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5 Mistakes to Avoid in a Personal Injury Case

Navigating a personal injury case can be complex, and even minor errors or oversights during the process can significantly impact the outcome of your claim. Understanding and steering clear of common mistakes is crucial to protecting your rights and maximizing your chances of a successful resolution.

5 Mistakes to Avoid in a Personal Injury Case

Avoid These 5 Mistakes

No two personal injury situations or cases are the same. There are, however, some shared mistakes that can ruin your chances of getting the outcome you’re seeking. Here are a few of the big ones:

  • Waiting Too Long to Get Medical Attention

You need to get immediate medical attention after an injury. This is important for two distinct reasons:

  1. For starters, your health is at stake and you need a medical professional to ensure you’re in stable condition and that any further damage can be prevented. In many cases, the sooner you seek treatment, the faster and fuller the recovery will be.
  2. Secondly, your medical records will play a key role in your settlement negotiations. If you can show that you sought immediate medical attention, it gives your claim more merit. This documentation acts as evidence of your injuries.

Hopefully, you can see that it’s a big mistake to wait to get treatment. If you aren’t seen by a doctor within the first couple of hours of your injury, it could hurt your case.

  • Trying to Do Everything on Your Own

If you’re someone who doesn’t like to make a big deal out of things and would rather keep things somewhat private and quiet, you might try to handle things on your own. But this is not a situation where you want to represent yourself.

“Plaintiffs without representation are susceptible to being misled by insurance companies who are looking for a quick and easy settlement,” attorney John Price explains. “Regardless of the extent of your injuries, it is a wise move to hire a personal injury attorney.”

If nothing else, having an attorney on your side will help you understand the proper processes to follow, what motions to file, how to negotiate with insurance companies, etc. At the very least, they’ll help you avoid making some of the big mistakes highlighted in this article.

  • Talking Too Much or Embellishing

When you’re frustrated, it’s easy to start rambling about what happened. But whether it’s to your friends and family, the responsible party, or folks from the insurance company, it’s important that you zip your lips.

It might feel natural to want to explain your side of the story, especially to an insurance adjuster who seems sympathetic. However, giving a recorded statement without legal advice can be a trap.

On a related note, never embellish details of the story to make yourself look better. If you’re ever caught exaggerating or inserting/omitting details, it could compromise the rest of your case. The best policy is, to tell the truth and nothing but the truth.

  • Accepting the First Settlement Offer

It’s tempting to accept the first settlement offer from an insurance company, especially when medical bills are piling up. But this is often a lowball offer, not nearly enough to cover all your expenses and losses. Think of it as selling a valuable baseball card at a garage sale price. It might be convenient to get it over with, but you’re leaving a lot of money on the table.

As a general rule of negotiating, you want to let the insurance company do most of the talking and offering before you ever throw a number out. The longer you can hold off, the more leverage you have (and the higher the settlement figure will likely go).

  • Missing Important Deadlines

Legal processes have strict deadlines, known as statutes of limitations. Missing these deadlines is like showing up late to an event – they might not let you in at all.  Make sure you know these critical timelines to avoid being barred from seeking the compensation you deserve.

Setting Yourself Up for Success

There are no sure things in personal injury cases. There are always factors on both sides that can influence the ultimate outcome. Making certain mistakes can hold you back and mean the difference between a successful settlement or verdict and one that leaves on the outside looking in.

By avoiding the mistakes outlined in this article, you can give yourself a much greater chance of enjoying a successful outcome.


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