Personal injury cases are a very overwhelming situation to be in – even the slightest of errors can lead to consequences that can put a person in disadvantageous situations.
Below, we have listed the common pitfalls in the process of navigating personal injury cases – with advice on the best way to avoid the same.
Delaying Medical Attention
A very common mistake made by many – often under the influence of adrenalin and/or shock, medical attention must be sought immediately after the accident has occurred. This is applicable even if there is a minor or no apparent injury.
For starters, immediate treatment prevents any opposing parties from arguing that one has exaggerated their damages – or included those not related to the accident. Records generated as a result of the medical treatment serves as proof in this regard. Secondly, it helps the affected party avoid bigger potential medical issues later on.
Not Gathering Evidence
Any case’s evidence is its main backbone – personal injury cases are no exception. Sadly, many end up waiting before they begin the collection process – a major pitfall as this can risk losing important information.
The best way to avoid this is to begin gathering any and all evidence immediately and without any delay. Evidence includes crucial pieces of information that can help reconstruct the event – such as scene photos, contact info of witnesses or other victims, and medical and law enforcement records. Such things will go a long way in authenticating claims and proving liability.
Not Recording Damages
Many accident victims tend to gloss over the value of keeping things documented – especially damages. This goes beyond medical expenses, and includes job or wage loss, transport costs, as well as non-tangible elements like emotional suffering and pain. Failure to document these prevents people from demonstrating such loss, which in turn can lead to a lesser settlement offer.
Keeping detailed records of anything that surrounds these elements of suffering must be rigorously documented. Bills (other than medical ones), expense receipts, written communication and others must be kept. They might need the testimony of an expert for substantiation – but this will only work if the documentation is there to begin with.
Delaying Seeking an Attorney
Many accident victims believe that they do not need an attorney to handle their personal injury claim. While this can be done, it is not recommended. After all, the layperson may not know the ins and outs of the law the way an attorney does.
Make sure to seek the services of a lawyer as soon as you can after the accident. They will help you understand the intricacies, and prevent issues like lapsed deadlines, missed records and lower-than-deserved settlement offers.
Working with the Insurance Company without Representation
Insurance company officers are known to seem amicable and helpful – this could not be farther than the truth. Their behavior is but a veneer – and their true intention is to reduce their potential payout. Clients may sometimes end up being fooled by this and discuss details with insurers – which may end up being used against them.
The best and easiest way to avoid this is by having legal representation. Legal professionals understand that even the most innocent off-hand remark can be used against the client. They will listen to everything the client has to say, but dispense only as much information as necessary.
Not Taking the Statute of Limitations under Consideration
All cases come with their statute of limitations – this is a deadline that clients must adhere to while filing their case. Not keeping this into consideration will nullify the value of the case, leading to the case being thrown out of court, along with additional unnecessary expenses.
The details of the statute of limitations for a personal injury case varies by state. The best way to adhere to them is by keeping oneself familiar with such facts.
Saying Yes to the First Offer of Settlement
Accident victims are often stressed, and in such situations want the case to resolve quickly. In such circumstances, they may end up accepting the first offer of settlement that they receive. These amounts are almost always lesser than the ones that they deserve.
The ideal thing to do here is to consult the offer with the attorney before giving an answer. Attorneys come with years of experience, which helps them identify and offer insights into the fairness of the offer. They understand that a settlement amount must match the victim’s current as well as potential needs.
Not Considering the Impact that Injuries can Make
In the throes of pain and suffering, accident victims seek relief in the short term. While this is effective, and often needs to be done – the buck must not end there. One has to consider the impact the injury can make beyond the short-term relief it provides.
Injuries can lead to current and future medical bills, or lead to changes in lifestyle that can affect one’s ability to work and live. Not taking this into consideration will impact money earned and lead to a lesser settlement amount, which can negatively affect finances in the long run. It is therefore important to take a comprehensive note of one’s injuries – fully assessed and documented.
Sharing Information on Social Media
In today’s day and age, social media can end up becoming a serious liability. Often, if clients end up sharing information on social media, it ends up being used against them. Even non-accident-related posts could be used for discrediting the victim.
The best course of action here is to keep one’s social media activity least and discreet during legal proceedings. Keeping accounts private helps, but refraining from posting altogether prevents any type of sabotage.
Signing any Documents without Reading them
Legal documentations are known to be lengthy and peppered with complicated jargon. Signing them without knowing exactly what they mean can do more harm than good. Documents signed unawares might lead to clients agreeing to conditions that go against them or sign their rights away.
Clients must make sure to not sign any case-related documents without their lawyer present. Lawyers can help by evaluating if the document terms match up with their clients’ interests.
Not Following-Up on Medical Advice
Neglecting medical advice can have major implications on both the victim’s health and their case. When accident victims comply with the treatments they have been recommended, it legitimizes their injuries and proves that they are committed to recovering.
Actions like bailing on appointments and not following treatment regimen may play down the seriousness of the injuries. Such a perception can easily reduce the strength of the case.
Not Including Expert Testimonies
Testimonies from experts play a major role in any case – personal injury cases are no different, and the right testimony might easily sway the decision towards a positive outcome. Unfortunately, many clients do not take the impact into consideration, instead relying solely on evidence.
Experts have years of expertise in their field and use the same offer in their analysis of the chain of events. This can help legitimize the claims in technical areas and support the case.
Not Planning for Tax Payments
Sometimes, clients end up overlooking the tax they might have to pay for their personal injury settlement. Compensation settlements are usually not taxable, but certain parts – like those pertaining to damages or wage loss are. This makes it all the more important for clients to understand tax liabilities. This helps them plan effectively.
One of the best ways to make this happen is to speak with a professional experienced in taxation. They can help ensure that you are in compliance.
Not Considering Emotional Implications
While focusing on the physical and financial implications of personal injuries, clients end up ignoring the emotional ones. Ignoring emotional and mental factors can in fact, negatively impact them all.
The best thing to do here is to take steps for better mental health. This can include things like engaging in support groups, or going to counseling or therapy.
To Conclude…
According to The Law Offices of Harding and Andrade, the successful handling of a personal injury case requires clients to be aware of the pitfalls, along with how they can protect themselves against making them. By preventing themselves from making mistakes, they can easily steer their case towards a more positive outcome.