Chicago Injury Lawyer Blog
Filing a personal injury claim after an accident is a critical step toward securing the compensation you need for medical bills, lost wages, and other damages. However, the process can be complex, and even small mistakes can jeopardize your case.
At John J. Malm & Associates, our top-rated personal injury lawyers bring over 90 years of combined litigation experience to personal injury cases, helping clients navigate the legal system and avoid costly pitfalls. With offices in Naperville and St. Charles, our award-winning team has recovered millions for injured clients across Illinois. In this blog, we’ll highlight common mistakes people make when filing a personal injury claim and how to avoid them.
- Failing to Seek Immediate Medical Attention
Why This Is a Mistake
Delaying medical treatment can harm both your health and your personal injury claim. Some injuries, like whiplash or internal damage, may not show symptoms right away but can worsen over time. Insurance companies may argue that your injuries aren’t severe or were unrelated to the accident if you delay treatment.
How to Avoid It
See a doctor immediately after the accident, even if you feel fine. Follow your doctor’s treatment plan and keep detailed records of all medical visits, prescriptions, and bills.
- Not Reporting the Accident
Why This Is a Mistake
Failing to report the accident can make it harder to prove your claim. A police report or incident report is often a key piece of evidence, providing an objective account of what happened.
How to Avoid It
Always report the accident to the appropriate authorities:
- For car accidents, call the police and ensure a report is filed.
- For slip-and-fall accidents, notify the property owner or manager and request a written incident report.
- Admitting Fault or Making Incriminating Statements
Why This Is a Mistake
Apologizing or admitting fault, even informally, can be used against you. Insurance companies may use your statements to reduce or deny your compensation.
How to Avoid It
Stick to the facts when speaking with the police, insurance adjusters, or witnesses. Avoid discussing fault or making statements like “I’m sorry” or “I didn’t see them.”
- Failing to Gather Evidence
Why This Is a Mistake
Without sufficient evidence, it becomes difficult to prove liability or the extent of your damages. Relying solely on your memory or the testimony of others can weaken your case.
How to Avoid It
Document the scene as thoroughly as possible:
- Take photographs of the accident site, injuries, and property damage.
- Collect contact information from witnesses.
- Keep copies of all medical records, police reports, and correspondence with insurance companies.
- Accepting a Quick Settlement Offer
Why This Is a Mistake
Insurance companies often offer low settlements to close cases quickly, hoping claimants will accept before understanding the full extent of their injuries and damages. Once you accept, you can’t renegotiate or pursue further compensation.
How to Avoid It
Consult with a personal injury attorney before accepting any settlement offers. An experienced lawyer can assess the true value of your claim and negotiate for a fair amount.
- Handling the Case Without a Lawyer
Why This Is a Mistake
Personal injury claims can involve complex legal and procedural requirements. Without a lawyer, you risk making errors that could cost you time and money. Insurance companies often exploit unrepresented claimants by offering low settlements or disputing liability.
How to Avoid It
Hire an experienced personal injury attorney to handle your case. At John J. Malm & Associates, we provide skilled representation to maximize your compensation and protect your rights.
- Missing the Statute of Limitations
Why This Is a Mistake
The statute of limitations sets a strict deadline for filing a personal injury claim. In Illinois, most personal injury claims must be filed within two years of the accident. Missing this deadline can result in losing your right to seek compensation.
How to Avoid It
Act quickly after your accident. Consult an experienced injury attorney as soon as possible to ensure all necessary paperwork is filed on time.
- Posting About the Accident on Social Media
Why This Is a Mistake
Social media posts can be used as evidence against you. Even seemingly harmless posts, like a photo of you enjoying time with friends, can be misinterpreted as proof that your injuries aren’t serious.
How to Avoid It
Avoid discussing your accident or injuries on social media. Adjust your privacy settings and be cautious about what you share online.
- Not Following Medical Advice
Why This Is a Mistake
Ignoring your doctor’s recommendations can harm your health and weaken your claim. Insurance companies may argue that your injuries aren’t serious or that you failed to mitigate/minimize your damages.
How to Avoid It
Follow your doctor’s advice carefully, attend all appointments, and complete prescribed treatments. Keep detailed records of your medical care.
- Overlooking Future Damages
Why This Is a Mistake
Many claimants focus only on immediate costs, like current medical bills, without considering long-term expenses or losses. This oversight can leave you financially vulnerable in the future.
How to Avoid It
Work with an experienced personal injury attorney who can account for future damages, such as ongoing medical care, rehabilitation, and lost earning potential.
How John J. Malm & Associates Can Help with your Personal Injury Case
At John J. Malm & Associates, we are dedicated to helping personal injury victims avoid these common pitfalls and secure the compensation they deserve. With offices in Naperville and St. Charles, we have a proven track record of success across Illinois.
Why Clients Choose Us
- Decades of Experience: With over 90 years of combined litigation experience, our team has handled thousands of personal injury cases.
- Proven Results: We’ve recovered millions for injured clients.
- Award-Winning Attorneys: Recognized for excellence in personal injury law.
- Free Consultations: We offer no-cost case evaluations to help you understand your options.
- No Fees Unless We Win: You don’t pay unless we secure compensation for you.
Contact the Top-Rated Illinois Personal Injury Attorneys at John J. Malm & Associates
Filing a personal injury claim can be a complex process, but avoiding these common mistakes can make all the difference. By seeking medical attention, documenting the accident, and working with an experienced attorney, you can protect your rights and maximize your compensation.
At John J. Malm & Associates, our Illinois personal injury lawyers are committed to guiding you through every step of your case with skill and compassion. If you’ve been injured due to someone else’s negligence, don’t let avoidable mistakes harm your case. Contact us today to schedule your free consultation and take the first step toward justice. Your well-being is our priority.