Were you hurt in a bad accident in Chicago? You have the right to hold the at-fault party liable for your damages through a civil personal injury claim. You may be able to recover compensation for medical bills, wage loss, pain and suffering, and a broad array of other damages.
At the same time, the personal injury claims process is challenging. Seemingly small errors can undermine your rights. Here, our Chicago personal injury lawyer highlights nine of the most common personal injury claims mistakes that you need to avoid after an accident in Illinois.
Top Nine Personal Injury Claims Mistakes
Mistake #1: Failing to Seek Medical Attention After an Accident
Safety first is a great tip for life, including personal injury claims. You should seek medical attention immediately after an accident—even if you feel relatively fine. Some of the most common injuries—like internal bleeding, concussion, back pain, etc—might not show their full symptoms right away. A timely medical evaluation not only supports your well-being but also strengthens your injury claim. Medical records are crucial evidence. Not records? No compensation.
Mistake #2: Opting Not to Pursue a Personal Injury Claim At All
Another all-too-common mistake that injured victims make in Chicago is failing to take legal action at all. Deciding against filing a personal injury claim can leave you bearing all medical costs and lost wages yourself. By not filing a claim, you may miss out on the necessary financial support for your recovery. Not sure if you have a viable claim? A top-tier Chicago personal injury lawyer can help.
Mistake #3: Not Thoroughly Documented Your Accident and Your Injuries
Personal injury claims should be built on a strong foundation of supporting evidence. Injured victims should always document every detail of the accident scene. Take photos, gather witness contact information, and write down what happened. Lack of evidence can weaken your claim. You need to document the cause of the accident (liability) and your injuries (damages).
Mistake #4: Agreeing to Provide a Recorded Statement to the Insurer
The big insurance companies are simply not on your side. They protect their own bottom line—not what is best for your family. With that in mind, you should avoid giving a recorded statement to the insurer without consulting your Chicago personal injury attorney first. Insurers can use your words against you to minimize their payout or deny your claim. Let your attorney handle communications.
Mistake #5: Admitting or Accepting Blame for Causing the Accident
In Illinois, personal injury liability is based on fault. Never admit fault at the accident scene or during negotiations—as doing so can severely impact your claim. Under Illinois law (735 I.L.C.S. § 5/2-1116), even partial fault can reduce your compensation due to our state’s comparative fault rules. For example, imagine that you suffered $25,000 in damages in a car crash in Chicago. If you were found to be 20 percent at fault for your own accident, you would be liable for 20 percent of your own damages ($5,000). Small amounts of fault can take thousands of dollars out of your settlement. Let your Chicago personal injury lawyer deal with all issues related to fault.
Mistake #6: Rushing Through Settlement Negotiations
Take your time during settlement negotiations to fully understand the offer and its implications.
A quick settlement can often lead to compensation that simply does not cover all your medical expenses, lost wages, or other future needs. Do not agree to resolve your claim for less than full and fair value. Consult with your Chicago personal injury attorney to evaluate whether the settlement truly covers the extent of your losses. Patience can lead to additional financial compensation.
Mistake #7: Waiting Too Long to Bring a Claim
You should be aware of Illinois’ statute of limitations. It is the law that restricts the time frame to file a personal injury lawsuit. There is a two-year statute of limitations for most types of personal injury claims in Chicago. What happens if you delay the initiation of your claim? It can result in losing the opportunity to seek compensation altogether. Take a proactive approach.
Mistake #8: Failing to Hire a Top Personal Injury Attorney
Without professional legal representation, you may be at a disadvantage against seasoned insurance lawyers. The right guidance and support can make a big difference in your claim. At Kennedy Watkins LLC, we fight tirelessly to protect the rights and the interests of injured victims. Our team can take on the defense and the insurance company. We will represent you through each and every step of the personal injury claims process.
Mistake #9: Settling Your Claim for Less than You Deserve
The final mistake that too many injured victims make in Chicago: Settling their case for far less than they rightfully deserve. Understand the full scope of your damages—current and future—before agreeing to a settlement. You need compensation for both economic losses and non-economic losses. Do not accept the first offer ensuring that it covers the full value of your damages.
Injured Victims Need Reliable Legal Representation
Dealing with the aftermath of a serious accident is never easy. Challenges can arise for a wide range of different reasons—and even small mistakes can undermine your legal claim. At Kennedy Watkins LLC, our Chicago attorneys are standing by, ready to help you navigate every aspect of the personal injury claims process. With a proven history of successful verdicts and settlements, we have helped clients secure millions of dollars in financial compensation.
Schedule a Free Consultation With a Top-Tier Chicago Personal Injury Lawyer Today
At Kennedy Watkins LLC, our Chicago personal injury attorneys are committed to putting the rights and the injuries of injured victims first. If you or your loved one was hurt in a serious accident, please do not hesitate to get in touch with us today for a no cost, no strings attached case review. From our Chicago law office, we represent injured victims throughout the wider region.