Common Mistakes That Could Potentially Limit Or Hurt Your Personal Injury Case
There are many common mistakes that could limit or damage your personal injury case… You can’t always avoid all of them, but understanding the common pitfalls in the beginning can help you protect yourself throughout the process.
The greatest mistake happens when you stop treatment before your medical providers have recommended it. If your medical records indicate you did not seek medical advice or that you are failing to follow your doctor’s advice, your pain and suffering claim is put at a great disadvantage.
Juries don’t appreciate injured parties who don’t seek out help and then actively work at recovery, and it should come as no surprise that insurance adjusters don’t like these people either. That’s why we advise our clients to seek out their doctor’s advice, follow it, and aim to continue with treatment, not end it prematurely. Otherwise, you are going to damage the evidence we can use to help your pain and suffering claim.
Other common mistakes include:
- Going back to work too early
- Posting photos and videos on social media that show you participating in strenuous activities
- Speaking directly to insurance adjusters without an attorney
- And more…
If you’re interested in finding out what you can do to secure your claim, speaking with a personal injury attorney is the next best step. Working with an expert who has handled countless cases like yours means that you don’t have to wonder whether or not you’re moving too fast or too slow – you can have an advocate in your corner who can walk with you through each step of the way.
The Most Common Defenses Insurance Companies Use To Minimize Or Deny Pain And Suffering In A Personal Injury Case
Insurance companies often minimize the value of your claim to pain and suffering by arguing that the injury was not severe enough to warrant this kind of compensation. Additionally, our observation is that insurance adjusters tend to downplay personal injury cases overall when a person’s injuries do not warrant formal treatment. This is especially the case in claims where the accident was low impact and only resulted in soft tissue or whiplash.
Although insurance adjusters are not trained medical professionals, they tend to see injuries in “lower impact” accidents as being categorically less intense. In short, this means insurance companies tend to generalize people and their injuries even when they do not have detailed documentation.
Something that’s important to keep in mind: A lot of insurance companies generalize by using the level of property damage as a single indicator to reach a decision. If the insurance company does not see a significant amount of property damage, then they are more skeptical of a pain and suffering claim.
As your attorneys, our job is to gather that information that contradicts their generalization about the connection between low property damage and pain and suffering. Even low-impact accidents can cause severe injuries – and your claim should always be valued properly, no matter how it may look on the outside.
Strategies Your Lawyer Can Use
By filing a lawsuit, your attorney can pressure the insurance company into accepting your valuation of pain and suffering. When a lawsuit is filed, the insurance company has to file an attorney who can represent them in an Arkansas court. In our cases, this is usually another local attorney who we have had similar cases with before. This gives us the opportunity to get negotiations going on a more personal level.
Additionally, this is often the first time someone working for the insurance company gets to physically see you and talk to you in a deposition. Thus, you go from being a number on a medical report to being an actual person. This in and of itself usually increases the insurance company’s settlement offer and their desire to compromise with us so that you can get the compensation you deserve.
Negotiating The Pain And Suffering Components
If your insurance company comes back with a major settlement offer, we can still negotiate the pain and suffering component of your case. And if we’ve fully presented documented proof of your pain and suffering claim but find ourselves at a point where they are still refusing to recognize this proof, we can always go to court. This is the number one way that we can negotiate with an unreasonable insurance company.
At the end of the day, an insurance company will pay what they think a jury might make them pay. This is because they’ll be legally required to pay what a jury tells them to pay if the matter goes to court – and going to court is more expensive and time-consuming. By pressuring an insurance company with a trial, you can often find the outcome you are looking for.
With the guidance of a skilled attorney for Personal Injury Law Cases, you can have the peace of mind that comes with knowing that we’ll make it look easy. For more information on Personal Injury Law in Arkansas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (497) 337-7077 today.