When accidents happen, the road to recovery is often paved with both physical and legal challenges. Filing a personal injury claim in Pennsylvania can secure the compensation you deserve, but it’s crucial to avoid common mistakes that could jeopardize your case. At van der Veen, Hartshorn, Levin & Lindheim, we understand these challenges and are here to provide the guidance you need. Below, we outline the most frequent missteps injury victims make and how to protect your claim.
1. Delaying Medical Attention
Failing to seek medical attention after an accident is one of the most harmful mistakes you can make. Even if your injuries seem minor at first, it’s crucial to visit a doctor right away. Waiting to seek treatment can not only affect your health but may also give insurance companies grounds to argue that your injuries are unrelated to the accident or not as severe as claimed.
- Pro Tip: Prioritize your health. Seek medical care immediately after your accident, follow your doctor’s advice, and keep thorough documentation of all treatments. Doing so not only safeguards your well-being but also strengthens your case.
2. Failing to Report the Accident
Another common error is not reporting the accident promptly. Whether it’s a car crash, workplace injury, or slip-and-fall incident, an official report helps establish the facts and can play a pivotal role in your claim. In Pennsylvania, police reports and incident reports are essential in proving liability.
- Pro Tip: Always report your accident to the appropriate authorities as soon as possible. If you're unsure how to proceed, a personal injury lawyer can guide you through the reporting process.
3. Talking to Insurance Adjusters Without Legal Representation
Insurance companies often aim to minimize payouts, so speaking with an insurance adjuster without the guidance of an attorney can harm your case. Adjusters are trained to extract statements that may be used to deny or reduce your claim. Even well-intentioned comments may be misinterpreted to imply fault or diminish the severity of your injuries.
- Pro Tip: Never engage with an insurance adjuster without consulting a personal injury attorney. An experienced lawyer will handle communications on your behalf and protect your rights.
4. Not Gathering Sufficient Evidence
The foundation of any successful personal injury claim is solid evidence. Failing to collect and preserve evidence—such as photographs of the accident scene, medical records, and witness statements—can seriously weaken your case. The more documentation you have, the stronger your claim will be.
- Pro Tip: Take photos, gather witness details, and retain all medical and accident-related records. If your injuries prevent you from doing so, your attorney can help ensure critical evidence is preserved.
5. Admitting Fault
In the immediate aftermath of an accident, emotions can run high, and you may feel compelled to apologize or admit fault. However, under Pennsylvania’s comparative negligence law, admitting fault—even partially—can reduce or eliminate your ability to recover compensation. If you're found to be more than 50% at fault, you may be barred from receiving damages altogether.
- Pro Tip: Avoid making statements that could be interpreted as an admission of fault. Stick to the facts and allow the investigation to determine liability. Your attorney will work to ensure your case is presented in a way that minimizes any attribution of fault to you.
6. Posting on Social Media
Social media can be a minefield for personal injury claims. Insurance companies and defense attorneys often scour plaintiffs’ social media accounts for evidence that contradicts their claims. Posting pictures or comments that suggest you’re not as injured as claimed can seriously undermine your case.
- Pro Tip: Limit or avoid social media use during your personal injury case. Be mindful of what you share, as even seemingly harmless posts can be misused against you. Consult with your lawyer about your online activity.
7. Settling Too Quickly
Many accident victims accept the first settlement offer without fully understanding the extent of their injuries or long-term costs. Initial offers from insurance companies are often lower than what your case may be worth, especially when future medical expenses, lost wages, and rehabilitation are factored in.
- Pro Tip: Don’t rush into a settlement. Consult with an attorney who can evaluate the full scope of your damages and negotiate a fair settlement on your behalf.
8. Ignoring Future Damages
Personal injury claims should account for both immediate and future damages, including ongoing medical treatment, lost wages, and diminished earning capacity. Many individuals settle without considering these future costs, leading to financial strain down the road.
- Pro Tip: Work with your attorney to include all potential future damages in your claim. Your lawyer may consult medical experts and financial professionals to help project future expenses.
9. Waiting Too Long to File a Claim
Pennsylvania law imposes a two-year statute of limitations for filing personal injury claims. If you miss this deadline, you may lose your right to compensation, no matter how strong your case is.
- Pro Tip: Don’t delay—consult a personal injury attorney as soon as possible. Acting quickly ensures your claim is filed within the legal timeframe, and your lawyer can gather crucial evidence while it’s still fresh.
10. Not Hiring a Personal Injury Lawyer
Perhaps the most significant mistake is attempting to handle your case without legal representation. Personal injury law is complex, and without an attorney’s expertise, you may face procedural errors, accept a lowball settlement, or miss out on compensation altogether.
- Pro Tip: An experienced personal injury lawyer can navigate the legal complexities of your case, protect your rights, and maximize your compensation. Don’t hesitate to seek legal assistance when dealing with serious injuries.
Navigating Your Injury Claim: How to Secure Fair Compensation in Pennsylvania
Filing a personal injury claim can be overwhelming, especially when you’re dealing with the physical and emotional toll of an accident. By avoiding these common mistakes, you can strengthen your case and improve your chances of securing the compensation you deserve. At van der Veen, Hartshorn, Levin & Lindheim, we are committed to guiding you every step of the way, ensuring you have the compassionate advocacy you need during this challenging time. Reach out to us today for a consultation, and let us help you navigate your personal injury claim with confidence.
Injured in Pennsylvania? Contact Philadelphia’s Trusted Personal Injury Lawyers Today
If you or a loved one have been injured in an accident in Pennsylvania, the experienced personal injury attorneys at van der Veen, Hartshorn, Levin & Lindheim are ready to help. Serving clients across Philadelphia, Allentown, and surrounding areas, our team has a proven track record of securing maximum compensation in car accidents, slip-and-fall cases, workplace injuries, and more. We’ll handle the legal complexities so you can focus on recovery. Contact us today for a free consultation and let us fight for your rights.