Partner at Alvendia, Kelly, and Demarest, LLC

Practice Area: Personal Injury

Individuals often find themselves thrust into the bewildering world of personal injury claims after an accident. This journey, fraught with legal complexities and procedural nuances, can be overwhelming for those unacquainted with the intricacies of the legal system.

At AKD Law, informed clients are empowered clients. By shedding light on the critical elements of the personal injury claim process, we aim to protect your legal rights and maximize the compensation you deserve. With our guidance, you can confidently approach your claim, backed by the expertise and support of our dedicated legal team.

  • Immediate Medical Attention: Seek prompt medical care after an accident to establish a clear link between injuries and the incident.
  • Legal Representation Matters: Hiring a personal injury lawyer significantly improves your chances of a successful claim.
  • Timely Action is Crucial: Act promptly to meet the statute of limitations and avoid missing the window to file your claim.
  • Preserve Evidence: Collect and store crucial evidence to support your case, such as photos, witness accounts, and medical records.
  • Consistency is Key: Maintain consistency in your statements throughout the claims process to strengthen your credibility.

Pitfalls and Solutions

Pitfall Solution
Ignoring Urgent Medical Attention Needs Seek immediate medical care for strong evidence
Proceeding Without Legal Counsel Hire an experienced personal injury lawyer
Unusually Delaying Filing Your Claim Act promptly to meet statute of limitations
Settling Too Quickly With Claims Consult a legal expert to assess settlement offers
Failing to Preserve Evidence Or Misappropriate It Collects and stores vital evidence
Not Documenting, Or Considering Pre-existing Conditions Disclose pre-existing conditions to prevent complications
Providing Inconsistent Statements During The Process Maintain consistency in your account of the accident
Miscommunicating with Insurance Adjusters Consider professional help in dealing with adjusters
Failing to Document the Accident Scene Thoroughly document the accident scene for evidence


Pitfall AKD Law Solution
Ignoring Urgent Medical Attention Needs Prioritize immediate medical care for strong evidence
Proceeding Without Legal Counsel AKD Law’s expertise improves claim acceptance
Unusually Delaying Filing Your Claim Act promptly to meet statute of limitations
Settling Too Quickly With Claims Consult AKD Law to assess and negotiate settlements
Failing to Preserve Evidence Or Misappropriate It Collect and store vital evidence, seek AKD Law’s assistance
Not Documenting, Or Considering Pre-existing Conditions Disclose pre-existing conditions to prevent claim complications
Providing Inconsistent Statements During The Process Maintain consistency in your account of the accident with AKD Law
Miscommunicating with Insurance Adjusters Let AKD Law handle communication with insurance adjusters
Failing to Document the Accident Scene Thoroughly document the accident scene for strong evidence

What should I do if I’m injured in an accident?

If you’re injured in an accident, it’s crucial to prioritize your health and seek immediate medical attention. This not only aids your recovery but also strengthens your personal injury claim by establishing a clear link between your injuries and the accident. Additionally, consider consulting AKD Law for expert legal counsel to navigate the complexities of your claim effectively.

Ignoring Urgent Medical Attention Needs

At AKD Law, the importance of obtaining immediate medical assistance after an accident cannot be overstated. The consequences of not seeking prompt medical care extend far beyond the immediate health concerns. When medical attention is delayed, it risks worsening one’s health condition and complicates the legal process in personal injury cases.

If you are wounded, get medical assistance at once!

Insurance companies and opposing parties often scrutinize the timing of medical treatment to challenge the seriousness of injuries and their direct connection to the accident. A delay in seeking medical care can be misconstrued, suggesting that the injuries were not severe or unrelated to the incident. This skepticism can significantly undermine the credibility of a claim, making it challenging to secure rightful compensation.

Proceeding Without Legal Counsel 

Embarking on the journey of a personal injury claim without the guidance of legal counsel presents numerous risks and challenges. Individuals may find themselves at a significant disadvantage, mainly when dealing with the intricacies of insurance negotiations and the complexities of the legal system. Additionally, navigating the judicial system without a solid background in law can lead to missteps that jeopardize the outcome of a claim.

The decision to engage a personal injury lawyer from AKD Law marks a pivotal shift in managing a personal injury claim. Legal professionals bring a wealth of expertise and experience, which is crucial for dissecting and maneuvering through the legal maze. 

Because of our expertise and experience, AKD Law can effectively navigate the complexities of the legal system, stand up for your rights, and get you the most money possible.

Legal counsel advocates for the claimant’s rights, ensuring that every step taken aligns with securing the maximum possible compensation. This includes thoroughly evaluating the claim to ascertain its value, considering both immediate and long-term impacts of the injuries sustained. 

Delaying Filing Your Claim And Not Filing On Time

Understanding the critical importance of adhering to the statute of limitations in personal injury cases is paramount for anyone seeking justice and compensation for their injuries. This legal timeframe sets the boundary within which a claim must be filed, making it a pivotal factor in pursuing a personal injury lawsuit. Failure to act within this period can result in the irreversible loss of the right to seek damages, regardless of the injuries’ severity or the other party’s clear liability.

Delaying Filing Your Claim And Not Filing On Time

At AKD Law, the emphasis on initiating the claim process promptly is driven by a commitment to safeguarding clients’ ability to secure just compensation. Delays in filing can stem from various factors, including recovery from injuries, lack of awareness about legal rights, or the complexity of gathering necessary documentation. 

Avoid the danger of missing the deadline for the statute of limitations! Speak with AKD Law to learn more about the deadlines that apply to your case so that you may file your claim within the allotted period.

Settling Too Quickly With Claims

The urgency to swiftly settle claims stems from the immediate financial and emotional distress that individuals face in the aftermath of an accident. Keenly aware of this vulnerability, insurance companies may capitalize on the situation by offering settlements that fall short of adequately compensating for the injuries and losses incurred. While suitable for the insurer, this tactic places undue pressure on claimants to accept offers that may not reflect the true extent of their damages.

However, if you settle too fast, you may receive less than you deserve.

Securing legal counsel from AKD Law’s seasoned personal injury attorneys before accepting any settlement offer is a strategic move to ensure that one’s rights and interests are fully protected. Legal professionals possess the expertise to assess the comprehensive impact of injuries, factoring in current and future considerations. 

Failing to Preserve Evidence Or Misappropriate It

The meticulous preservation of evidence is foundational in substantiating personal injury claims. This evidence not only serves to establish liability but also to illustrate the extent of the damages incurred. The failure to adequately collect, secure, and present such evidence can severely weaken one’s position, making it challenging to prove the claim’s validity and the full impact of the injuries sustained.

Make sure you take detailed pictures of the accident site, the injuries, and the damages. 

Seeking guidance from AKD Law in gathering and preserving evidence can significantly enhance the strength of a personal injury claim. Legal professionals can provide invaluable advice on the types of evidence most beneficial to a case and the best practices for collecting and presenting this information. 

Not Documenting, Or Considering Pre-existing Conditions

The act of fully disclosing pre-existing conditions when filing a personal injury lawsuit is a critical step in ensuring the integrity and credibility of your claim. Far from weakening your case, honest communication about prior injuries or health issues provides a clear and accurate context for understanding the true impact of the accident in question. 

When addressing your injuries with medical personnel, insurance adjusters, or legal agents, be honest about any pre-existing problems that the event may have affected or made worse. 

The failure to disclose such information can lead to significant disadvantages, as opposing parties and insurance providers may seize upon this omission to question the claim’s legitimacy or diminish the perceived severity of the injuries sustained in the accident.

Providing Inconsistent Statements During The Process

The integrity of a personal injury claim relies significantly on the claimant’s ability to provide consistent and transparent information throughout the legal process.

Providing Inconsistent Statements During The Process

Make sure your story of the accident is consistent throughout the claims procedure to steer clear of such problems.

Two critical aspects are the disclosure of pre-existing conditions and the consistency of statements made during the claim procedure. Both elements play pivotal roles in establishing the credibility of the claim and the claimant’s honesty, which can significantly influence the outcome of the case.

Consulting with a personal injury lawyer from AKD Law can provide the necessary guidance to navigate these complexities, ensuring that the claimant’s account remains consistent and credible throughout the legal proceedings.

Miscommunicating with Insurance Adjusters About Different Aspects

Navigating communications with insurance adjusters is a nuanced aspect of managing a personal injury claim. These professionals, tasked with safeguarding the financial interests of their employers, possess both the incentive and the expertise to minimize claim payouts. Statements made by claimants, if misunderstood or miscommunicated, can be misconstrued in ways that detrimentally impact the outcome of their case.

Miscommunication can occur in various forms, ranging from the inadvertent omission of details to the misinterpretation of statements. Adjusters can leverage such errors, however unintentional, to challenge the validity or reduce the value of a claim. The risk of miscommunication is exacerbated by the technical language and complex procedures inherent to the insurance claims process, areas where laypersons may not possess comprehensive expertise.

By entrusting AKD Law with the task of interfacing with insurance adjusters, claimants benefit from the firm’s deep understanding of insurance companies’ tactics.

Failing to Document the Accident Scene Properly

Accurately documenting an accident scene is pivotal in substantiating personal injury claims. Photographs and detailed notes about the incident, injuries, and environment at the time of the accident are invaluable assets in crafting a compelling argument for liability and damages.

The emphasis on noting “the little things” underscores the importance of a thorough approach to evidence collection. Conditions such as wet or icy roads, poorly marked construction zones, inadequate lighting, or debris on the roadway can be pivotal factors in an accident. By documenting these elements, claimants can construct a narrative that explains the dynamics of the accident and implicates the negligence or fault of other parties involved.

In Summary

Navigating the complexities of a personal injury claim requires attention to detail, a proactive stance, and informed decision-making to avoid common pitfalls that could compromise the outcome. Engaging legal counsel from AKD Law early in the process offers claimants a strategic advantage. Legal professionals provide invaluable guidance on navigating the legal landscape, from understanding the nuances of the statute of limitations to effectively managing interactions with insurance adjusters. 

Contact Us at AKD Law For Your Injury Claims

AKD Law stands ready to offer support and expert legal counsel for individuals facing the challenges of a personal injury claim. With a commitment to their clients’ rights and a track record of success, the firm invites anyone in need of assistance to reach out. Contacting AKD Law for a free consultation opens the door to comprehensive support, ensuring that every step taken is a step toward justice and fair compensation.

In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.

  • They helped me with every need possible. The back issues I had could have been much worse if they didn’t step in and help me. Bart, Megan, and all the people that work for this legal team are amazing. I would recommend them to anyone. Thank you all for helping me each step of the way. I can’t thank these people enough.

    - T. Gibson-Warren

  • I want to thank the whole team for all your help and persistence with my settlement. I truly appreciate.

    - A. Alfortish

  • Great experiences every time I need you guys. I always recommend your firm.

    - W. Young

  • Bart and his team were wonderful to work with. It was clear that their vision and determination to fight for our case, is why we were able to reach a settlement, where my previous attorney was not.

    - C. Perez

  • Bart Kelly and his legal team reevaluated my case after another attorney backed away from a legal challenge, I just want to say Thank You to mr kelly and his team for the hard work and dedication to my case to make it successful . Thank You

    - N. Gex

  • Attorney Kelly is an impeccable attorney. He has represented me extremely well. I was very, very, very pleased with the outcome of my settlement. He’s highly recommended … to give assistance to anyone. I thank him for his services and I’m super elated over the way he handled the case. He is a phenomenal lawyer.

    - S. Spears

  • I’ve learned the importance of having good coverage insurance, thanks to Mr. Kelly explaining everything to me. We do not hope or wait for accidents, but rest assured that I will call Mr. Kelly again if I need his services. Thank you.

    - Ann Zimmer

  • Being represented by Mr. Kelly and his legal team was a very awesome experience. They were very patient and they worked really hard in resolving my case. I would most definitely refer them to all my friends and associates. Thank you very much.

    - Nathaniel Bonney

  • I am very grateful for Mr. Bart’s assistance. He was very professional and fair. I never felt like a client with him. I always felt like a close friend. Also, I would like to thank everyone in the office for being friendly, kind, and for helping me.

    - Glac Mantuso

  • Just want to say thanks a lot because I received way more than I expected. You guys did a wonderful job of getting the max for myself and my family. Everyone I met or spoke to on the phone was really professional and nice. Once again, thanks a lot.

    - Jessica Quinn

  • J. Bart Kelly is the best attorney I have ever met. He is intelligent, caring, understanding, and knows how to protect his clients. I love his strong take-charge attitude to fight for what is right.

    - Teri Haas

  • My lawyer took the time to explain everything in a clear and concise manner. I’ve been treated fairly and with the utmost respect. I am very appreciative of all of the staff at AKD for their services.

    - James Barber

  • I am grateful for the way that my case was handled. Thanks.

    - Darryl Hill

  • Thanks to Bart and Meg. Fantastic group of people and team. Love you guys.

    - Claudine Hope

  • I was involved in a terrible accident and had a lot of serious injuries. I was so happy that Bart (and his team, including his nurse paralegal) was my attorney. The results were much more than expected as far as the settlement. Thanks.

    - Karen Bourgeois

  • I received exceptional service from the law office of Bart Kelly. He is a great attorney who cares about what you are going through, and I am very pleased with the outcome.

    - Melissa Sanchez

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