Mistakes That Will Ruin Your Personal Injury Lawsuit
Posted on January 3, 2022 in Work-Related Injuries
Accidents can take many forms. You might get hit by a car, burned by a defective product, trip on a staircase, or fall off a ladder. Regardless, your life can be changed in an instant. You know all too well, if you’ve suffered a severe personal injury, that this is true. In your case, who was responsible? Were you even partially at fault? If someone else is to blame, might you be able to receive compensation for your pain and suffering, lost wages, medical bills, etc.?
When someone is injured at the hands of another person, a business, or entity, blame must be determined. They may have a personal injury case which, with the assistance of a competent lawyer, could entitle them to receive compensation for damages. However, there are a number of reasons why people lose personal injury cases.
Let’s take a look at why personal injury cases sometimes fail.
Ignoring Filing Deadlines
Your attorney should be instrumental in seeing to it that your filing deadline is met. In some states, for example, your personal injury claim may be forfeited if it is not filed within the two-year statute of limitations. In some cases, additionally, the precise date of your injury is when the clock begins ticking.
Fear of Court
Not everyone is a fan of the legal system. Just because you’re hesitant to be in a courtroom, however, doesn’t mean you should settle for a low offer, just to get things over with. Your attorney will handle the judge and jury. What you need to concern yourself with is providing them with all you can in the way of facts, witnesses, testimony, evidence, etc… and truth!
Accepting an Offer That’s Too Low
More times than not, the first offer provided by an insurance company will be an extraordinarily low one. Don’t accept the first offer to come along! Always review an offer with your attorney before you accept/decline.
Social Media Mistakes
It seems today that people just love to air their issues on social media. You must refrain from doing so as it relates to your injury. Don’t let others talk about it on social media, either. Everyone will be checking social media for anything having to do with your accident/injury/incident, including insurance adjusters.
Concealing Injuries/Facts from an Attorney
Be upfront with your attorney about absolutely everything. If you suffer from past injuries, do not conceal that fact. Anything even remotely related to the incident in question should be shared with your attorney, as well. Don’t withhold information or embellish facts. Don’t misrepresent how you’ve been affected by the incident and/or how the incident happened. Your attorney can’t help you if you’re not honest with them.
Not Watching What They Say or Sign
Don’t sign anything without first showing it to your attorney and don’t say anything to witnesses, others involved in an incident, insurance companies, etc. without first talking to your attorney. If the police ask you for a statement, it’s a touchy area as to whether you need to refer to your attorney first, or not. You may be under obligation to, at the very least, give your side of the story to the police. If you must speak, however, never admit guilt or fault.
Failure to Hire an Attorney
Without an attorney, you stand little success against today’s insurance companies. What’s more, navigating the court system can be confusing and overwhelming without an attorney.
Failure to Seek and Provide Information
Any and all information and/or witnesses should be gathered in the case of a personal injury. This can include photos or videos of anything and everything involved. Get insurance information, phone numbers, addresses, names, etc., of people involved in an incident and/or witnesses.
Failure to Seek Medical Treatment
Don’t make the mistake, if you’ve been injured, of failing to seek treatment by a physician. You might not even know you’re hurt. Without evidence of an injury and/or treatment, you will have a hard time making a successful personal-injury claim.
Do You Have a Personal Injury Case? Don’t Drop the Ball By Ignoring Legal Assistance
If you’ve been the victim of an injury from a person, business, or other entity, you need someone to stand up for your rights and fight for compensation. Let Pazer, Epstein, Jaffe, and Fein, P.C. be of service.