Suffering a personal injury is a distressing experience. Pursuing a personal injury claim is an important step towards being awarded compensation for your losses and being able to live with your injury into the future.
There are different laws governing personal injury claims across Australia. The processes vary depending on whether your injury occurred at work, in a public place, while driving, or as the result of medical negligence or crime. However, regardless of the cause of your personal injury, it is crucial to be aware of some common mistakes which can undermine your claim.
In this article, we highlight seven key mistakes to avoid when pursuing a personal injury claim. This information is general only and we recommend that you contact us to obtain legal advice from one of our experienced personal injury solicitors.
Mistake 1: Failure to Notify the Relevant People
One of the critical mistakes a person can make after sustaining an injury is failing to notify the relevant individuals or authorities. Depending on the circumstances of your injury, this may involve notifying your employer, the police, or your healthcare providers.
Failure to report an incident promptly can weaken your claim and make it difficult for you to establish liability or prove the severity of your injuries. It is crucial to report your injury to the appropriate parties as soon as possible to ensure that the incident, and your resulting injuries are clearly documented.
Mistake 2: Failure to Keep Good Records
Meticulous record-keeping is important for building a strong personal injury claim. Failure to keep detailed records of important information can weaken your claim. Keep a record and chronology of all relevant events leading up to and following the incident, with details of dates, times, and locations.
It is also important that you gather the contact information of any witnesses present during the incident. You should also keep copies of all medical records, invoices, and correspondence related to your injury. These records will help substantiate your claim and provide crucial evidence.
Mistake 3: Failure to Follow Medical Advice
Consistency in attending medical appointments and following your doctor’s advice is essential for both your recovery and your personal injury claim. Failing to seek medical attention promptly or missing scheduled appointments can raise doubts about the severity of your injuries or your commitment to recovery.
Insurance companies and other defendants may use this against you to undermine your claim. It is important to prioritise your health and follow through with medical recommendations to support the legitimacy of your claim.
Mistake 4: Posting on Social Media
Social media has a significant impact on personal injury claims. Any posts which contradict your claim can be detrimental. For instance, if your injury causes you debilitation but your posts imply that you are leading an active lifestyle, insurance companies and other defendants will use your posts as evidence to undermine your claim.
It is wise to be cautious with your social media presence during the claims process. Insurance companies and defence lawyers often scrutinise claimants’ social media profiles for evidence that can be used against them. It is a good general rule to avoid discussing your claim or posting photos or videos that could be misinterpreted.
Mistake 5: Failure to Obtain Legal Advice
Attempting to handle your personal injury compensation claim without legal guidance is a common mistake. Personal injury law is complex, and insurance companies have teams of experienced adjusters and lawyers working to protect their interests and minimises your entitlement.
Without legal representation, you may not fully understand your rights, the value of your claim, or the negotiation strategies employed by the opposing party. Engaging a skilled personal injury lawyer ensures that your interests are protected and increases your chances of receiving fair compensation.
Mistake 6: Failure to Report Psychological Symptoms
Physical injuries can result in the experience of mental health conditions including depression, anxiety and post-traumatic stress disorder (PTSD). Poor mental health can negatively impact on your recovery from your physical injuries and may impact your ability to work and participate in life. As such, you should tell your doctor and solicitor if you experience any adverse psychological symptoms such as anxiety, memory issues or nightmares following your injury.
Mistake 7: Waiting Too Long
Timing is crucial when pursuing a personal injury claim. There are specific time limitation which dictate the date before which you must bring a claim for personal injuries. Waiting too long to take legal action can result in your claim being time-barred and you consequently losing the opportunity to claim compensation.
It is essential to consult with a personal injury lawyer as soon as possible to ensure your claim is filed within the required timeframe.
Conclusion
You can sustain injuries or loss in almost any area of life whether that be at work, in a motor vehicle accident, in a public place or while receiving medical treatment. Depending upon where your injury occurred, whether or not you were at fault, and your degree of injury, you may be eligible to make a personal injury claim.
No matter what type of claim you are making, it is important to protect your rights and avoid making mistakes that may jeopardise your chances of obtaining the maximum compensation to which you are entitled.
If you or someone you know wants more information or needs help or advice, please contact our experienced and expert team on 08 8443 4888 or email [email protected]. We offer a free first interview.