Top 4 Mistakes People Make When Filing an Injury Claim
Wednesday, July 22, 2015, 6:00 AM | Leave Comment
Filing an injury claim is a complex process you must not gloss over. The injury claim you file with an insurance company is one matter, but an injury claim you file against an employer or municipal organization must be handled by an attorney.
The four mistakes in this article are common to injury cases, and you must try to avoid them at all costs.
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Product Defects
An injury claim that involves a faulty product must have clear documentation of the product being used when an injury occurred.
The company that produces the product could easily claim that you were not using their products when you were injured.
Your lawyer will help you document that you indeed used the product, but you must have this evidence if you wish to continue.
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Not Going to the Doctor
People who are injured must go to the doctor to document the injury they suffered. The injury itself is hard to prove if you have not gone to the doctor, and the company you are suing will claim you were never hurt in the first place.
Your doctor will document your injury, and your medical records may be used in the lawsuit. This is a much better way of documenting your injury, and the medical records you use in court can be sworn to by your doctor if necessary.
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Waiting Too Long
You may wait too long to file your injury claim, and you will run into problems involving the validity of your claim. People who wait a long time to file their injury claims may be called gold diggers looking for the right opportunity to sue.
The lawyers for the company you sue will want to know what you have been doing since you had the accident, and everything you did will be held up in court as evidence that you are not injured badly.
You must contact a personal injury attorney in Austin, TX, or one in your particular locale and move quickly if you want to have to your claim taken seriously.
Every claim that is filed must be filed within a few weeks of the accident.
Claims that take much longer than a few weeks may be deemed frivolous by the court, and your claim will be denied before you get a chance to prove your case to the court.
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Filing for Unreasonable Damages
A company you sue must be able to pay the damages you are asking for, and asking for damages that far exceed any legal precedent will cause the court to scoff at your claim.
You must make claims that are reasonable, and you must make a claim a company can settle on out of court.
A company you are suing must have the reasonable belief that they can pay you a settlement to avoid a court case.
Asking for too much money ensures you will be in for a lengthy trial, but asking for a fair amount of money could resolve the case much more quickly.
Never ask for damages you know you cannot receive, and do not let your attorney push you to ask for an amount of money that is entirely out of the question.
Taking your injury claim to court is always a possibility, but you must avoid the mistakes in this article if you want your claim to be taken seriously.
Each mistake could derail your case before it ever gets started, and you will be left to defend your integrity every time the claim is brought up.
Defense attorneys can be ruthless, and you do not want to give the defense a reason to call your character into question in a court of law.
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Anica Oaks is a Freelance writer and web enthusiast. Read some of her published work on her Google+ page.
