Brad Pistotnik Law
Abogado El Toro

What Mistakes To Avoid When Filing a Claim for Personal Injury

There are many mistakes to avoid when filing a claim for personal injury. Even one mistake can be enough to result in a dismissal of your claim. Our team of personal injury attorneys will help you prepare, present, and defend your claim so that mistakes don't eliminate your ability to recover compensation following a motor vehicle accident.

1. Failing To Document the Accident Scene

Unless you are incapacitated or seriously injured, never leave a motor vehicle accident scene until everything is documented. Ensure that you take photographs/video evidence, collect eyewitness contact information, secure the insurance and contact information of the other party, and receive a copy of the responding law enforcement officer's accident report.

2. Not Receiving Medical Care

Always seek medical care following a motor vehicle accident in Kansas. This creates a record of your injuries and the treatments administered. These records can establish the overall impact of the injury on your health and create a baseline that demonstrates your injury's impact on your ability to work and future medical expenses associated with the collision.

3. Not Retaining Legal Counsel

Many insurance providers will attempt to pressure you into accepting a lowball settlement offer. This sum may seem large and appealing, but the reality is that it is almost always insufficient to cover your long-term medical expenses, lost wages, and other expenses stemming from the accident. In 2017, data gathered by the Insurance Information Institute showed that the average auto liability claim for bodily injuries was $15,270, and just under $3,640 for property damage. In the United States, legal counsel can represent you as you pursue your claim for personal injury. Your attorney will ensure that your right to recover fair and reasonable compensation is preserved.

4. Not Adhering To Medical Treatment Plans

Your physician will recommend a course of treatment for your injuries. Whether you suffer from whiplash, broken bones, Spinal Cord Injury (SCI), or Traumatic Brain Injury (TBI), it is imperative to follow through with these recommendations. You must attend all therapy sessions, undergo all surgical procedures, and take all prescription medications as advised. It is imperative to document this, which is why the team at Brad Pistotnik Law recommends our clients maintain a personal injury diary that discusses and describes these treatments during the recovery process.

5. Missing Filing Deadlines

Kansas statutes of limitations require plaintiffs to file a claim for personal injury following large truck accidents or car accidents within two years of the collision date. Additionally, there are numerous court deadlines, and dates plaintiffs must adhere to related to depositions, hearings, etc. When you retain legal counsel, your attorney will ensure you meet these deadlines and are prepared on the appointed dates, whether it's a hearing, deposition, or trial.

6. Sinking Your Own Case on Social Media

Social media evidence is admissible in Kansas courts. Discussing the case or demonstrating anything that calls into question your claim's validity can result in opposing counsel using it against you. Thus, our team strongly advises clients to suspend all social media activity until the legal proceedings are concluded.

Contact Brad Pistotnik Law at 1-800-241-BRAD or call us on our local line at 316-684-4400. Brad Pistotnik is a personal injury attorney who represents car accident victims pursuing a claim for personal injury in Kansas, Nebraska, Missouri, and Texas. We represent survivors of individuals who suffer wrongful deaths. You can call Brad Pistotnik on his cell at 316-706-5020. You can reach Tony Atterbury on his cell at 316-617-9237.