Personal injury cases occur when someone suffers harm from an injury or accident that somebody else might be legally liable for. Typical personal injury cases may result from road accidents, work-related injuries, assault claims, slip and fall, defamation, dog bites, product defect accidents, and medical negligence. Personal injury cases may end in formal lawsuits or informal settlements.
In these cases, the burden of proof lies with the plaintiff, meaning they must prove that the defendant is responsible for the harm suffered beyond all reasonable doubt. However, certain mistakes can jeopardize your case; below, we’ve listed a few that you should avoid in a personal injury case.
1. Not hiring a personal injury attorney
Failure to hire a personal injury attorney means you may not get the compensation you deserve due to a lack of negotiating skills and professionalism. Hiring an injury lawyer assures you of objective representation as they are professionally trained to look out for their client’s interests. They file the claim on your behalf and use their negotiation skills to ensure you are compensated fairly. With a personal injury lawyer, your case moves fast, saving you time and money.
2. Failure to collect and document evidence
Not documenting evidence from the accident scene weakens your case, reducing your chances of compensation. Gather as much evidence as possible from the scene and document it. Take as many photos as possible, collect statements from eyewitnesses and get their contact information, names, and addresses if they’re needed to testify in person. If your injuries result from a road accident, get the responsible driver’s name, contact number, address, and insurance company details.
3. Not calling the police
After an accident in which you’ve suffered injuries, you should call the police to the accident scene. The report they generate usually contains relevant information that can help you win a personal injury case.
4. Waiting too long to file a personal injury claim
Deadlines govern the filing of personal injury claims. After suffering injuries from an accident, you must wait for some time to understand the severity and nature of the damages to determine their impact on your life. Severe injuries may require ongoing medical treatment, which may take longer than expected. If you’re still undergoing treatment, start the process but don’t accept compensation until you get a clear understanding of the scope and nature of your injuries.
Your injury case is governed by your state’s personal injury statute of limitations, so find out the time limit to file a lawsuit in your state. Before accepting a settlement offer, determine whether you’ve reached maximum medical improvement.
5. Not seeking medical attention
If you haven’t suffered significant injuries or you feel okay after an accident, it doesn’t mean that you don’t need medical attention. Sometimes, ignored minor injuries may escalate and worsen. Get checked even when you feel okay to rule out any internal injuries. Seeking medical treatment, especially if you intend to file a personal injury claim, is essential as this serves as proof that the injury impacted your life and you deserve compensation. Document all the receipts and stick to the doctor’s advice to avoid being accused of neglecting your health.
When filing a personal injury case, the burden of proof lies with you, and any minor mistake can compromise it. Consider avoiding these mistakes when you or your loved one is involved in a personal injury case.