February 24, 2025
Making mistakes during the personal injury claims process can significantly impact the outcome of your case, often resulting in lowball settlement offers from insurance companies. Understanding these common errors and how to avoid them is essential for maximizing your compensation. Below are some of the most frequent mistakes that lead to low settlement offers and practical tips to safeguard your claim.
Failing to seek immediate medical attention after an accident is one of the most common mistakes. Injuries such as whiplash or internal damage may not be immediately apparent but can worsen over time. Insurance companies often use delays in treatment to argue that your injuries are minor or unrelated to the accident, weakening your claim.
How to Avoid It: Seek medical care immediately after the accident, even if you feel fine. Ensure all treatments and diagnoses are documented.
Poor documentation of the accident scene, injuries, and damages can make it difficult to establish liability. Without clear evidence, insurers may dispute your claim or offer a lower settlement.
How to Avoid It: Take photos and videos of the accident scene, injuries, and property damage. Collect witness statements and contact information.
Many victims accept the first settlement offer out of financial desperation or lack of understanding about their claim's true value. Initial offers are often much lower than what you deserve.
How to Avoid It: Consult with an attorney before accepting any offer. They can help you evaluate whether the settlement reflects the full extent of your damages.
Attempting to navigate a personal injury claim without legal representation can lead to procedural errors and undervaluation of your claim. Insurance companies often exploit unrepresented victims by offering lower settlements.
How to Avoid It: Hire an experienced personal injury attorney who can guide you through the process, negotiate on your behalf, and ensure you pursue all applicable damages.
Read: Understanding Comparative Fault and Its Impact on Settlement Offers
Posting about your accident or recovery on social media can undermine your claim. Insurers may use your posts as evidence to argue that your injuries are not as severe as claimed.
How to Avoid It: Refrain from discussing your case or posting photos/videos related to your recovery online until your claim is resolved.
Settling a claim before completing medical treatment or fully understanding the long-term impact of injuries can result in inadequate compensation for future expenses.
How to Avoid It: Wait until you reach maximum medical improvement (MMI) before settling. This ensures that all current and future damages are accounted for.
Misrepresenting details about your accident or injuries—intentionally or unintentionally—can damage your credibility and give insurers grounds to deny or undervalue your claim.
How to Avoid It: Be honest and accurate in all communications with medical professionals, insurers, and legal representatives.
Failing to file a claim within the statute of limitations can result in losing your right to pursue compensation entirely.
How to Avoid It: Be aware of filing deadlines in your state (e.g., three years for personal injury claims in North Carolina) and act promptly.
Avoiding these common mistakes is critical for protecting your rights and ensuring fair compensation in a personal injury case. By seeking prompt medical attention, documenting everything thoroughly, consulting with an attorney, and being cautious with social media activity, you can strengthen your case and counter lowball offers effectively.
If you’ve made any of these mistakes or need help navigating a personal injury claim, Hall & Dixon is here to assist you. Their experienced legal team specializes in personal injury cases and can provide tailored guidance to ensure you receive the compensation you deserve. Contact Hall & Dixon today for expert support in handling your personal injury claims in North Carolina.
Read: Common Mistakes That Lead to Lowball Offers in Personal Injury Cases
