Pursuing a personal injury claim can be an intricate process, especially when you’re recovering from an accident. While the steps may appear simple, even minor errors can jeopardize your chances of obtaining fair compensation. To help you navigate this journey, we’ve outlined ten crucial mistakes to avoid when filing a personal injury claim in Pennsylvania.
1. Neglecting Your Health After the Incident
Your well-being should always take precedence following an accident. Ignoring injuries or delaying treatment can not only hinder your recovery but also damage your case. Injuries like internal trauma or concussions might not be apparent immediately but can escalate if left untreated.
Proactive Step:
Seek medical attention right away, even if you don’t think you’re hurt. Prompt care links your injuries to the accident and eliminates the risk of others disputing their origin. Additionally, having a detailed medical record supports your claim. Regular follow-ups with healthcare providers can also uncover hidden injuries that develop over time.
2. Failing to Collect Evidence at the Scene
Strong evidence is the cornerstone of any successful personal injury claim. Without proper documentation, establishing the events leading to the accident or proving liability becomes more challenging.
Proactive Step:
Capture photographs of the scene, your injuries, and any property damage. Secure witness contact details and, when applicable, file a police report. These steps ensure you have comprehensive evidence to bolster your claim. Make sure to note environmental factors like weather, lighting, or hazards that contributed to the accident.
3. Over-Sharing with Insurance Representatives
Insurance adjusters often present themselves as allies, but their ultimate goal is to minimize payouts. Providing excessive information or agreeing to recorded statements can weaken your position.
Proactive Step:
Limit your interactions with insurance companies and redirect their inquiries to your lawyer. This prevents adjusters from using your words against you and safeguards the value of your claim. Remember, even casual remarks like "I’m feeling better today" can be misconstrued to downplay your injuries.
4. Discussing Your Case on Social Media
Social media platforms may seem like a harmless outlet for sharing your experience, but posts related to your accident or recovery can be misinterpreted and used against you.
Proactive Step:
Avoid posting anything about your accident, injuries, or daily activities online. Ask friends and family to respect your privacy and refrain from discussing your situation publicly. Even unrelated posts showing you engaged in physical activities could be used to question the severity of your injuries.
5. Skipping Follow-Up Appointments
Consistently attending medical appointments and following your doctor’s advice demonstrates the seriousness of your injuries. Skipping sessions can give the impression that your injuries are less severe than claimed.
Proactive Step:
Stick to your treatment plan, attend all scheduled appointments, and keep records of your progress. This reinforces the legitimacy of your injuries and their impact on your life. If you’re unable to attend appointments due to unforeseen circumstances, inform your healthcare provider promptly to avoid gaps in your treatment history.
6. Quickly Accepting a Settlement Offer
Insurance companies often extend low initial settlement offers, hoping victims will accept them without fully understanding the value of their claims. Accepting too soon can leave you undercompensated.
Proactive Step:
Consult with a legal professional before agreeing to any offer. A lawyer can evaluate whether the proposed amount adequately covers your medical expenses, lost wages, and future needs. Settlements should also account for long-term care or rehabilitation costs.
7. Missing the Filing Deadline
Pennsylvania’s statute of limitations for personal injury claims is typically two years from the date of the accident. Missing this deadline can result in losing your right to compensation entirely.
Proactive Step:
File your claim promptly to avoid legal roadblocks. Partnering with a lawyer ensures all deadlines are met without last-minute complications. If extenuating circumstances like incapacitation delayed your filing, a lawyer can help argue for exceptions to the deadline.
8. Ignoring Non-Economic Damages
Physical injuries aren’t the only losses you may experience. Emotional suffering, reduced quality of life, and other intangible damages should also be factored into your claim.
Proactive Step:
Document how your injuries affect your daily activities, relationships, and emotional well-being. Sharing this information with your lawyer helps capture the full extent of your losses. Non-economic damages might also include the psychological toll of being unable to return to hobbies or routines you once enjoyed.
9. Attempting to Manage Your Case Without Professional Help
The legal system is complex, and insurance companies have teams dedicated to minimizing payouts. Navigating this landscape without skilled legal guidance can result in overlooked details or undervalued claims.
Proactive Step:
Hire an experienced personal injury lawyer familiar with Pennsylvania laws. Their knowledge and experience ensures your claim is handled thoroughly and strategically. Beyond legal advice, a lawyer can also provide emotional support during a stressful time, ensuring you feel empowered throughout the process.
10. Being Untruthful About the Impact of Your Injuries
Exaggerating or minimizing the effects of your injuries can harm your credibility if discrepancies arise. Honesty is paramount to building a strong and trustworthy case.
Proactive Step:
Provide accurate information about your injuries and their impact on your life. Consistency in medical records and statements enhances your case’s credibility. Transparency also allows your lawyer to address potential challenges proactively.
FAQs About Personal Injury Claims in Pennsylvania
1. What Steps Should I Take Immediately After an Accident?
Document the scene, seek medical attention, and consult with a personal injury attorney to protect your rights and strengthen your claim.
2. Can I Still Pursue a Claim If I Share Partial Responsibility?
Yes. Pennsylvania follows a comparative negligence rule, allowing you to recover damages as long as you’re no more than 50% at fault. However, your compensation will be reduced by your degree of fault.
3. What Compensation Can I Seek?
You may recover damages for medical expenses, lost wages, emotional distress, and other accident-related costs.
4. How Long Do I Have to File My Claim?
The statute of limitations for personal injury claims in Pennsylvania is generally two years from the accident date. Filing promptly ensures your claim is valid.
5. Why Should I Hire a Lawyer?
A personal injury lawyer will handle the complexities of your case, negotiate with insurance companies, and fight for the maximum compensation you’re seeking. Their experience ensures no detail is overlooked.
Call Tarasi & Tarasi Today and Take Control of Your Personal Injury Claim in Pennsylvania
Mistakes can jeopardize your chances of securing the compensation you’re seeking. Let Tarasi & Tarasi help you navigate the legal process and fight for your rights.
Contact us today at 412-883-8904 for a free consultation. Our team is here to guide you every step of the way and ensure your claim is handled with care. We represent clients in Pittsburgh, Scottdale, West Newton, and the surrounding areas. Call us now to take the first step toward justice.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.
