Common Mistakes to Avoid When Filing a Personal Injury Claim in Pennsylvania
Filing a personal injury claim in Pennsylvania can be a complicated process. Victims often make mistakes that can negatively impact their cases. To ensure a better chance of receiving the compensation you deserve, here are some common mistakes to avoid when filing a personal injury claim in Pennsylvania.
1. Delaying Medical Attention
One of the most critical mistakes victims make is not seeking immediate medical attention after an injury. It’s essential to obtain a medical evaluation as soon as possible, even if injuries seem minor. Not only does this establish the severity of the injuries, but it also creates official documentation that can be vital for your claim.
2. Failing to Document the Incident
Proper documentation is crucial in personal injury claims. Failing to collect evidence at the scene—such as photographs, eyewitness contact information, and police reports—can weaken your case. Make sure to document everything related to the accident, including any details you notice that might seem insignificant at the time.
3. Not Keeping Records of Expenses
In Pennsylvania, you can recover damages for medical expenses, lost wages, and other costs related to your injury. However, if you do not maintain accurate records of these expenses, you may miss out on potential compensation. Keep all receipts and statements that pertain to costs incurred because of your injury.
4. Speaking to Insurance Adjusters Without Legal Representation
Insurance adjusters often try to minimize payouts for injuries. Speaking with them without legal advice can be detrimental. They may ask you leading questions or try to get you to admit fault, which can jeopardize your claim. It’s wise to consult with a personal injury lawyer before communicating with insurance companies.
5. Settling Too Quickly
One of the gravest mistakes is accepting a quick settlement offer. Insurance companies may pressure you into settling before you fully understand the extent of your injuries and damages. Always consult with your attorney before accepting any offers to ensure you are fully compensated for your injuries.
6. Not Understanding Pennsylvania’s Comparative Negligence Law
Pennsylvania follows a modified comparative negligence rule. This means that if you are found partially at fault for the accident, your compensation may be reduced by your percentage of fault. Understanding how this law affects your claim is crucial. Consult a legal professional to help you navigate these complexities.
7. Ignoring the Statute of Limitations
In Pennsylvania, the statute of limitations for personal injury claims is typically two years from the date of the injury. Failing to file within this timeframe can result in losing the right to pursue your claim. Be proactive and consult with an attorney promptly to ensure your case is filed on time.
8. Overlooking Emotional and Psychological Impacts
Many people focus solely on physical injuries when filing a claim. However, emotional and psychological damages can also be significant. Make sure to address any mental health issues with your healthcare provider and include these considerations in your claim.
9. Misrepresenting Facts
Being dishonest about any aspect of your case can severely undermine your claim. Insurance companies conduct thorough investigations and can uncover inconsistencies. Always provide accurate information and be forthcoming with your legal representation.
10. Not Hiring an Experienced Personal Injury Attorney
Finally, one of the biggest mistakes is not hiring an experienced personal injury attorney. Legal experts understand the nuances of Pennsylvania law and can help navigate the claims process, ensuring your rights are protected. They can also significantly improve your chances of obtaining fair compensation.
Avoiding these common mistakes when filing a personal injury claim in Pennsylvania can significantly impact the outcome of your case. Make informed decisions, seek legal advice, and protect your rights throughout the process.