Personal injury cases can get complicated fast. And when that happens, one wrong move is all it takes for your claim to go downhill—even if another party is responsible for the injuries you incurred.
The best thing to do is to make sure every move you make throughout the case is thoroughly analyzed. When filing your personal injury claim, avoid making simple mistakes that will weaken your stance by keeping these tips in mind.
Tips to Avoid the Common Pitfalls of a Personal Injury Case
Hire an attorney
It can be overwhelming to deal with all the paperwork and reports when filing a personal injury case on your own. Making sure you’re well-represented by a lawyer can make dealing with the case much easier.
A lawyer will help you recover damages relating to your injuries. They can also gather evidence and file the necessary paperwork for you. It makes things a lot simpler for anyone unfamiliar with the law and personal injury cases.
If you’re filing a personal injury claim, make sure to hire an experienced personal injury attorney. That way, you know for sure that your case is in good hands. They know the ropes and have the resources to properly deal with personal injury claims, so they’re the best people for the job.
Don’t make a statement without a lawyer involved
Insurance companies will do anything to make a buck—even use your word against you after you give them an official statement. An attorney can help you craft the best statement possible that will keep your story clear, honest, and unquestionable.
It’s important that you and your lawyer look through your statement thoroughly before you submit it to ensure that there aren’t any loopholes that the insurance company can leverage.
File your claims within the prescribed time frame
People who file for personal injury claims often don’t know that there’s a limited timeframe in which they can file their claims. If you file your claim once that time frame has passed, the court won’t accept it. Don’t miss your chance—file it as soon as you can.
The statute of limitations for filing personal injury cases will differ per state. That’s something you can coordinate with your attorney about. In California specifically, you can file a claim up to two years from the event that caused the injury.
Document all the evidence you can
When you file a personal injury claim, the burden of proof is on you. So, you need to gather as much evidence as possible to prove that the other party is liable for the injuries you sustained.
Let’s say you get into a bicycle accident where another driver knocks you over because they were speeding. It’s important to gather evidence like a police report, photos of the damage to your bike, and medical reports of your injuries. You should also get the contact info and statements of bystanders who witnessed the event.
These can help make your case stronger in the long run, so make sure you have as much of it as you can.
Seek medical attention right away
One of the worst things you can do after you get injured from an accident is not seek medical attention right away.
Aside from the fact that going to a healthcare provider right away ensures that you can get treated right away, it also means being able to document your injury as soon as possible. Don’t delay this, as a lack of proper documentation from a physician can make your case more difficult to win.
Don’t accept the first settlement offer
One of the 4 elements of negligence is compensatory damages, which can be offered to you in the form of a settlement early on in the case.
Don’t make the mistake of accepting the other party’s first offer, even if it feels more convenient than going through a whole trial. The first deal they make is likely not the best they can offer.
Always consult with your attorney to see if the offer is worth it and can cover all your medical expenses and damages from the claim.
Never lie about your injuries
Last but definitely not least, never embellish your story about the injuries you sustained from the accident.
Don’t exaggerate the severity of your injuries either. It won’t raise the compensatory damages anyway. Plus, the judge will likely see right through your lies, so it’s not worth doing if it means you’ll be risking losing the case.
Receive the Best Representation to Avoid these Pitfalls
Make the least mistakes possible when filing your personal injury claim to make sure justice is served.
If you need help ironing out your game plan and ensuring that every move you make is the correct one, consult personal injury law firm Adamson Ahdoot LLP. Our team of Los Angeles lawyers is ready to help you navigate through even the toughest and most complex personal injury cases.
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