Pages Navigation Menu

Things to do in Orange County for OC Moms

Categories Navigation Menu

Here Are The Mistakes To Avoid When Filing A Personal Injury Claim

When you are injured due to another party’s negligence, it can feel like your life is spiraling out of control. You need money for medical bills and time off work but now must take the time to file a personal injury claim against the other party. Filing this type of lawsuit can be both stressful and confusing. Here are the top mistakes to avoid when filing your damages claim against another party.

Not Having A Personal Injury Lawyer Review Your Claim

Remember that you are not an attorney, so it is important to have a personal injury lawyer review your case before filing. The last thing you want to do is file the wrong paperwork or miss some key element that would allow your case to move forward. A personal injury attorney will be able to review your paperwork and determine what you are entitled to based on the facts of your case. As stated by the experienced legal representatives from Finz & Finz, P.C, filing a claim without a personal injury attorney can lead to many issues, such as money lost and your case not moving forward. Therefore, do not try to file your claim yourself if it involves any kind of injury, and especially if it involves another person’s negligence.

Not Filing Your Case Within The Appropriate Time Frame

Every state is different when it comes to filing a personal injury case. You must file your case within the appropriate time frame set forth by your state’s laws, so be sure you know what that time frame may be. For example, if you live in the state of New York and suffer an injury due to another person’s negligence, then you have two years from the date of your injury or three years from the date that you should have reasonably known that you had suffered an injury due to their actions. On the other hand, some states have a much shorter time frame. Whatever the time limitation is, if you don’t file a claim within the timeframe,  in most cases, you will not be able to proceed with your case.

Failing To Only File A Personal Injury Claim On Behalf Of Yourself

It is important that when filing a claim that you only speak and file any claims on your behalf and do not include anyone else’s name in the paperwork, such as family members or significant others. If you file anything claiming another person was also injured in the process, it can severely damage your case and could lead to lawsuits being filed against you by everyone included in your initial paperwork. Just stick with your name when initially filling out the paperwork and if you need to add someone else as a plaintiff, such as your child, then simply state that they were not old enough to file their own.

Not Having The Right Evidence To Support Your Claim

It is important to have documentation and evidence to support your claim. Do not just rely on your memory of how things happened or what was said. If you can’t prove that another party’s negligence caused injuries, then it will be a lot harder to win a settlement. Make sure you have copies of any paperwork relevant to the accident such as police reports, medical records, photos, text messages, and any other kind of documentation that can help back up your claim. You should also have a list of witnesses who can verify that the incident happened as you have stated, and these witnesses should be easy to contact if necessary. It is always better to have too much evidence rather than not enough.

Failing to Have Your Injuries Checked Out By a Medical Professional

For your claim to have the strongest possible case, you must have all injuries properly documented by a medical professional. You can’t expect any insurance company or a judge to believe that you were injured if you don’t have proper documentation to prove it. Therefore, take the necessary steps and get checked out by a doctor immediately following an accident, even if there are no apparent injuries. Make sure you tell your doctor exactly what happened, so this way they will be able to give you an accurate diagnosis and prognosis of any potential issues in the future. Even minor incidents should not be taken lightly, since whiplash from a fender bender can still lead to future problems.


The above list is the most common mistake that people make when filing a personal injury claim. If you can avoid these errors, then you will give your case the best possible chance to succeed while also keeping your own best interests in mind. Just make sure to always have your case evaluated by an experienced personal injury attorney first, so you know exactly what you are getting into and have a greater chance to successfully win your case.

Sign Up for Our Newsletter
Connect With Us

Leave a Comment

Your email address will not be published. Required fields are marked *