In Tennessee, as in the rest of the country, personal injury cases aim to restore justice when someone suffers harm due to another’s negligence. Whether you were hit by another car on the road, slipped while shopping in a grocery store, or took a tumble at an event, the law gives you the right to seek compensation.
However, what happens after the accident can be just as crucial as the accident itself. “Far too often, injury victims make avoidable mistakes that weaken their claims, or worse, damage the case entirely,” says personal injury attorney Michael Ponce of Ponce Law Tennessee Car & Truck Injury Attorneys. If you have been injured and are considering filing a claim in Tennessee, here is a guide to help you avoid common missteps.
- Failing to Seek Medical Attention Right Away
Tennessee is known for its Southern hospitality, but many people here are also just plain tough. It is not unusual to hear, “I am fine,” after a serious fall or collision. However, failing to seek prompt medical care is one of the most significant mistakes a personal injury claimant can make, with both short-term and long-term consequences.
Insurance adjusters frequently argue that if you did not see a doctor right away, your injuries were not serious or related to the accident at all. A gap in treatment gives them a golden opportunity to minimize or deny your claim, and that is not something you will want.
- Giving a Recorded Statement Without Legal Advice
In general, insurers are not legally compelled to wait until you have a lawyer before requesting a statement.. They may sound polite, as if they just want to hear your side of the story for documentation purposes and nothing more. Do not fall for it, as their real goal is often to gather evidence against you to reduce or altogether avoid a payout.
A single careless phrase, such as “I did not see the car coming,” can be twisted into an admission of fault on your part. It can be damaging for you because Tennessee follows a modified comparative fault rule, meaning if you are found 50 percent or more at fault, you collect nothing.
- Posting About Your Accident on Social Media
Yes, we live in the age of Instagram, X, Snapchat, TikTok, and Facebook, and there is always the urge to share and keep our followers updated. However, after an injury, your ideal bet is to put your social media on lockdown. Posting photos of yourself at a barbecue event, even if you are just trying to enjoy a moment of normalcy, can be used to argue that you are not injured.
Even private messages are not off-limits because defense attorneys can subpoena content from your accounts if it becomes relevant to your case.
- Not Filing Your Personal Injury Claim Within the Prescribed Time Limit
The statute of limitations is always potent and active in personal injury cases, and in Tennessee, it sets in one year after the injury occurred. That is one of the shortest windows in the country, so if you miss that deadline, even by a single day, your right to recover may be gone forever. Some exceptions apply, such as in cases involving minors or hidden injuries, but they are rare and complex.
- Trying to “Tough It Out” Without a Lawyer
Many people take pleasure in their ability to handle legal concerns on their own. However, going at it alone in a personal injury case is like bringing a spoon to a gunfight. Insurance companies employ experienced lawyers, adjusters, and investigators who work full-time to reduce payouts. You deserve a qualified personal injury attorney on your side who knows their playbook and has a decent understanding of the law.
Conclusion
Every step you take when handling a personal injury case is as important as the ones you do not take. Knowing what to avoid helps you focus more on what needs to be done, and that is important when pursuing maximum compensation. To avoid any of the wrong steps that have been discussed, it is recommended that you speak to a personal injury attorney in Tennessee today.
Also Read: Top Legal Strategies Used by Tennessee Personal Injury Attorneys
