What not to do when making a personal injury claim

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Carrie Tennick, March 20, 2020

A personal injury claim can be straightforward and uncomplicated in many cases. But it often depends on making sure you do the right preparation and take the appropriate actions during the claim.

You’re entitled to justice and compensation when you’re hurt in an accident that wasn’t your fault. We’ve set out what to avoid doing during your claim to give yourself the best chance of success.

Not reporting your accident

When you have an accident, the first thing you should do is report it. This could be to the company or organisation responsible for the building it happened in – for example, a shopping centre or supermarket. In some cases, such as those involving road traffic accidents, you’ll need to report the accident to the police.

The most important thing is that you have officially made someone aware of what happened. If you don’t, the legitimacy of your claim could then be questioned when beginning a personal injury claim. So it’s a good idea to make sure the date, time and circumstances of your accident are recorded.

Not keeping evidence

To give yourself the best chance of a successful claim, you’ll need to provide evidence of what happened and how you’ve suffered as a result. If you don’t, the party you’re claiming against will be able to question whether the situation was really as serious as you say it was.

Take photographs of everything involved in the accident. This includes your property if it’s been damaged. Keeping the property to show to solicitors and insurers can be helpful. You should also take photographs of the injury you’ve sustained so you can show without a doubt what you went through.

Not seeking medical attention

Medical attention should be your priority after an injury so make sure you get checked out as soon as you are involved in the accident. This will also serve as evidence when making your claim. Make sure you tell the clinician about all the symptoms you’re suffering from. It won’t look good if, further down the process, you bring up a symptom you didn’t mention at the beginning.

Occasionally, your solicitor will arrange for you to be examined by a medical specialist. It would be a mistake to reject this offer as it could provide proof to the other side of how serious your injuries were.

Giving in too soon

If you’ve suffered an injury and you’re offered compensation as an apology, it’s very easy to be tempted by the first amount set out. But you might be selling yourself short. You could be entitled to more than is originally offered.

Your solicitor will be able to advise you on whether you’ve been made a decent offer. They can also tell you whether you could secure an interim payment to cover any loss of earnings you experience after your injury.

Not reporting psychological injuries

When you’re undergoing your medical examination, you should ensure you tell the clinician in question about any psychological issues you’re experiencing after your injury. Psychological problems can affect your daily life just as much as physical ones, so you should take them just as seriously.

You will be entitled to compensation if you suffer psychological damage, which includes post-traumatic stress disorder. This could go some way towards getting you the help you need to make a recovery.

For more information on what you should and shouldn’t do during a personal injury claim, just get in touch with our friendly advisors. They’ll be able to help you decide what the best thing for you to do is.

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