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Los Angeles Law Blog

By John Kristensen of Kristensen, LLP posted in Personal Injuries on Friday, June 25, 2021.
Personal Injury Claim: What Mistakes You Need To Avoid To Avoid Limiting Your Claim

Personal injury claims are very common, and even though they often end with seemingly favorable results for a plaintiff, what many people fail to realize is that the results – damages and compensations awarded to the plaintiff – ended less favorably than they could have. This is because of the nature of a personal injury claim.


When someone is involved in an accident and is injured, the victim’s attention and priority is often limited to dealing with the immediate effects of that injury. Many things occur from the moment of the accident to much later in or just before court that affects the outcome, and thus the compensation. Here are the mistakes you need to avoid to avoid limiting the compensation you deserve in a personal injury claim:


Not Recording Accident Details


It isn’t an accident victim’s first thought to record the details of the accident when it occurs. There’s the injury sustained, which may very well physically disable the victim, and then there’s shock and other emotional trauma. Whatever the case, an accident victim should do their best to take pictures, outline details (who, what, where, when, why, the date, etc), and take down the information of all parties involved. Forgetting to do so may make it difficult to prove the fault of the liable parties in court!


Not Visiting a Doctor


Declining to visit a doctor, or even delaying to visit a doctor, after sustaining an injury in any sort of accident or incident makes it much easier for defense attorneys to paint the picture of your injuries not being significant enough to warrant compensation.


…and Not Following Their Advice!


If you saw a doctor after sustaining an injury then it’s critical you follow their advice. If you don’t, your medical records can be used to show that your medical expenses and recovery took longer than it should have, and that you don’t deserve as much compensation.


Not Disclosing Medical History


Your medical history will come up in court, so it’s important to disclose it to your doctor (and attorney). If you fail to do so, and somehow the injury sustained in the accident aggravated a prior injury or occurred in the same part of your body, defense attorneys will argue that the injury wasn’t due to the accident, or only partially due to it.


Not Hiring an Attorney


Perhaps the most critical mistake is the failure to hire an attorney. After an accident, the victim will be bombarded by insurance companies and attorneys looking to obtain recorded statements or even settle before any whispers of a court case. If you aren’t sure whether or not you need an attorney, read here


Kristensen LLP has successfully represented many clients in the past in various personal injury claims, obtaining thousands of dollars in compensation. Let us protect you and preserve your interests while you focus on your health. Call today for a free and confidential consultation.