Personal injury cases can be complex and overwhelming, especially when you’re dealing with physical pain, emotional stress, and financial strain. Whether you’ve been injured in a car accident, slip and fall, or workplace incident, filing a personal injury claim is often the best way to seek compensation for your losses.



However, many people make critical mistakes that can jeopardize their case and reduce their chances of receiving fair compensation. This article will walk through the most common mistakes people commit when making their personal injury claims, beginning with how to approach your case and why engaging with a trusted Norfolk personal injury lawyer can make all the difference.

How to Approach Your Case

Handling a personal injury claim demands careful planning, attention to detail, and a clear understanding of the legal process. In Norfolk, Virginia, an area where only car accidents sum up to well over 12,000 yearly injuries, personal injury cases are ordinary but frequently done wrong. There is one enormous mistake people always make: attempt to navigate it alone.

This is where availing the services of a trusted personal injury lawyer norfolk becomes essential. A skilled attorney can help you build a strong case by collecting evidence, negotiating with insurance companies, and representing you in court if necessary. According to the American Bar Association, plaintiffs who hire a personal injury lawyer receive settlements that are, on average, 3.5 times higher than those who don't. By working with an experienced lawyer, you can avoid common pitfalls and maximize your chances of a successful outcome.

1. Failure to Seek Immediate Medical Attention

Perhaps one of the biggest mistakes you make following an injury is delaying your treatment. If you feel your injuries are not too serious, visiting a doctor within the same day will make sure that everything about your condition is documented correctly. Insurance companies tend to deny or reduce claims due to a lack of consistency in medical treatment.

A medical professional can also identify hidden injuries that may not show symptoms immediately. For instance, whiplash or internal injuries might take days or weeks to manifest. By seeking prompt medical attention, you protect your health and strengthen your case.

2. Not Gathering Enough Evidence

Evidence is the foundation of any case for personal injury. Without evidence, it will be very challenging to prove the fault and damage. Many accident victims fail to collect enough evidence at the accident scene, for example, pictures, witness statements, or police reports.

While an attorney can assist you in collecting and preserving evidence, there is little time to do so. Physical evidence simply disappears and memory fades over time. The sooner your case begins, the stronger it will be.

3. Giving a Recorded Statement to Insurance Companies

Insurance adjusters often ask for recorded statements soon after the accident. Though it may not sound too threatening, anything you say can be used against you to downsize or deny your claim. Therefore, avoid stating without first consulting your lawyer.

Your lawyer will handle all of your communication with the insurance company, and make sure you are protected and not being asked anything that could hurt your case.

4. Accepting First Settlement Offer

Insurance companies are notorious for offering low settlements in the hope that you’ll accept them out of desperation. Many people make the mistake of taking the first offer without realizing that it may not cover all their expenses, including future medical bills or lost wages.

A personal injury lawyer can evaluate the offer and negotiate for a fair settlement. They know the real value of your claim and will fight for you to receive the right amount of compensation.

5. Missing Deadlines

Each personal injury claim is subject to a statute of limitations, which differs from state to state. In Virginia, you generally have two years from the date of injury to file your lawsuit. Missing this deadline may result in the dismissal of your case.

Your attorney will be keeping track of all deadlines and ensure the timely filing of your claim. Paperwork and legal filings will not be an issue, so you can reduce your anxiety about these tasks.

6. Posting on Social Networks

Social media is a minefield for claimants of personal injuries. Insurance companies often check various social media profiles to gather evidence that might discredit your claims. For instance, a photo showing you hiking could be used against you in an argument that you are not as injured as you claim.

Do not post on social media about your accident or injuries. Change your privacy settings, then notify friends and family members not to tag you in posts.

7. Not Hiring a Lawyer

Probably the biggest mistake that could be made would be to try handling a personal injury claim by yourself. The legal processes are so intricate, and insurance companies are represented by their teams of attorneys who work to downsize payments to minimal amounts, so you are at a greatly weakened disadvantage.

A personal injury lawyer knows the ins and outs of the law and knows how to construct a compelling case. They will fight for your rights and ensure that you get fair compensation for your injuries.

8. Failure to Consider Future Damages

Most people are concerned with immediate expenses, such as medical bills and lost wages, but fail to consider future damages. These can include ongoing medical treatment, rehabilitation, and reduced earning capacity.

Your attorney will work with medical and financial experts to calculate the full extent of your damages. This ensures that your settlement or award covers both current and future needs.

9. Ignoring Your Doctor’s Advice

Failing to follow your doctor’s treatment plan can hurt your case. Insurance companies may argue that your injuries aren’t serious or that you’re not doing enough to recover.

Adhere to all medical recommendations and attend follow-up appointments. This demonstrates that you’re taking your recovery seriously and strengthens your claim.

10. Settling Too Quickly

Rushing to settle your claim can result in a payout that doesn’t cover all your expenses. Some injuries, such as traumatic brain injuries, may not fully manifest until months or even years later.

Take time to fully understand the injuries you sustained and the long-run impact of them. Your lawyer will ensure you don't settle before you are well informed on the extent of your damages.

Frequently Asked Questions (FAQs)

1. How long does it take to settle a personal injury claim?
The timeline is different, but most cases are settled within a few months to a year. Complex cases will take longer to settle, depending on whether the case goes to trial.

2. What happens if I can't afford an attorney?
Most personal injury lawyers work on a contingency fee basis, meaning you only pay if they win your case.

3. Can I still file a claim if I am partially at fault?
Yes, Virginia follows a contributory negligence rule, but even partial fault can affect your compensation. A lawyer can help you navigate this.

Conclusion

A personal injury claim is a very scary process, but avoiding these common mistakes can increase your chances of winning. A trusted personal injury lawyer in Norfolk will help you walk through the complexities of the law with confidence, allowing you to focus on getting better. Do not let such avoidable mistakes derail your case; take the right steps to protect your rights and secure your deserved compensation.