In life, nothing can be predicted. Often a sudden accident can bring your life to a standstill. If the accident is due to somebody else’s mistake, you have to bear the consequences. In such situations, you can file a personal injury case. When you win the case, you will get compensated for the damage that you suffered.
But, winning a personal injury case is not an easy task. There are several places where the other party could pull you up. If you are not prepared, you might even end up losing the case. Here are some errors that could spoil your personal injury case. Avoid them if you want to receive adequate compensation for your suffering.
Not calling the police
Sometimes when an accident happens, the other party tries to convince you not to call the police. However, this is a huge mistake that you must steer clear of. When you file a personal injury case, a police report is necessary.
A police report is one of the simplest ways to show that you have met with an accident. Otherwise, the other party could try to manipulate the truth. If they succeed in the same, your case would automatically weaken.
Not seeking medical help
Even if your injuries are minor, you must go to a hospital and get them checked. Sometimes the injuries are internal, and their symptoms manifest in a few days. For example, in the case of Common injuries suffered in oil fields, the damage would mostly not be external. Hence getting medical help is more than necessary.
If you go to the doctor, they will tell you if that is the case. You can then share them in your case file. If there are no injuries seen, your case seems weak. Also, if you wait to see the doctor, the insurance companies could claim that the injuries are not that serious. Plus, they could also say that the injuries are fabricated or forcefully created.
Not telling your doctor everything
Sometimes we do not share all the details honestly with our doctor. We either try to avoid the details or miss out on some of the injuries. But this is not a very good idea. By doing this, you are compromising on the treatment you will receive.
Not only that, the insurance companies will find sufficient evidence to say that your case is not reliable. They will argue that you are not credible as a person and should not be trusted.
Not hiring a personal injury lawyer
When looking for a lawyer, make sure that you are hiring a personal injury lawyer only. Hiring any lawyer to do the needful might hamper your case.
Plus, only a personal injury lawyer knows the required methods to get you complete justice. He knows exactly what will add strength to your case. Also, a personal injury lawyer of a particular state understands the policies and laws properly. If he sees any weak point in your case, he will adjust it as per the state norms.
Posting information of your case online
Until your case is not resolved, you should not share any information about it online. This is because the other party would be looking to find details that they could use against you. Hence avoid sharing any photos or medical information with your friends.
You may do that to garner support from your friends. But if the other party gets hold of the same, your case will not be convincing enough. They will find places where your actions are questionable and do not deserve compensation.
Not maintaining all documents properly
Losing important documents related to the case is another mistake you can make. When you meet with an accident, you have to start compiling the documents. Any information that you feel is necessary for the case should be preserved and kept in a file.
If you avoid any prescriptions or medical-related data, you will not be able to prove the extent of your injuries.
Take photographs of any visible injuries. If your injuries are internal, you must have the reports proving the same. Also, make sure not to exclude any witness statements in your file. All these details help in making your personal Injury case strong.
Going for an easy settlement
Sometimes the other party would send their representative to coax you for an easy settlement. But you should not give in to their demands. By doing that, they will make you agree on a less satisfactory compensation. If you go to court and can prove the case, you will get a better amount.
So the moment the other party’s reps contact you, just avoid the call. Tell them that you are not going for an easy settlement process. Remember that for all of them, this is just a business. Once they are done with your case, they will move ahead.
Waiting long to contact the lawyer
You might think of contacting the lawyer once you are done with your treatment. But to be true, this is not a wise decision. You must contact him as soon as you are in a position to do so. Firstly he will check that all your documents are correct. Then he will suggest to you the process with which you can get your compensation fairly.
Apart from that, the personal injury lawyer will quickly see to the filing of the case in court. If your case starts before your injuries heal, it will be easy to show the extent of the damages. Hence waiting for the right time to get a lawyer is a mistake that you must not make.
Signing a document without your lawyer with you
Do not sign any document without the lawyer around you. Insurance companies have such cases coming to them every day. They have adjusters who convince people into resolving their cases without going to court. But you must realize that they will not do justice to your case. Whenever you deal with them, your lawyer should be with you.
You must not sign any document without his reference. He will stop you from making any rash decision. Moreover, most of these adjustors might contact you immediately after the accident. It is possible you might not have a lawyer at that moment. Hence be practical and do not fall into this trap.
Saying it is your fault
Often we think that the accident is our fault. In the initial stages, we do not have all the facts of the accident. By the time we realize that it was not our mistake, the case is already weakened. Moreover, if you mention that you are responsible for the accident, the other party could use that statement against you.
Even though it would be difficult, try to get to the facts and see who is responsible. When you understand who the culprit is, you can make your case against him/her. Remember that the other party won’t always speak the truth.
Making mistakes in the legal process
Winning the case is not going to be easy. Even if you have all the documents, there are many places where the other party could get you. Hence during the entire case, you must not make any documentation or procedural mistakes. That is why people recommend hiring a personal injury lawyer.
All the paperwork should be duly filed, and you must respond to all notices. Also, be present at all the hearings. If you are unable to come for the hearing, the other party will raise questions about your credibility. Winning this case is not only your lawyer’s job. You have to contribute in all ways to make sure the same happens.
Not speaking the truth
Do not make the mistake of hiding actual facts in court. Or you are not speaking the truth about how the accident happened. Suppose you do that, you could get caught in further legal problems. Even if your case is not that strong, adding wrong information could spoil it completely.
Be truthful, even if it means you have to declare information that would spoil the case. It is this truthfulness that would get you sailing through the case smoothly. Apart from that, if the other party is lying about the case, do not counter it back with incorrect details.
This will complicate your matter beyond imagination. Even a reputed personal injury lawyer would ask you to refrain from indulging in such practices.
Fighting a personal injury case could dampen your spirits. It will not be an easy journey, that is for sure. But if you avoid the above errors, you can easily win the case without any issues. Moreover, the court will grant you compensation only if they see strong proof of wrongful doing against you.
When you enter the court, you must have all your documents and proofs in place. Try and get some witness statements as that would add value to the case.
Plus you should add pictures of each and every aspect of your case. That lends credibility to the case and increases the chances of your winning.
- 1 Not calling the police
- 2 Not seeking medical help
- 3 Not telling your doctor everything
- 4 Not hiring a personal injury lawyer
- 5 Posting information of your case online
- 6 Not maintaining all documents properly
- 7 Going for an easy settlement
- 8 Waiting long to contact the lawyer
- 9 Signing a document without your lawyer with you
- 10 Saying it is your fault
- 11 Making mistakes in the legal process
- 12 Not speaking the truth
- 13 Conclusion