Personal injury lawsuits can be demanding. Plus, it isn’t that easy to successfully litigate these lawsuits. With a lot of legal issues involved, litigating these cases requires accuracy. Still more, making simple mistakes can ruin your case. So, if you want the best from your personal injury lawsuit, avoid making the following mistakes.
- 1 Having Too Much Trust in Your Attorney
- 1.1 Not Being Speaking Up
- 1.2 Assuming That the Case will be Easy
- 1.3 Failure to Gather Important evidence
- 1.4 Settling For the First Offer
- 1.4.1 Assuming that All Lawyers are Professional
- 1.4.2 Not Checking the Attorneys Experience
- 1.4.3 Handling Your Case Alone
- 1.4.4 Failing to Keep Financial Records
- 1.4.5 Not Disclosing Your Symptoms
- 1.4.6 Thinking that You Can’t Afford To Hire an Attorney
- 1.4.7 Not Asking Questions
- 1.4.8 Having a Fixed Mindset
- 1.5 Failing to File Your Claim In Time
- 2 Share this:
Of course, anyone can make mistakes. However, that doesn’t mean that you cannot avoid making common mistakes when pursuing a personal injury case. Remember, mistakes can taint your case. According to Cain Injury Law, these mistakes can reduce the amount you get as a settlement. Worse simple mistakes can still deny you the right to compensation. In some instances, simple mistakes can invalidate your case. So, if you want to receive the best settlement from your personal injury case, avoid making unnecessary mistakes.
Having Too Much Trust in Your Attorney
A personal injury might have over one-hundred clients at any one time. Some unqualified paralegals might even have up to five-hundred claims, depending on how complex the cases are. So, don’t assume that your attorney always has your case in mind.
Instead, you should frequently engage with him or her to see if they’re working on your case. If you realize that your lawyer has a high number of cases to deal with, consider switching to another law firm.
Not Being Speaking Up
Be confident. Don’t feel shy to ask any questions. Remember, it isn’t your day job to know everything in this area of law. If you have any concerns, don’t hesitate to consult your attorney. Personal injury law is extremely complicated. So feel free to ask any questions.
Assuming That the Case will be Easy
Some personal injury claims can be fairly straight-forward. But the majority of them are extremely complex. It isn’t easy to bring a claim against an employer. For you to do that, you’ll need to think carefully. Don’t assume that your case will be easy.
Failure to Gather Important evidence
Have you just had an accident? Well, the first thing you need to do is to gather important evidence. If possible, take pictures of the scene and collect the other driver’s contact details. Talk to all witnesses and write everything down. Be forensic because for you to successfully file a claim, you’ll need to prove that the accident was caused by someone else’s negligence.
Settling For the First Offer
Certain insurers might respond by offering compensation immediately. But without medical evidence, your attorney may find it hard to value your claim. Thus, before negotiating a settlement, consider getting medical treatment. This can go a long way in helping you obtain maximum compensation for your injuries.
Don’t settle your case until you have fully recovered. Of course, some damages are permanent, but it’s always important to make certain that your medical evidence is final. Remember, settling your case early can deny you the right to get maximum compensation for your injuries. Once your case is settled, you can’t ask for more.
Assuming that All Lawyers are Professional
Not all law firms are the same. Most people who get injured in car accidents use the attorneys allocated to them by their insurers, without questioning their credibility. And this is one of the biggest mistakes you can ever make.
If you want to win the case, shop around for a qualified attorney. Use the internet. There are many professionals out there who offer unmatched legal representation. Don’t limit yourself to specific attorneys.
Not Checking the Attorneys Experience
Not all lawyers are the same. So, don’t assume that the attorney you’re considering is capable of handling your specific type of case. Instead, you should ask them to provide proof that they can handle it. Check their academic qualifications, as well as, customer reviews. Find out what other clients are saying about their services. Bear in mind that personal injury cases are hugely important. Thus, don’t entrust a novice with your case.
Handling Your Case Alone
Insurance companies will often try to settle a personal injury claim directly with you. They’ll convince you to accept their settlement offer by telling you that attorneys complicate things.
After an accident, you might be tempted to accept the insurer’s first offer due to your huge medical bills and immense suffering. However, doing that can deny you the opportunity to recover maximum compensation for your damages. You might think that what the insurance adjuster is offering is an excellent deal, but when a professional attorney takes over the case, you’ll actually smell a rat. You’ll realize that you were only being blindfolded.
All you need to do is to obtain medical evidence from an experienced consultant. With such kind of evidence, your case might settle for up to four times what the insurer had offered. So, always be vigilant. Don’t fall prey to the insurer’ cheap tricks.
Failing to Keep Financial Records
This is one of the biggest mistakes you can ever make. And this is particularly true when it comes to personal injury claims. Every time you incur expenses because of your accident, write it down or record it on your phone. Keep all receipts in a safe place. Alternatively, you may want to consider sending them to your lawyer.
Personal injury claims are similar to ant other types of insurance claims. For you to file a successful claim with an insurance company for the loss of precious items, for instance, you’ll need to provide proof of ownership. Similarly, the insurer will want to see all your financial records before making an offer after you file a personal injury claim. These may include physiotherapy appointments, parking fees, medical costs, as well as, other small costs.
Not Disclosing Your Symptoms
Tell your medical expert about all your symptoms. Don’t hide anything. If your attorney sends you to a medical expert, be sure to let them know everything about your condition. Remember, changing the resulting report can be extremely difficult.
When it comes to personal injury claims, medical reports are crucial. The reports document your injuries, as well as, your chances of recovering from them. Your doctor might not extract all details about your injuries, so if there’s anything you think they should know, be sure to volunteer the information. If your injuries and damages aren’t mentioned in the medical report, you might not be compensated for them. You may also want to consider viewing the healthcare provider as a potential witness. It’s an incredible way to find out how an expert perceives your injuries.
Thinking that You Can’t Afford To Hire an Attorney
Most personal injury attorneys chance contingency fees for their services. As such, they’ll take up your case with no upfront payments and only collect an agreed amount of money when they manage to obtain a reasonable settlement in your case. So, you have nothing to lose by choosing to work with a lawyer. In most cases, they’ll ask for about thirty to forty percent of the overall settlement.
Not Asking Questions
Do you have any queries? If that’s the case, don’t hesitate to ask your lawyer. He or she has the required experience and expertise to offer professional advice. Remember, you hired the attorney so that he or she can help you with the case. Thus, it’s your right to ask them anything. If you feel that your current lawyer isn’t doing a good job, you can always consider hiring a new one.
Having a Fixed Mindset
Most personal injury cases are settled outside court. This usually happens when the insurer agrees to make a reasonable settlement offer. Your attorney will always strive to ensure that your case isn’t taken to court because it’ll consume a lot of time and resources. Nonetheless, a good lawyer won’t do that when they know that it’s the only way through which you can get the compensation you’re truly entitled to.
Failing to File Your Claim In Time
In most countries, the statute limitations require that personal injury cases are filed within two years of the accident. When you’re recovering from detrimental injuries, most of that time is spent in hospitals. You won’t probably have so much time to prepare the necessary paperwork for filing your claim.
That’s why it’s imperative to work with a professional attorney. Ask them to start working on your case as soon as possible. Waiting too long could jeopardize the validity of your claim.
Personal injury cases can take several months or years to resolve. But they’re one of the best ways through which you can obtain maximum compensation for your injuries. So, don’t give up. Just hang on there- they say patience pays.
Most attorneys offer free consultations to assess your situation. After reviewing your case, he or she will tell you how long your case might take to resolve. Certain types of injuries, such as surgical errors, might take longer to be discovered. Thus, the statute limitations will be applied differently for that type of case.
Failing to Account For Your Damages
Are you planning to file a personal injury claim? Well, it’s important to consider accounting for all your damages. Factor in the long-term, as well as, the long-term effects of the accident on your mental health, medical bills, and your ability to continue working. Make sure that a professional attorney reviews your claim and conducts in-depth research about your current and future damages before you accept a settlement offer.
Not Conducting Thorough Investigations
Take time to investigate the cause of the accident. For you to successfully file a personal injury claim, you need to provide evidence that clearly indicates the factors that contributed to the incident. Was it due to distracted driving? Was the other driver drunk? Was your car in good condition?
Make sure that you’ve collected all the necessary evidence relating to your damages and let your attorney review it carefully.
Discussing Your Case In Social Media
Don’t talk about your case on social media. It can cost you. Leave court matters to legal experts. You’re probably under surveillance from your insurance company. They may use what you post on social media as evidence against you. So, be sure to avoid social media at all costs. If possible, stay away from all social media platforms until the case is heard and determined.
Never admit responsibility. Admitting responsibility is like signing your case away. In most cases, you will lose your claims. And if you are lucky enough, you will only get a small amount in terms of compensation. So, never admit responsibility. Leave it to the judge to decide. Let your lawyer argue the case on your behalf. Don’t throw your case away by admitting responsibility. Remember, insurance companies will love it when you admit responsibility. They are out to avoid paying anything. In a nutshell, they are out to make profits. So, safeguard your rights by leaving things to your attorney.
Signing Blank Documents
Don’t be lured into signing any document—especially the blank ones. Insurance companies are notorious for double-crossing their customers. They will trick you into signing a blank document. Remember, things you sign with your lawyers are legally binding. If you have to sign anything, consult with your lawyer first.
Failing to Attend Court sessions
Don’t fail to attend important court sessions. If you can’t attend, hire an attorney to represent you. Here, there are important deliberations that may be made. If you don’t agree with them, you should speak up. However, if you aren’t there, it will be assumed that you have agreed to these deliberations. So, consider attending all the court sessions. Ask your lawyer to represent you if you’re still recovering in hospital. Also, follow all the doctor’s instructions when it comes to treatment. Don’t lift heavy loads. They can make your injuries worse. Take all the medications.
Don’t make the above mistakes when litigating a personal injury lawsuit. Don’t miss important steps. These mistakes can cost your case. Avoid them and get the best compensation from your personal injury lawsuit.
HussaiN is a full-time professional blogger from India. He is passionate about content writing, Tech enthusiast & computer technologies. Apart from content writing on the internet, he likes reading various tech magazines and several other blogs on the internet.