Starting a Personal Injury Claim – Common Mistakes

Written By Alla Levin
November 10, 2020

Starting a Personal Injury Claim – Common Mistakes

Sometimes, it is clear to us when we may have a claim. For instance, if we are hit by a car at a crossing, the driver is likely at fault. However, in other circumstances, we may not be sure if we can claim. These things can hold us back from taking decisive action. And when we do start a claim, we can make other mistakes…

For further information, speak to a lawyer in your area to find out more. You may find a directory of personal injury lawyers useful in finding a lawyer. 

Thinking Your Claim is not Legitimate

Many people fail to claim personal injury compensation because they do not believe that they have a case.  People do not believe that they have a case; they do not make the initial decision to speak to a lawyer, meaning that they never begin their claim. 

However, if you believe that your injury results from third party negligence, you may have the right to start a claim.  Often, clients will speak to lawyers to determine whether third-party negligence is the cause of their injury. Where there is evidence to prove a link, your lawyer will talk you through the next steps. 

Expecting Your Case to Progress to Court Personal Injury Claim

Sometimes, people fail to begin a claim where they believe that their case will progress to court. Although an apprehension towards court appearances is natural, if you are not used to the legal system, there is often no need to believe that your case will get that far.

Most personal injury claims conclude outside of court. Why? Because the other side understands that prolonging proceedings in a case that they will lose will only increase their court costs. 

If you are not a confident public speaker, for example, and if you have concerns about a potential court appearance, speak to your lawyer about the likelihood of your case progressing to that stage. You may discover that you have a very slim chance of having to appear in court. 

Expecting Your Lawyer to Work Solidly on Your Claim

The movies can mislead us. Hollywood blockbusters involving legal themes are not always the same as real life. When we think of starting a claim, we might picture a team of lawyers who work diligently on our behalf until the case is closed. However, legal proceedings take time. You should not expect to speak to your lawyer every day, and nor should you expect your claim to conclude any faster than the time frames stated by your lawyer. 

Failing to Gather Evidence legal proceedings

Clients may approach lawyers weeks or months after an injury and expect that their lack of evidence will not be an issue. While lawyers may use their skills to uncover evidence, there are things that you can do to benefit your case. 

For example, photographic evidence from the scene of your injury can prove useful. Also, receipts of any expenses incurred due to your injury can help form part of your case. 

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