Filing a Personal Injury Claim? Common Mistakes to Avoid

Stewart Shamon, Founding Partner of Shamon Law, APC
Stewart Shamon, Founding Partner of Shamon Law, APC

Stewart Shamon is a founding partner of Shamon Law, APC. He has a Bachelor’s degree in criminal justice from San Diego State University and earned his law degree from California Western School of Law. After 9 years of working in the sector of personal injury, criminal defense, and litigation experience, he founded Shamon Law in 2013 to follow his passion for standing up for individuals suffering in accidents and being mistreated by insurance companies. He is known to be an eloquent public speaker, problem solver, and tough negotiator.

The process of filing a personal injury claim can be nerve-wracking for some. Segmented into several sessions, it demands subsequent time and proper law expertise. The evidence and documents presented to the court should be factual and on time; failing to do so will result in a devastating loss. The plaintiff or the petitioner must file a set of documents with the court or sometimes be asked to file a summons. It later follows with the service of process, the statute of limitations deadlines, and sometimes the court’s motion to dismiss. 

Before addressing the legal bodies, personal injury clients require proper guidance to strategize their claims. In case of injury or damage, a personal injury claim serves to receive compensation from the perpetrator of the specific incident. The perpetrators will be filed with a civil case in response to the accident or destruction of the defendant. 

The caused injury doesn’t need to be intentional; it can also be an aftermath of negligence or a genuine unintentional hazard. For example, the Personal Injury Claim includes unintentional accidents or ones with clear intent or negligence; it also includes cases of elder or child abuse, defective products or services-induced accidents, harm caused by dereliction, and so on.

The Personal Injury Claim works in favor of the injured or victim, assuring them of the damage compensation from the perpetrator. Therefore, the victim must fill out a Personal Injury Claim as soon as possible, with clear data and no errors after an injury or accident

It might seem complicated, as filing a Personal Injury Claim requires several procedures and factors to acknowledge. For example, for a non-specialist, it takes several trials and errors before they properly file a Personal Injury Claim. Then, when they finally file one, they probably miss out on the details needed to make a strong appeal.

Poorly filed claims can degrade your chances of success, and many tend to make common mistakes while filing a personal injury claim; seeking the guidance of an injury attorney is a must in this aspect. The plaintiff needs to file the claim with proper documentation; one has to avoid delaying it any further; delays or misinterpretation might compromise the evidence’s validity or availability or change the case’s direction.

We at Shamon Law understand your need for guidance and are committed to legally protecting you and your family. One might seek justice, but it only comes to those who fight a legal battle for it. The experts at Shamon law specialize in personal injury claims and understand the importance of public awareness. In regards to it, below are some of the most common errors clients make while filing a personal injury claim.

Common mistakes to avoid when filing a personal injury claim

There are several aspects to consider while filing a personal injury claim; many mistakes can occur during the process. These mistakes can sometimes turn a strong case into a losing battle, hurting the chances of winning your injury claim. Below are some of the most common mistakes personal Injury clients make during injury case settlements; avoiding them will increase your chances of building a strong case.

  • Waiting Too Long To File A Claim

One has to file a claim as soon as one can. While the limit for filing a personal injury or property damage claim is one to six years from the collision date, the preference to file a car or vehicle accident claim is within 24 hours of the accident. If the claim is filed sooner, there is a chance for the case to retain its validity and importance.

  • Not Seeking Medical Attention

One should seek immediate medical treatment after an accident; this will result in a factual report by the emergency services. It can further strengthen and boost the validity of your claim. If you fail to do so, the insurance companies can make statements of your injuries not being as threatening as described or claimed.

  • Not Gathering Evidence

Collecting evidence is one of the most important things before filing a claim. The more evidence you have, the more powerful your case will be. Victims are advised to gather any witness contact they can, take photos or videos, and ask for other media evidence taken from bystanders or public/private cameras. On failing to do so, one might lose the case due to negligence or less evidence supporting the claim.

  • Not Speaking With A Lawyer

Victims might think of settling small personal injury claims without legal representation due to several factors. Money and hassle being the primary, this often works against them, with the insurance company settling the case in much lesser settlement amounts. In the worst-case scenario, one might lose their case.

  • Accepting A Low Settlement Offer Without Consulting A Lawyer

The defendant’s attorney or insurance company might seek to settle the claim secretly with the victim. The injured might accept the offer and settle for a low amount without consulting a lawyer. For example, a claim that could bring in a triple-fold settlement amount might result in pennies due to the impatience and negligence of the victim.

  • Not keeping track of expenses and lost wages

Another common mistake that might jeopardize the personal injury claim is failing to track expenses and lost wages. The victim should document all medical bills, lost wages, and other expenses. If recorded correctly, recovery of such expenses and wages will be manageable and vice-versa.

Contact a Personal Injury Attorney For Help With Your Injury Lawsuit

In case of an injury or harm from someone else’s negligent actions or intentional/unintentional acts, one can seek a personal injury attorney immediately. There might be differences in the several types of injuries, harm, or damage faced by the victim; a qualified lawyer will correct your procedures and guide you through the entire ordeal. Of course, one might consider going through it all alone, but there is more to any legal case than what meets the eye.

Attorneys are the best in judicial matters; their immense knowledge and experience in the legal field make them a force to be reckoned with. A personal injury attorney mostly provides free case evaluation and can further guide the victim through the case.


The general public may have a very vague understanding of how the law works; this results in weak cases. And settlements from insurance companies or individuals require legal guidance; one is prone to making several common mistakes during the procedure. 

A qualified personal injury attorney should foresee the injury case settlements. These qualified law professionals are trained and knowledgeable enough to represent your claims and maximize the output for your settlements. Consulting with a proper professional will decrease your probability of losing or settling on a low amount. 

The lawyers will assess your situation professionally, build a strong case, and boldly hold the defendant accountable for their action. The amount you deserve will inevitably fall in your hands, trust your attorney and fight for your rights.

Request Free Consultation

Scroll to Top