with the error mentioned above. As a lawyer, We aren’t all equally competent and knowledgeable! I would never suggest the purchase of a home however, I can think of the number of times a customer has inquired if I’ve handled similar cases before. Be sure that your lawyer is knowledgeable about the ropes. Personal injury cases are extremely crucial, so don’t put your faith in someone who isn’t familiar with the case.
The 4th mistake: A question you think is stupid, so don’t ask it. be silly, therefore not asking it.
Certain advertisements suggest that filing an injury claim for personal injuries is simple, and it is possible that you can’t inquire since your lawyer may consider you to be thick! Do not believe this. It is your right and you are entitled to know what’s happening. It’s not your job to be an expert in this legal area. Ask, ask, ask. I’m betting your lawyer won’t perform the job. Personal injury law is extremely complex. Sometimes my group of brilliant lawyers isn’t able to agree on a particular issue. This indicates that there aren’t simply black and white solutions to your questions. You are welcome to inquire with your lawyer.
Five Mistakes: Assuming that the compensation claim will be simple
As I mentioned earlier, many ads make it appear as if claims are simple. This isn’t something I would ever tell my clients because it’s not the situation. Sure, certain cases, such as crashes on the road are fairly simple, but the majority of claims are complex. Also, I don’t believe that filing a claim of employment to your company is a simple task.
Claims are something you must consider with care. It is impossible to know if you’ll need to appear in court to provide evidence since lawyers cannot predict what the other side is going to do to respond to your claim. Always discuss the benefits and negatives of filing a lawsuit with your attorney to ensure you’re aware of what is possible.
Sixth error: Failure to record the most important evidence
Okay, so you’ve been injured, but the first thing to do after having looked after yourself is to gather evidence. Consider the scene of the accident as an area of the murder. Keep evidence to establish what occurred and how it happened. If you own a cell phone that has a camera, capture a lot of photos and videos. Record everything. Talk to each witness that is present because witnesses are usually reluctant to help in the months following. What do you think are (or were) the conditions at the site?
If you’ve been involved in an accident in your car, take photographs of the position of the vehicle in case you are able. Find the paperwork. Make sure you are forensic as you, as a claimant needs to prove the negligence of someone else caused the accident. You can’t decide to pursue a claim however, if there isn’t any evidence, any claim you decide to file later is more difficult to prove.
The 7th mistake: worrying about the court system and mixing “civil law” with “criminal law’
I’ve grouped these issues as concerns about going to the courtroom are common when people believe it’s something like a criminal trial.
There are two main branches of law within England and Wales that are: civil law and criminal law. Personal injury claims as well, as well as medical negligence cases (alongside numerous other types of legal actions), medical negligence cases (alongside numerous other types of legal actions) are governed by civil law. Therefore personal injury claims are distinct from criminal law which has different courts and procedures than criminal trials.
If a personal injury case is brought to court, it will be before an individual judge instead of a jury and judge. It’s not nearly as frightening. It’s very rare for personal injury cases to be heard in a court hearing. I’m estimating that just 1 percent of cases go to trial. And these tend to be the huge claims or ones in which the insurance company believes that the plaintiff isn’t being completely honest.
According to Cesar Ornelas