Getting hurt in an accident is an unsettling experience. The pain, the medical appointments, and the financial stress can feel overwhelming, especially when you are trying to recover. If your injury was caused by someone else’s carelessness, you may have the right to seek compensation through a personal injury claim.
However, pursuing a claim on your own can be confusing, and even small errors can have large consequences for your case’s value. This is why having sound personal injury claim advice is so important from the start.
At Savage, Royall & Sheheen, our Camden personal injury lawyers understand how important your claim is to your recovery. Our goal is to help you through the legal process, so you can focus on healing.
Common Mistakes to Avoid in a Personal Injury Claim
Here are some of the most frequent errors we see people make when handling their own injury claim:
1. Failing to Seek Medical Attention Immediately
Your health is the most important thing. Putting off a doctor’s visit gives the opposing side a chance to argue that your injuries are not serious or were caused by something else. Always seek medical help right away, even if you think your injury is minor.
2. Not Documenting Everything
The evidence decides your case. You need to keep detailed records of everything related to your accident and injuries. This includes photos of the accident scene and your injuries, medical bills, receipts for expenses, and a pain journal detailing how the injury affects your daily life.
3. Giving a Recorded Statement to the Insurance Company
The other driver’s insurance adjuster may call and ask you to give a recorded statement. Remember, they are working for their company, not for you. Anything you say can be used later to minimize your claim or suggest you were at fault. Do not give a statement without first speaking to a lawyer.
4. Discussing Your Case on Social Media
Insurance companies monitor social media. Posting pictures of yourself doing activities that contradict your claimed injuries or discussing the facts of the accident can severely damage your credibility and case value. Keep quiet about your case online.
5. Waiting Too Long to File
South Carolina has deadlines, called a statute of limitations, for filing a personal injury lawsuit. If you miss this deadline, you lose your right to sue, regardless of how strong your case is. Contacting a lawyer early helps ensure all deadlines are met.
What to Expect in a Personal Injury Claim
The process starts with an investigation and evidence gathering. You meet with a lawyer, and they will look into the details of your accident to identify who was at fault. This includes collecting police reports, medical records, and witness statements.
Next is the demand and negotiation phase. Your lawyer will send a formal demand letter to the at-fault party’s insurance company explaining why their client is responsible and proposing a figure to settle the claim. The insurance company will usually respond with a lower offer, and your lawyer will negotiate on your behalf. Most personal injury cases are resolved at this stage through a settlement.
If a fair settlement cannot be reached, the process moves to litigation (filing a lawsuit). This does not mean the case will go to trial immediately. Filing a lawsuit is a formal step needed to keep the claim alive and put pressure on the insurance company. Once a lawsuit is filed, both sides enter the discovery phase. During discovery, lawyers exchange information, take sworn testimony (depositions) from witnesses and parties, and gather more evidence.
Even after a lawsuit is filed, most cases still settle before trial. Often, the parties will attend mediation, where a neutral third party helps them try to reach an agreement. If all efforts to settle fail, the case will eventually proceed to a trial, where a judge or jury will hear the evidence and decide the outcome and the amount of compensation. The entire process can take several months to a few years, depending on how complex the case is and whether it goes to trial.
How a Personal Injury Lawyer Can Help
When facing a personal injury claim, having legal representation makes a difference. A personal injury lawyer can assist you in many ways:
- Protect You From Mistakes: We act as a shield, handling all communications with the insurance company to stop you from making mistakes in your personal injury claim.
- Investigate the Accident: We take over the collection of evidence. This includes reviewing police reports, gathering medical records, interviewing witnesses, and working with accident reconstruction experts to prove the other party was at fault.
- Accurately Calculate Damages: We look beyond initial medical bills. We calculate the full value of your claim, including future medical expenses, lost earning capacity, pain and suffering, and other long-term effects of the injury.
- Handle Negotiations: Insurance companies try to pay as little as possible. We handle all settlement negotiations, presenting a strong case based on facts and law to secure the maximum possible compensation for your injuries.
- Meet Strict Deadlines: Every personal injury case must be filed within a specific time limit (statute of limitations). We keep track of all deadlines to ensure your right to seek compensation is protected.
- Represent You in Court: If the insurance company refuses to offer a fair settlement, we are prepared to file a lawsuit and represent you throughout the litigation process, mediation, and trial. We advocate for your rights at every stage.
Contact Our Personal Injury Lawyer
If you have been hurt in an accident, don’t let a simple error hurt your chance at justice. The legal team at Savage, Royall & Sheheen is here to provide the focused representation you need. Contact us at 803-432-4391 for a free consultation.