10 Most Common Mistakes When Filing a Personal Injury Claim

Being injured is never a pleasant experience. If you have been injured due to someone’s mistake, you have the right to seek compensation for your injury under Australian law.

However, by making simple personal injury claim mistakes, you may delay the process of receiving your compensation.

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Here are ten common personal injury mistakes clients make:

1. Not telling your lawyer about the psychological symptoms of an injury.

Injuries not only have physical impacts they can also leave short-term or long-term psychological effects on the victim. Sometimes we ignore the effects of physical injuries on our mental health.

As a result of the pandemic, there has been much greater recognition of the importance of mental health in recent years.

Psychological conditions caused due to injury can also impact your job or the work you do for a living.

Are you facing nightmares after an accident? Feeling too anxious? Have memory issues? Tell your lawyer so he can claim for your psychological injury.

2. Claiming with a law firm that isn’t right for you.

It may sound a little weird but choosing the right law firm to make your injury claim matters a lot.

Many people don’t take into account this critical aspect.

So when you are choosing the law firm, keep this in your mind:

Check the credibility of the law firm.
Do they offer free consultations?

3. Assuming that filing a compensation claim will be simple:

Many commercials claim that their services are hassle-free and uncomplicated, but trust me when I say that this is rarely the case. It also depends, to some extent, on the assertion you’re making.

Certain circumstances may be far more straightforward than others, but making claims is rarely considered a simple undertaking in general.

It’s also crucial to treat claims seriously, and the fact that they’re time-consuming may be beneficial in the long run, so always consult with your lawyer!

4. Not knowing the difference between Civil and Criminal Law.

A civil court is different from a criminal court, and many people don’t know it. Some people avoid filing a claim because they are afraid or even uncomfortable going to court. However, many of them are unaware of the difference between civil and criminal law. Personal injury lawsuits come under civil law cases, and court proceedings are not like those depicted in movies. It’s far less daunting, so if going to court prevents you from filing a personal injury claim, you should re-think your choice!

5. Making a hasty decision on your claim

This happens a lot more frequently than you may believe. Many people want to get the lawsuit over with as soon as possible; therefore, they may choose to settle before they have fully recovered medically. Always double-check that the medical evidence you submit is complete, with the severity of the injuries you sustained note.

Many injuries go beyond our expectations, the compensation we get may not be sufficient to compensate us for the amount of harm and trouble we have suffered.

6. Believing that you can win a claim without hiring a lawyer

It is probably the most common personal injury mistake a client can make. When negotiating with insurance companies, they may want to settle your claim with you quickly and simply without going through a lawyer to save you time and money. As a result, they may present incorrect information to persuade you to settle your claim as soon as possible. But don’t fall into the trap! There’s a reason why lawyers are in such great demand when it comes to filing a claim.

As a result, a word of caution is to gather as much information as possible before blindly trusting your insurer.

7. Not securing evidence:

You can only win a case in court if you have evidence, there is no other way. We all know that. It’s also crucial to keep track of the evidence you gather. What kind of evidence should you gather? The most useful types of evidence are pictures, audio, and video. Also, keep in mind that time is of the essence, so gather your proof as quickly as possible.

8. Posting on social media:

Living in a world consumed by social media mania, we all want to keep our social media accounts up to speed on the newest events in our lives.

However, if you wind up posting material that could be used against you in court, this mania could become a problem for you, and you can make one of the personal injury mistakes. For example, you can wind up writing that you were in an accident but are fine. Once the case begins, that single word ‘okay’ has the potential to make everything not-so-okay for you.

9. Unacquaintance with the Law:

Most people are also unaware of their legal rights, as well as their understanding of personal injury legislation and all of the probable legal implications. Even though you are deserving and have every right to compensation, you cannot launch a lawsuit after the statute of limitations has expired. Only a few exceptions exist where you can submit a case after the deadline has passed.

Even though you are deserving and have every right to be compensated, you cannot launch a lawsuit after the statute of limitations has expired. Only a few cases can be filed after the deadline has passed.

10. You are not asking the right questions:

I think we all can agree on the fact that the right questions lead to better results. Asking questions is necessary. They can also help you avoid any personal injury mistakes. You are paying the lawyer’s fees, and you have the right to ask the lawyer any questions you want.

However, some people are hesitant to raise inquiries because they believe the lawyer would find them foolish or unpleasant. That is incorrect! Even if it’s a silly question, you should ask whatever comes to mind.