5 Legal Missteps That Can Weaken Your Personal Injury Case Before It Reaches Court
The goal of personal injury claims is to get compensated for injuries suffered as a result of the negligent or reckless act of another. This goal is typically achieved through negotiation with the at-fault party and their insurance company, or by proceeding to court for a trial. There is a common belief that the courtroom is where a personal injury claim is either won or lost, but this is not entirely accurate.
Many personal injury cases are decided long before they even get to a courtroom by the actions of the parties involved. To avoid weakening your personal injury claims, here are some key legal missteps you should avoid at different points of your claim.
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Do Not Talk Freely to the Wrong People
It is not uncommon for people to want to set the record straight after a personal injury claim or clarify their role in the incident. While this may sound like a great thing to do, it is not always the most appropriate approach to take. “Talking freely to anyone can lead to sharing inaccurate details, unintentionally admitting fault, or giving information that can be used against your claim,” says personal injury attorney Rusty Levin of Levin & Nalbandyan LLP.
As much as possible, you should try to speak less about the incident and document more details and evidence as they present themselves.
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Do Not Delay Medical Treatment or Ignore Doctor’s Orders
A known way to damage your personal injury claim, even before it gets to a courtroom, is delaying medical treatment. Delaying medical treatment puts your health at risk and can seriously weaken your personal injury claim. The other party can argue that delaying medical treatment is proof that you did not suffer any injury or that your injuries are not as severe as you say they are.
Closely related to delaying medical treatment is ignoring doctors’ orders, as that creates a gap in medical care. This is a gap that can be exploited by the other party to suggest that you were not injured and are only seeking a payout.
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Posting About the Incident or Your Well-being On Social Media
Whether it is to vent or to keep your fans updated about what is going on in your life, posting about the incident online is a legal misstep that can affect your case even before it reaches court. As much as possible, try to keep details of the incident and your well-being off social media till the case is concluded. You cannot tell how much of a negative interpretation can be given to a harmless post of yours on social media.
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Giving a Recorded Statement Without Counsel
After the accident, you may get a call from the at-fault party’s insurance company showing interest in your well-being and asking if you are willing to give a recorded statement. Do not fall for any of these gimmicks, as they are not in your interest. The chances are that you may likely say what should not be said when giving a recorded statement. Instead, seek the guidance of your legal counsel or have them do the talking for you while you focus on your recovery.
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Settling Too Early Without Understanding the Full Value of Your Claims
Quick settlements can be tempting, especially when bills are piling up and calls from insurance adjusters continue to come in. But early offers are almost always lowball numbers designed to get you to waive your rights for pennies on the dollar.
A proper case valuation requires time, as it involves several key considerations. It may include medical evaluations, physical therapy reports, future treatment projections, lost wages, and estimates of pain and suffering. Once you sign that settlement agreement, the deal is done, and there is no going back, even if your condition worsens.
Conclusion
You need to be aware and conscious at all times when dealing with a personal injury case because you can be one mistake away from weakening your case. While it is possible to go at it alone, it is recommended that you discuss your case with a personal injury attorney. That way, they can ensure you get the proper legal guidance at all times needed to avoid any of these legal missteps.
