Common Mistakes That Can Hurt Your Personal Injury Claim

Personal injury claims often arise after auto accidents, slip and fall incidents, or other situations where someone’s negligence caused harm. These cases can help victims secure compensation for medical expenses, lost wages, and pain and suffering. However, certain mistakes can weaken your case or even result in its dismissal.

Here at Justin Lowe & Associates, we believe that every client should be as well-equipped as possible when filing a claim. Let’s examine some of the most common pitfalls and how to avoid them under Oklahoma law.

Failing to Seek Immediate Medical Attention

One of the most frequent mistakes individuals make after auto accidents is not seeking medical care immediately. Even if injuries seem minor, it’s important to have a medical professional document them.

Oklahoma law considers medical records critical evidence in personal injury claims. Delays in treatment can allow insurance companies to argue that your injuries were unrelated to the incident.

If you’re involved in an auto accident, visiting a doctor not only helps protect your health but also strengthens your claim. Oklahoma’s personal injury laws require plaintiffs to prove causation between the accident and their injuries. Failing to seek prompt medical attention can make it harder to establish this connection.

Additionally, prompt medical attention can uncover hidden injuries that might worsen over time. Conditions like whiplash or internal bleeding may not show immediate symptoms but can become serious if left untreated. Seeking care right away demonstrates your commitment to recovery and reinforces your claim.

Giving Statements Without Legal Advice

Another common error after auto accidents is speaking to insurance adjusters without consulting an attorney. Insurance representatives often contact accident victims quickly, hoping to secure statements that could undermine their claims. Although these adjusters may seem friendly, their goal is to protect the company’s bottom line.

For example, if you’re asked about your injuries and inadvertently downplay them, this statement can be used against you later. In Oklahoma, verbal and written statements given to insurers can significantly impact your case. It’s best to let a personal injury attorney handle communication with insurance companies to avoid compromising your claim.

Even casual remarks can be misinterpreted or taken out of context. By having legal representation, you’re better equipped to manage interactions with insurers and protect your rights. Remember, anything you say can potentially be used to minimize your compensation.

Key Mistakes to Avoid Afterward

Ignoring the Statute of Limitations

Oklahoma law imposes a strict time limit for filing personal injury lawsuits. Known as the statute of limitations, this deadline is generally two years from the date of the accident. Missing this deadline will likely result in your case being dismissed, regardless of its merits.

It’s crucial to act promptly and avoid unnecessary delays. Collecting evidence, obtaining medical records, and consulting legal professionals can take time. Starting the process early helps make sure your claim is filed within the legal timeframe.

Procrastination can also lead to fading memories and lost evidence. Witnesses may move or forget key details over time, and physical evidence may deteriorate. After a car accident, details can be forgotten if you get the car fixed before taking pictures as evidence. Acting swiftly helps preserve the integrity of your case and strengthens your position in negotiations or court.

Posting About the Accident on Social Media

Social media has become a significant factor in many legal cases, including personal injury claims. Posting about your accident or injuries can unintentionally damage your case. Insurance companies often monitor claimants’ social media accounts, looking for inconsistencies or evidence that contradicts their claims.

For instance, if you claim serious injuries but post pictures of yourself engaging in physical activities, it could harm your credibility. In Oklahoma, evidence from social media is admissible in court and can be used to challenge the validity of your injuries. We recommend refraining from discussing your case online until it’s resolved.

Privacy settings on social media accounts offer limited protection. Even posts shared only with friends can be subpoenaed and used as evidence. To avoid complications, consider taking a temporary break from social media or carefully reviewing your online activity.

Overlooking the Importance of Evidence

Strong evidence is the foundation of a successful personal injury claim. Many people overlook the need to gather and preserve evidence immediately after an accident. Key evidence may include photographs of the scene, witness contact information, police reports, and medical records.

In auto accidents, Oklahoma law requires drivers to report collisions resulting in injury or significant property damage to the authorities. The police report can provide valuable details about the circumstances of the auto accident. Additionally, documenting the scene with photos can help establish liability and demonstrate the severity of the incident.

Witness testimony can also be crucial after an accident. Obtaining contact information from bystanders makes sure their accounts are available if needed later. After an auto accident, their testimony can combat any lies from the other driver.

Keeping a journal of your recovery process, including daily pain levels and limitations, can further support your claim for non-economic damages like pain and suffering.

Accepting a Quick Settlement Offer

Insurance companies often make quick settlement offers to accident victims, especially regarding auto accidents. While these offers may seem appealing, they’re typically much lower than what you’re entitled to receive. Accepting a settlement prematurely can leave you responsible for future medical expenses or lost income that wasn’t accounted for in the initial amount.

Under Oklahoma law, once you accept a settlement, you forfeit your right to pursue additional compensation. It’s essential to consult with a legal professional before agreeing to any offer. A lawyer can help you assess the full value of your claim and negotiate a fair settlement on your behalf.

It’s important to consider long-term expenses when evaluating settlement offers. Future surgeries, physical therapy, or lost earning potential should all factor into the compensation you seek. Rushing into an agreement may seem convenient, but it often results in financial strain down the road.

Missteps During Medical Treatment

Following your doctor’s recommendations is another critical aspect of maintaining a strong personal injury claim. Missing appointments, ignoring prescribed treatments, or failing to follow up with specialists can give insurers ammunition to dispute your injuries.

In Oklahoma, the burden of proof lies with the plaintiff. By adhering to your treatment plan and keeping detailed records, you demonstrate a commitment to your recovery and support your claim for damages. On the other hand, gaps in treatment may suggest that your injuries aren’t as serious as you’ve claimed.

It’s also helpful to communicate openly with your healthcare providers. Be honest about your symptoms and any limitations you’re experiencing. Detailed medical records that accurately reflect your condition will serve as compelling evidence in your case.

Misunderstanding Oklahoma’s Comparative Fault Rule

When it comes to auto accidents, Oklahoma follows a comparative fault rule, which can reduce your compensation if you’re found partially responsible for the accident. For instance, if you’re involved in an auto accident and the court determines you were 20% at fault, your compensation will be reduced by 20%.

Many people fail to understand how this rule impacts their case. Statements made to insurance companies or others involved in the accident can inadvertently suggest partial liability. Working with an experienced attorney helps protect your rights and confirms the facts of the case are presented accurately after a car accident.

Understanding the comparative fault rule also helps manage expectations. If you’re partially at fault in the car accident, it doesn’t mean you lose your claim entirely. Instead, it highlights the importance of building a strong case to minimize any reduction in compensation.

We Can Help Protect Your Claim, So Call Today

With our experienced personal injury attorneys, we at Justin Lowe & Associates have seen how simple mistakes can jeopardize even strong cases. From auto accidents to slips and falls, our goal is to help Oklahoma residents recover compensation. If you’ve been injured, contact us today for a free consultation.

Located in Oklahoma City, Oklahoma, our firm serves clients throughout all of Oklahoma. If you're located anywhere in Oklahoma, call now to discuss your situation and develop a strategy to avoid these common pitfalls.