Common Mistakes to Avoid in a Personal Injury Claim

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Were you hurt in an accident in Marietta? You have the right to seek compensation through a civil personal injury claim. Unfortunately, navigating the claims process can be challenging. Defendants and insurers fight to resolve claims for as little as possible. At The Persons Firm, LLC, we are a boutique law firm that puts an emphasis on protecting the rights and interests of injured victims. If you are looking for personal injury claim advice, we can help. Our team wants to make sure that you are able to effectively navigate the claims process. Here, our Marietta personal injury attorney discusses some of the most common mistakes to avoid in a personal injury claim in Georgia.

Top Mistakes to Avoid in a Personal Injury Claim in Marietta, Georgia

Mistake #1: Not Seeking Professional Medical Attention

You should always see a doctor right away after an accident in Marietta. Your health, safety, and well-being are the top priority. With that being said, there are legal reasons to see a doctor as well. Failing to seek prompt medical attention weakens a personal injury claim in Georgia. Insurance companies rely heavily on medical records to evaluate injury severity and causation. Delays in treatment create gaps that insurers use to argue the injuries were minor or unrelated to the accident. Early evaluation also protects your health. Proper medical follow-up strengthens both the factual and legal foundation of your claim. Make sure you save all of your medical records.

Mistake #2: Giving a Statement to an Insurance Adjuster Immediately After an Accident

A big mistake that injured victims make is that they do not approach insurance companies with enough caution. Insurance adjusters are well-trained. They want to come across as friendly, disarming, and even helpful. However, the reality is that they are not on the side of injured victims.

Speaking with an insurance adjuster too soon exposes injured victims in Marietta to too much risk. Adjusters are trained to gather statements that limit liability for their company. Off-hand comments, uncertainty, or incomplete descriptions can be used later to dispute injuries or shift fault.

Here is a key point to know: Georgia law does not require you to give a recorded statement to another driver’s insurer. Adjusters often call quickly because early statements benefit them, not you. Consulting a Marietta personal injury lawyer before an insurance adjuster can make the difference.

Mistake #3: Admitting or Accepting Any Fault/Liability

Georgia is a fault-based personal injury state. There is a modified comparative negligence standard (O.C.G.A. § 51-12-33). Admitting partial fault after an accident can significantly reduce or eliminate compensation under Georgia’s modified comparative negligence rule. Even well-intentioned comments like “I’m sorry” can be misinterpreted as an admission. Fault must be determined through evidence such as crash reports, witness accounts, traffic laws, and expert analysis. Insurers often attempt to shift blame to reduce payouts.

You should avoid speculation about how the accident occurred until all facts are reviewed. The simple reality is that fault is one of the most important factors in a personal injury claim in Georgia. You do not want to make the mistake of admitting or accepting fault for an accident without deep and careful consideration. It is an issue that should be handled by an experienced Marietta, GA personal injury attorney.

Mistake #4: Taking the First Settlement Offer Without Negotiating

In Georgia, injured victims have the right to seek compensation for the full extent of their damages, including for non-economic losses. A settlement should include compensation for the full value of your damages, including things like vehicle repairs, medical bills, lost wages, and pain and suffering. Initial settlement offers from insurers rarely reflect the full value of your damages. These early offers are designed to close the claim quickly and cheaply. Victims in Marietta often accept low payments before understanding the long-term impact of their injuries. A proper evaluation requires medical documentation, financial analysis, and legal review.

Mistake #5: Waiting Too Long to Get Help From a Marietta Personal Injury Attorney

You do not have to take on the personal injury claims process alone. Professional legal guidance and support are just a phone call away. Our Marietta personal injury lawyer can help you seek justice, accountability, and the maximum financial compensation. An attorney protects the claim from procedural mistakes, manages communications, secures evidence, and helps structure medical documentation. Our Marietta, GA personal injury attorney is prepared to investigate your accident, gather evidence, and develop a comprehensive strategy to help you fight for the best results.

How Our Marietta Personal Injury Lawyer Can Help

Too many people make serious mistakes in the aftermath of a serious accident. You do not want to let a relatively simple error undermine the value of your case. At The Persons Firm, LLC, we are here to help you effectively navigate the claims process. Our firm is here to fight for justice and the maximum financial compensation. With a proven record of verdicts and settlements, our case results demonstrate $100 million in recovery for clients. We invest time, resources, and attention to detail into each and every case that we take on. With a conveniently located law office in the 30060 zip code of Marietta, we fight for justice for victims and their families in Cobb County and throughout the Atlanta metropolitan area. Your initial case evaluation with our Marietta, GA, personal injury attorney is free, fully private, and has zero additional obligations.

Contact Our Marietta Personal Injury Lawyer for a Free Case Review

At The Persons Firm, LLC, our Marietta personal injury attorney is an aggressive, experienced advocate for justice. We can help you avoid the most common mistakes that people make in personal injury cases. Call us now or contact us online to set up your free, no obligation initial consultation. From our legal office in Marietta, we fight for justice for injured victims throughout the region, including in 30060, 30008, 30062, 30064, 30066, 30067, and 30068.

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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