When pursuing a personal injury case, you have to go on the offensive. This means gathering persuasive evidence and lobbing attacks on the defense in hopes of establishing liability, causation, and damages. But as you move through your claim, there are pitfalls that could pose a threat to the successful outcome that you want and need. But what are those threats and how can you work to avoid them?
Commonly made errors in personal injury cases
Even if your car accident case seems straightforward, it can become complicated when mistakes are made. Therefore, as you navigate your case, you should be on the lookout for the following errors so that you can effectively avoid them:
- Saying too much: After your accident you might feel an urge to apologize or otherwise explain your actions leading up to the wreck. Avoid doing this if at all possible. Anything you say could be construed as an admission of fault, which could negatively impact your case. Also, be careful with what you say to insurance companies, as they’re looking for anything they can hang their hat on to deny your claim.
- Posting on social media: While social media can provide you with an outlet during times of anger and frustration, posting can also be problematic in a personal injury case. Your words and pictures can be misconstrued and taken out of context as the defense tries to show that you’ve taken accountability for the accident or that your injuries aren’t as serious as you claim them to be.
- Foregoing medical care: To prove your damages, you’ll need a well-established record of your injuries, the treatment you’ve received, and your need for ongoing care. If you bypass seeing the doctor or following medical recommendations because you think you can tough out your injuries, then you’ll put yourself at risk of recovering far less than what you need and what you deserve.
- Exaggerating or lying about your injuries: When you see your doctor, talk to the insurance company or provide depositional testimony, you might be inclined to make your injuries sound as bad as possible. Although you need to be realistic and honest, you want to be careful that you’re not stepping into exaggeration or otherwise mischaracterizing your injuries. Doing so will be discovered by the defense, which can put your personal injury claim in a precarious position.
- Failing to keep evidence: Every piece of evidence indicative of the harm you’ve suffered and the expenses that have been caused to you can be crucial to the outcome of your case. If you throw away old prescription bottles, receipts, invoices, and other evidence, though, it’ll be a lot harder for you to prove the full extent of your damages.
- Minimizing your harm: You don’t want to exaggerate your injuries, but you also don’t want to minimize the harm that’s been caused to you. If you do, then your ultimate recovery, assuming you win your case, will be far less than what you truly deserve.
Diligently work to develop a strong personal injury legal strategy
Car accident lawsuits aren’t always as easy to navigate as they seem. That’s why you need to be diligent about preparing your case. Gather and analyze the evidence, talk to witnesses, review the law, and anticipate how the defense is going to attack your claim. By doing these things, you’ll be better equipped to address whatever is thrown at you at the negotiation table and in court, which will hopefully lead to the positive outcome that you want.