8 Things that Can Impact Your Personal Injury Claim

Personal Injury Claim Personal Injury Denied claim

If you are planning to file a personal injury claim, knowing the following things can help lead you to a successful outcome. Of course, there is no guarantee on that, but they can help you avoid making costly mistakes that may limit what you can recover or get your claim denied or dismissed.

Before You File a Personal Injury Claim

Personal Injury lawyer personal injury claim denied claim claim deniedHire an attorney early in the process; you CAN afford it. You have nothing to lose since most personal injury attorneys work on a contingency basis. That means they take your case with no payment upfront and only collect on the back end when they obtain a settlement in your favor.

Personal injury attorneys are meant to protect your rights. He or she will guide you through the process, ensure all necessary evidence is gathered and evaluated, all deadlines are met and tasks completed taking that burden off your shoulders.

Always tell the truth, especially to your personal injury attorney. It is his or her job to present the facts in your favor without misrepresenting what happened. (This also includes no exaggeration of the truth.) Misrepresenting the facts can get you in serious trouble. For instance, lying to the insurance companies involved could cause your claim to be voided or you could even be charged with insurance fraud.

Don’t postpone or neglect obtaining medical treatment. Injuries should be treated promptly so you can recover fully. Your medical records provide proof of your injuries, which will be needed should you decide to seek compensation for them. In addition, insurance companies will more than likely challenge your claim if no proof of injury or recommended treatment plans are provided.

Give an accurate medical history. It is important to disclose any pre-existing conditions or disabilities that may have been aggravated. Failing to do so can mean the defendant uses this information against you in court, hurting your chance to recover monetarily  from your suit

Questions? Contact us at (877) 284-6600.

There is a limited time to file a lawsuit, so be sure to file your claim within the required timeframe. Be aware of statutes of limitations in your state. This is basically a time limit on how long you have from the date of an injury to file your personal injury claim. These statutes are different from state to state and even from the type of lawsuit.

For instance, in Missouri, if you plan to file a personal injury claim, the statute of limitations requires that it be done within five years, starting from the date of the injury.

Social Media and Personal Injury Claims avoid making costly mistakesStop using social media. You do not want to discuss your accident, your injuries, anyone involved in the accident – not a word about anything should be posted to any of your social media sites. Insurance adjusters know these are prime spots to find the information they can use against you. Ask your friends and relatives to not mention or post anything about your accident, your injuries, or anything that might suggest you are untrustworthy or irresponsible. You can talk with your personal injury attorney, just do not do it through social media.

Do not sign any contract, release of liability, or any other legal document without your lawyer review it first. Often insurance companies will offer a low settlement that might not cover your full medical expenses, pain & suffering, and more.

Also, do not agree to any recorded conversations.

Bottom line do not talk with anyone except your attorney. Trust an experienced, full-service law firm, like Nash & Franciskato, to handle your claim from start to finish.

When you need a personal injury attorney, contact us at (877) 284-6600.


When you have been seriously injured in an accident, you need an experienced personal injury attorney who will collect all the facts about what happened, assess your injuries and answer questions about your concerns.

Call us at (877) 284-6600 or contact our office online.  We have a successful track record of helping accident victims collect the compensation they deserve. One of our experienced staff will speak with you personally and will provide you with a free, no-obligation review of your case.



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Past results afford no guarantee of future results and each case is different and is judged on its own merits. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

Editor’s Note: This post was originally published September 20, 2021. It was reviewed on August 2, 2023 and updated for content and accuracy.

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