If you have never handled a personal injury claim, there are many injury claim mistakes you need to be on the lookout for to avoid. Injury claims can be quite confusing if you’ve never had to navigate through one before. The process has potential pitfalls that could critically damage your claim if not avoided. In this article, I am going to share six critical traps you should avoid to protect your injury case. Please note that the content of this article is not legal advice, and it’s always important to consult with a lawyer for your particular situation.
Injury Claim Mistake #1: Ignoring the Statute of Limitations
One of the first injury claim mistakes to be aware of is ignoring the statute of limitations in your case. This law sets a time limit on your right to file a lawsuit for your injury claim. The time limit varies depending on the type of claim and the jurisdiction in which your claim must be filed. In Kentucky, where I practice law, the statute of limitations on most types of injury claims is only one year from the date of loss. Do not let this deadline pass without filing your lawsuit, or you could lose your right to claim entirely.
Mistake #2: Starting with a Low Settlement Demand
The initial settlement demand sets the tone for the negotiation process. It’s crucial not to undersell your claim at the onset. If you start with a low figure, the insurance company’s subsequent offers will most likely fall below what they would be willing to offer. Always aim to start negotiations off with an amount exceeding the value of your case, especially since their first offer is almost never their final offer, barring circumstances where they offer their insured’s policy limits. In many cases it is also wise to simply make a demand that the adverse insurance company make for the policy limits.
Mistake #3: Accepting the Insurance Company’s Initial Offer
Accepting the insurance company’s first offer could potentially result in a significantly lower settlement. Unless the offer is for the policy limits, always negotiate for a better deal. Keep in mind that their first offer is almost never their best offer. It may take some more time to negotiate a bigger settlement, but it will be worth it.
Mistake #4: Failing to Preserve Your Underinsured Motorist Claim
This applies to car accident cases. Underinsured motorist coverage (UIM coverage) is a type of insurance coverage that can help if the at-fault driver in your motor vehicle accident doesn’t have enough insurance to cover your damages. However, preserving your UIM claim requires complying with specific laws, some of which may be quite strict. For instance, in Kentucky, you must provide written notice to the UIM carrier of your intention to accept a policy limit offer from the at-fault driver and give the UIM carrier 30 days to decide if they wish to preserve a claim against the at-fault driver.
Injury Claim Mistake #5: Overlooking Potential Insurance Coverages
Investigate all possible sources of insurance coverage for your claim. You might be able to claim from several insurance policies, depending on your circumstances. For instance, in Kentucky, if you’re a passenger in a car accident, you could potentially pursue a claim against all driver’s insurance policies for any driver who may have some liability for the accident.
Injury Claim Mistake #6: Failing to Hire an Expert for Your Case
In some cases, an expert witness may be required to substantiate your claim. For example, in slip and fall or trip and fall cases, an expert witness is usually needed to testify about a defective condition that caused your fall. In some car accident cases, an accident reconstruction expert might be necessary to prove the other driver was at fault. Also, in many injury cases, it’s wise to hire a medical expert to testify and provide a report. Hiring an attorney can help with the hiring of experts, as they can find a recommended expert and cover the cost as part of the case.
Hire Meagher Injury Lawyers So You Don’t Have to Worry
Avoiding these injury claim mistakes is just the start, and it alone won’t ensure you get the maximum settlement possible. There are various strategies you can implement to optimize your injury claim settlement. Our office will not only avoid these mistakes with your injury claims, but we will also work to maximize the compensation you receive following your motor vehicle accident, slip or trip and fall incident, or dog attack incident. If you’ve been injured in a car accident in Kentucky, remember to act quickly. As we like to say: Don’t Wait, Call Tate!
