Bodily injury settlement claims can be tricky, especially if you’re not familiar with the process. There are plenty of pitfalls that can cost you time, money, and peace of mind.
It’s safe to warn you beforehand that insurance companies might seem helpful, but they don’t always have your best interests at heart. This guide will walk you through common mistakes to avoid so you can increase the odds of getting the damages you deserve from your bodily injury claim.
Accepting the First Settlement Offer
Say you’re involved in an accident, and before you even finish your medical treatment, the insurance company calls. They offer a settlement, and you’re tempted to take it. After all, money is money, right? Thing is: that first offer is often way lower than what you deserve.
Insurance companies aim to settle quickly and for as little as possible. They count on you needing cash right away, or maybe you’re just eager to close the case and move on. But accepting the first offer means you might miss out on the full compensation
What to do instead? Negotiate. As this stage, engaging the services of an attorney well versed in personal injury settlement can go a long way. They’ll help you make sense of the true value of your claim, and hold settlement negotiation with the insurance service provider on your behalf.
These attorneys will only settle when you’re confident the compensation amount will cover all your expenses—present and future.
Not Seeking Immediate Medical Attention
Maybe you’ve got a few bumps or bruises but no immediate pain. So, you skip the hospital and figure you’ll deal with it later. But the truth is, some injuries, like whiplash or internal trauma, might not show up until days or even weeks later.
If you don’t see a doctor right away, the insurance company might argue that your injuries weren’t serious or weren’t caused by the accident at all. That can drastically reduce your settlement amount.
The solution? Always seek immediate medical attention, even if you feel fine at first. Having that medical record from right after the accident proves that your injuries are real and related to the incident. Plus, it ensures you get the care you need before things get worse.
Failing to Document Evidence
When you’re in an accident, it’s easy to forget the details, especially in the heat of the moment. But these details can make or break your case. Without photos of the scene, like damage to your car or the position of the vehicles, it becomes your word against theirs. That could reduce your compensation.
So, what should you do? Take photos of everything—your car, their car, the road conditions, and any visible injuries. Even the smallest detail can matter, like taking a picture of a stop sign that was partially blocked, which might explain how the accident happened.
If there are witnesses, get their contact details. And keep a record of all your medical visits and expenses. The more organized and detailed you are, the easier it will be to prove your case.
Talking to the Insurance Company Without Legal Representation
You might think it’s okay to have a casual conversation with the insurance adjuster. After all, they sound friendly and helpful on the phone, right? But don’t be fooled—their job is to minimize what they pay out. Anything you say, even unintentionally, could hurt your case.
For instance, the adjuster might ask, “How are you feeling today?” If you casually say, “I’m doing okay,” they could later argue that your injuries aren’t that severe. Every word you say can be twisted to downplay the seriousness of your injuries. And if they ask about how the accident happened, you might unknowingly admit liability.
The bottom line? Don’t talk to the insurance company without consulting a lawyer. Let your attorney handle the communication. They know how to protect your rights and prevent you from saying something that could undermine your compensation claim.
Underestimating Future Medical Expenses
It’s easy to think only about your current medical bills when negotiating a settlement. But what about the long-term? Some injuries can lead to chronic pain, physical therapy, or even surgeries down the road. Settling too quickly without considering future costs is a huge mistake.
If you settle early and new complications arise, you’re out of luck—you won’t be able to go back and ask for more money. This could leave you paying out of pocket for ongoing treatments, which can add up fast.
What’s the takeaway? Always consider future medical costs. Ask your doctor about the long-term prognosis of your injury. If there’s even a chance you might need additional treatment, factor that into your settlement.
Ignoring Statutes of Limitations
Every state has a statute of limitations—basically, a deadline for filing your compensation claim. If you miss it, you lose your right to seek compensation altogether.
It’s easy to get caught up in life and push things off. But the clock starts ticking from the moment the accident happens. The longer you wait, the harder it can be to gather evidence, track down witnesses, or build a solid case.
To avoid this, make sure you know your state’s deadline for filing a claim. And don’t wait until the last minute. The sooner you start the settlement process, the more time you have to build a strong case.
Posting on Social Media
It’s tempting to share every part of your life on social media. But when it comes to a bodily injury settlement, it’s better to stay off the radar. Posting about your accident or your recovery can seriously hurt your case.
Insurance companies can and will check your social media profiles. If you post photos of yourself out with friends or engaging in physical activities, they might use that to argue your bodily injuries aren’t as severe as you claim. Even seemingly harmless posts can be taken out of context and used against you.
So, what’s the smart move? Avoid posting anything about your accident, bodily injuries, or recovery on social media. Even better, tighten up your privacy settings. And if you must share, think carefully about how it could be perceived. It’s best to keep a low profile until your case is fully resolved.
Closing Thoughts
Chasing bodily injury settlements while at the same time dealing with the aftermath is definitely not easy. But with the right team on your end and the proper knowhow, you’ll avoid many pitfalls that can reduce the odds of getting compensation that’s justly yours.
