Personal Injury lawsuits can be time consuming and complicated for all parties involved. If you’re considering bringing a personal injury action against a negligent party, be sure to avoid these common pitfalls.
Not Seeking Medical Treatment/Consultation—
Even if you believe the accident you suffered may not be that serious, consult with a medical professional before completely letting that accident go. If later it becomes too much a problem to avoid, the health repercussions may harder to track back to the accident, or the accident may have already been absolved and more challenging to seem legitimate enough to pursue any compensation for damages. If your injuries were severe enough that gravely affected your life at the moment or presently, you might want to consider filing a personal injury lawsuit right away; however, you need medical credibility
Communicating excessively at the scene of the accident—
All statements made at the scene of an accident can potentially be admitted as evidence at trial, and can be used against you. Anyone who has been in an accident will tell you that an accident can be a stressful and emotionally charged experience. In the moments after an accident, there’s a natural urge to get out of your vehicle and speak to the other party about what just transpired. It is important to be mindful of the legal ramifications that may transpire if you do so. It is important to not reveal too much when speaking to the other driver and keep the exchange minimal. It is very important however to exchange insurance and contact information.
Failing to Collect Evidence—
When you suffer an accident, you may be experiencing physical pain and suffering. Still, you have to gather and conserve any proof you feel may be necessary for ultimately holding this individual accountable. For example, in a car accident, taking pictures is vital for showing evidence of damages, in addition to getting witness information, and filing reports. The more you gather, the better case you’ll have for yourself, and the more comfortable a personal injury lawyer can dispute your right to compensation for you.
Taking too long to file a claim—
There is a statute of limitations that applies to all injury claims. This is a set deadline for filing a lawsuit in the court system. In a case involving a government or public entity, the statute requires that you file within six months or sooner.
This is why, it is most advisable to file a case as soon as possible, if a settlement is not likely. There are a few exceptions to this rule, such as when the plaintiff is a minor, disabled or mentally ill or insane.
Not Hiring a Personal Injury Attorney –
The importance of hiring a personal injury attorney who has experience wining personal injury cases can never be undermined. Personal injury attorneys have the experience necessary to recover as much as possible for damages that occurred in a personal injury accident. Even if a claimant has the confidence to represent himself or herself in court, an Attorney will bring years of experience and know-how to a case to ensure that your best interests are protected.
Not giving your Attorney the Full Scope of the Accident—
As a personal injury claimant, you want to give your attorney every matter detail. The best way he or she can represent you in court is they have the entire picture and are prepared when the other party wants to dispute a detail that does not benefit you. Your attorney will be most prepared if you have given the information necessary to dispute frivolous claims. When working with an attorney, it is all about the teamwork between you and the attorney that together will generate a great result in your case.
Settling before consulting with an attorney—
During car accidents, individuals are required to exchange insurance and contact information with each other. However, some individuals may try to buy their way out of trouble and avoid involving their insurance companies for fear of repercussions. Other factors can also affect the defendant trying to buy their way out of a lawsuit for fear of public notoriety and court proceedings.
However, if the damages are big, it is best to not let anyone convince you otherwise. It is always better to have the law on your side when it comes to receiving compensation for your injuries. A court of law will hold a more definite judgment than a verbal agreement. Before you decide to settle privately or on your own, you should consult with legal counsel to make sure that first the settlement is legal, and second that the settlement is most beneficial for you.
Even if the settlement meets both criteria, you also want to make sure you are not missing out on anything that could potentially be better and more deserving for you.
If you or a loved one have suffered a personal injury accident, consult with a personal injury attorney. Contact our attorneys at Yarian & Associates, APC., at (844)291-1911.