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8 Common Mistakes Personal Injury Claimants Make

Ashby Digital Agency • May 05, 2021

8 Common Mistakes Personal Injury Claimants Make

Pitfalls of a personal injury claim that could be detrimental on your claim and result in a smaller payout.

Making a personal injury claim may not always be plain sailing. If you're paving your way through your first personal injury claim, you could very easily make costly mistakes. To avoid being in this situation, we've covered the common mistakes you should become aware of before it is too late.

8 Common Mistakes Personal Injury Claimants Make:

Assuming A Claim Will Be Easy

While some cases can be relatively straight forward with an obvious liability, this is not always the case. Some legal claims can be a drawn-out, stressful process depending on the severity of the case. It is highly difficult to predict how the party you're claiming against are going to respond - it is advised to speak with your solicitor.

Not Asking Enough 'Silly' Questions

You should never be afraid of asking 'silly questions' or 'too many questions'. Your personal injury lawyer is there to help you and guide you through your claim. It is expected that you would have a lot of questions to ask and your lawyer will be prepared and happy to answer them. The outcome is always better if you ask the questions as opposed to not!

Speak With A Solicitor

Being Afraid Incase You Have To Go To Court

This is not something you have to worry about, only a very small number of personal injury claims are taken to court. Complex cases with no party willing to accept liability have the potential to be take to court. Should your case be in this small proportion, your claim will be heard by a judge, not a jury. Your solicitor will guide you through every step.

Failing To Collect / Keep Key Evidence

As a claimant, it is your job to prove negligence and bring a claim. Therefore the more evidence you collect during/after the event, the better. It is also your job to keep this evidence safe and organised so that you can access it as and when requested. At the scene of an accident you should ensure your safety first and then think about collecting evidence. 

Forms of Personal Injury evidence include:

  • Photographs / Videos
  • Personal Contact Details
  • A Detailed Journal of the Event
  • CCTV Footage
  • Accident Report / Medical Records
  • A Track of Additional Expenses Made
  • + anything else you think would be helpful.

Settling  A Claim Too Soon

You must be clear on the full extent of your injuries before settling your claim. You may still be facing daily struggles and unable to work after the 6 month recovery period that was initially suggested, by settling too early you will be missing out on a high valued claim. Your claim should only be settled upon final medical reports & legal advice.

Taking Legal Advice From Unqualified Friends & Family Members

It's understandable your friends and family only want to help you, but sometimes their help is not all that helpful. Unless your friend/family member is a trained personal injury specialist, it's advised not to listen to their legal advice. Even if they have been through a similar personal injury claim to you, all cases are different and their advice may well not be fit for purpose for your claim.

Get Professional Legal Advice

Assuming Your Lawyer Is Only Dealing With Your Case

Most Personal Injury lawyers will be dealing with multiple claims at any one time. Therefore you can't expect them to be spending 100% of their time working/chasing up on your claim. While it is acceptable to give your lawyer a nudge or ask for an update, there's no need to constantly pester them. Your claim will be dealt with, as will everyone else's!

Oversharing On Social Media

You MUST be very careful what you post on social media regarding your personal injury claim whether or not it has directly affected you or someone close to you. Posts on social media can be brought to attention during the claim process and may not always work in your favour! The best advice is to keep this off social media at all costs.

If you require further legal advice regarding a personal injury claim, please contact Personal Injury Specialist Ian Hass on ian@ehsolicitors.co.uk or call 0121 746 3002.

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