Common Mistakes in Personal Injury Claims

 Posted on January 24, 2025 in Personal Injury

Getting paid out for an injury caused by another person’s negligence can be a headache. Most people are not familiar with the legal processes that go into filing a personal injury claim, which leaves them open to shady tactics by insurance companies. A skilled Illinois personal injury lawyer can help you overcome the hurdles in your way, providing sound guidance as you file a claim.

At Rathbun, Cservenyak & Kozol LLC, we have the experience and resources to help you get the compensation you deserve. When you work with our firm, we will devote our full attention to your case, compiling key evidence for your claim.

Waiting Too Long to File

In Illinois, all personal injury claims are bound by a time limit known as the statute of limitations. If you have been hurt due to another person’s careless or reckless actions, you only have two years to take legal action against the liable party. This deadline will come up faster than you may expect, so it is crucial that you file a claim early on before the statute expires.

Additionally, the earlier you file a claim, the more evidence you may be able to secure from the scene of an accident or injury. Our lawyers can collect this evidence on your behalf, including photos, medical records, footage, and eyewitness testimony.

Accepting a Bad Offer

The first thing you should know about personal injury claims is that insurance companies are not your friend, as much as they would like you to think otherwise. Even if the liable party is clearly at fault, insurance companies will often take shortcuts to pay less than what you are owed. 

Sometimes, this involves delaying the claim until it becomes too much of an inconvenience to pursue any further. In other cases, the insurance company may offer you a settlement upfront. This may be enticing – after all, who would turn down fast cash? However, this settlement is not likely to represent all of your damages, and the insurance companies know it. Once you accept a settlement, you cannot go back on it. A personal injury lawyer can give you a fair estimate for your claim and argue for its value.

Saying Too Much

When speaking to an insurance representative, you should watch what you say. If you are not careful, your statements could be used to deny your claim or reduce its total value. Insurance adjusters will be on the lookout for anything that could be interpreted as your fault.  Questions like "Was there anything you could have done to prevent the accident?" can be a snare to get you to admit guilt. Your best bet is to let your attorney handle these conversations. 

At Rathbun, Cservenyak & Kozol LLC, our lawyers can represent you in negotiations, protecting you from any potential liabilities.

Meet With a Joliet IL Personal Injury Lawyer

Having the right legal representation at your side during a personal injury claim can make all the difference. At Rathbun, Cservenyak & Kozol LLC, we bill clients on a contingency fee basis, so you only pay if we win. Our Will County, IL personal injury attorneys come prepared to handle a wide variety of cases, from auto accidents to medical malpractice. To schedule a free consultation, call our offices at 815-730-1977 today.