February 17, 2021

Common Mistakes to Avoid in A Personal Injury Claim

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Personal injury claims demand precision and careful attention to detail. When you suffer an injury due to someone else’s negligence, the legal process that follows can determine whether you receive fair compensation or walk away empty-handed. At Dennis & Winningham, our Chattanooga personal injury lawyers have witnessed countless cases where simple oversights transformed strong claims into disappointing outcomes for injured victims throughout Chattanooga.

The difference between success and failure often lies in avoiding critical errors that can undermine your case from the very beginning. These mistakes are surprisingly common, yet entirely preventable with proper guidance and awareness.

Delaying Medical Treatment After Your Accident in Chattanooga

One of the most damaging mistakes to avoid in a personal injury claim involves postponing medical care. Many accident victims feel fine immediately after an incident, assuming their injuries are minor or nonexistent. This assumption can prove costly both for your health and your legal case.

Tennessee law requires establishing a clear connection between your accident and your injuries.

When you delay seeking medical attention, insurance companies and opposing counsel will argue that your injuries occurred elsewhere or worsened due to your negligence in seeking treatment.

Even if you feel relatively normal after an accident, adrenaline and shock can mask serious injuries.

Concussions, soft tissue damage, and internal injuries may not present symptoms for hours or even days. Prompt medical evaluation creates an official record linking your injuries directly to the accident, strengthening your claim significantly.

Providing Recorded Statements Without Legal Counsel

Insurance adjusters often contact accident victims within hours of an incident, requesting recorded statements about what happened. These conversations may seem helpful, but they represent a strategic move to gather information that can later be used against you.

Adjusters are trained professionals who know exactly which questions to ask to elicit responses that minimize their company’s liability. They may ask about your pain levels, daily activities, or previous injuries in ways that can be taken out of context later.

Personal injury claim advice from experienced personal injury attorneys consistently emphasizes this point: never provide recorded statements without having legal representation present. You have the right to have an attorney review any settlement offers or participate in recorded conversations. Politely decline these requests and contact a qualified personal injury lawyer immediately.

Failing to Document Your Accident Scene Properly

Evidence disappears quickly after accidents occur. Skid marks fade, debris gets cleaned up, and witnesses forget crucial details.

Failing to gather comprehensive evidence at the scene represents another critical error that can weaken your claim substantially.

If you are physically able, take photographs from multiple angles showing:

  • Vehicle positions and damage
  • Road conditions and traffic signs
  • Your visible injuries
  • Property damage to personal belongings

Collect contact information from all witnesses present, including their full names, phone numbers, and brief statements about what they observed. Even passengers in other vehicles can provide valuable testimony about the events leading up to your accident.

Weather conditions, lighting, and time of day all play important roles in accident reconstruction. Document these environmental factors as thoroughly as possible, as they may become crucial elements in proving negligence later.

Accepting Quick Settlement Offers

Insurance companies often present settlement offers shortly after accidents, hoping to resolve claims quickly and inexpensively.

These initial offers typically represent a fraction of what your claim may be worth, especially if you have sustained serious injuries.

Quick settlements may seem attractive when medical bills are piling up and you are unable to work.

However, accepting these offers prevents you from seeking additional compensation if your injuries prove more severe than initially diagnosed or if complications develop during your recovery.

Inconsistencies in Your Medical Treatment

Gaps in medical treatment or failing to follow prescribed treatment plans can seriously damage your personal injury claim.

Insurance companies scrutinize medical records, looking for inconsistencies they can use to argue that your injuries are not as severe as claimed.

Missing appointments, skipping physical therapy sessions, or failing to take prescribed medications sends the wrong message about the severity of your condition. If financial concerns prevent you from following treatment recommendations, discuss these issues with your attorney immediately.

Social Media Activity During Your Case

Social media platforms have become treasure troves of evidence for insurance companies and defense attorneys. Posting photos, comments, or updates about your activities can contradict your injury claims and severely damage your case.

Even seemingly innocent posts can be misinterpreted or taken out of context. A photo showing you smiling at a family gathering might be used to argue that your pain and suffering claims are exaggerated, regardless of how you felt when the picture was taken.

The safest approach involves avoiding all social media activity related to your accident or current life circumstances until your case resolves completely. Adjust your privacy settings to maximum security and inform family members and friends to avoid tagging you in posts or photos.

Move Forward With Confidence in Chattanooga

At Dennis & Winningham, we help Chattanooga residents avoid these pitfalls while building compelling cases that maximize their compensation. Do not let simple oversights derail your path to fair recovery after someone else’s negligence has disrupted your life.

Get in touch with us today for professional help. We serve clients throughout Tennessee and Georgia in Hamilton County, Bradley County, Bledsoe County, Sequatchie County, Marion County, McMinn County, Polk County, Meigs County, Rhea County, Fannin County, Whitfield County, Walker County, Catoosa County, Madison County, and Dade County.

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