Mistakes to Avoid in a Personal Injury Case

Whether you have slipped and fallen at a grocery store, or been injured in a car crash, you may consider filing a personal injury lawsuit. A personal injury lawsuit is a legal claim filed by an injured party against a person, business, or entity whose negligence or wrongful actions caused harm, seeking compensation for medical expenses, lost wages, pain and suffering, and other damages. However, you can suffer yet another accident: doing or saying something that affects your ability to recover damages for your injury. Here are some of the biggest mistakes to avoid when filing a personal injury suit.

Making Statements That Can Be Used Against You Later

After an accident, lots of people will want to speak with you and get your perspective on what happened. It is really important to remain silent, if at all possible, before speaking with your attorney about how to respond. This is because your statements, even if seemingly innocuous, can be used against you later. Even saying “I’m sorry” can be a statement that is used against you. Similarly, telling an insurance adjuster that “You feel okay” could be used to show that your injuries were not too bad. Resist the impulse to respond right away, and instead, call an attorney and have them reach out to necessary parties on your behalf. 

Not Getting Seen By a Doctor Right Away

After an accident, some people delay seeking medical care because they do not feel hurt right away. They do not want the inconvenience of being seen, or they do not want to make a scene. However, some injuries—like concussions, internal bleeding, or whiplash—may not show symptoms immediately. If you wait too long, insurance companies may argue that your injuries were not serious or were unrelated to the accident. Always seek medical attention as soon as possible to protect both your health and your claim. Additionally, follow whatever directions the medical professional gives you, including follow-up appointments. 

Accepting the First Settlement Offer

If you are hurting and awaiting reimbursement, it can be tempting to accept the first settlement offered. You also may believe that, if you do not take the settlement, you will walk away with nothing. If you accept, you can end up leaving money on the table. Insurance companies often offer quick settlements in hopes that victims will accept a low amount before understanding the full extent of their damages. While the initial offer may seem tempting, it is usually far below what your case is truly worth. Once you accept a settlement, you typically waive your right to pursue additional compensation. It is wise to consult an attorney before agreeing to any settlement.

Waiting to File The Lawsuit

As you are dealing with injuries, the last thing on your mind may be to file a lawsuit. This can be a costly mistake, however. Every state has a statute of limitations that establishes a strict deadline for filing a personal injury lawsuit. Missing this deadline can result in losing your legal right to seek compensation, regardless of the severity of your injuries. It is best to speak with an attorney right away, as the statute of limitations differs from state to state and can differ due to the type of claim. 

Posting on Social Media

In today’s world, many people share updates about all aspects of their lives on social media. You might be inclined to post specifically about your injury, or post updates after the injury. However, posting about your accident or injuries can harm your case. Insurance companies and defense attorneys often monitor claimants’ social media profiles for evidence that contradicts their claims. A simple photo of you smiling at a family gathering could be misinterpreted as proof that your injuries are not as severe as you are making them out to be. While your personal injury lawsuit is going on, it is advised to stay off of social media. 

Not Gathering Evidence, Especially Early On

Strong evidence plays a crucial role in the success of a personal injury claim, making it essential to gather as much information as possible at the scene of the accident. This includes taking photos of the accident site, any injuries sustained, and property damage, as well as collecting contact information from witnesses who can support your case. Obtaining copies of police or incident reports can also provide official documentation of what happened. Additionally, keeping detailed medical records and bills related to your injuries helps to establish the extent of your damages. Failing to collect evidence early on–especially witness statements–can make it more challenging to prove liability and secure the compensation you deserve. Witnesses may become harder to locate, and their memories may fade, weakening your case. 

Choosing to Represent Yourself

Representing yourself, or going pro se, is entirely possible. You may think it is advantageous, as you can avoid the hassle and expense of hiring and paying a lawyer. Or, you might think that your injuries are not severe enough to hire a personal injury lawyer. However, you should be aware of the risks of filing the case and representing yourself, especially if your case involves significant damages or complex legal issues. Insurance companies have teams of lawyers who are skilled at reducing payouts or preventing you from recovering at all. An experienced personal injury attorney knows how to negotiate with insurers, gather evidence, and present a strong case on your behalf. You are more likely to recover at all, and more likely to recover more money, by retaining the services of an experienced personal injury attorney. 

Consult an Experienced Personal Injury Attorney 

Filing a personal injury claim can be a complex and challenging process, but avoiding these common mistakes can significantly improve your chances of securing fair compensation. If you have been injured due to someone else’s negligence, an experienced personal injury lawyer can help you avoid these pitfalls, navigate the legal process, and maximize your compensation.