Filing a personal injury lawsuit properly requires knowing what not to do. Here are common errors in personal injury lawsuits and how to avoid them.
Family Law

7 Common Errors in Personal Injury Lawsuits and How to Avoid Them

You could receive compensation if you were hurt due to someone else’s negligence. The decision to pursue a personal injury lawsuit can be life-changing.

Unfortunately, not all cases end in the plaintiff’s favor. According to the U.S. Department of Justice, only 3 percent of personal injury claims settle through a trial verdict.

This could be because the plaintiff made mistakes during the case. So what are the top errors in personal injury lawsuits?

Let’s take a look.


1. Failing to Document Your Injury

Failing to document your injury is one of the most common errors in personal injury lawsuits. To ensure that your claim is as strong as possible, it is essential to have your medical records and supporting documents, such as witnesses’ statements, to keep your case.

Additionally, if you have photographic evidence of the scene that caused your injury, this can be valuable for your case. If you are too injured to take photos, ask a friend or family member to take the pictures for you.

A detailed journal of your medical condition can also help back up your story. Additionally, seeking the advice of an experienced personal injury lawyer will help you avoid common mistakes. It will also maximize your chances of a successful outcome.

2. Waiting Too Long to File a Lawsuit

Waiting too long to bring forth a personal injury case is a common mistake to avoid. Every state has a specific time limit for filing such claims, known as the statute of limitations.

For example, the lawsuit filing deadline in some states is two years; in others, it may be three. If you bring the lawsuit too late, the court may throw it out.

The injured person may be barred from filing a lawsuit ever again. To avoid this, you need to seek legal advice as soon as possible after an accident. 

3. Not Seeking Medical Treatment

One standard error in personal injury lawsuits is not seeking medical treatment. Individuals should always seek medical attention to document the injury.

Establish a treatment plan and provide proof of the injury’s severity. Without evidence of medical treatment, insurance companies may offer lower settlements or deny claims altogether.

To avoid this error, parties should follow their doctor’s instructions for treatment. The doctor must document every medical appointment and communication about the injury.

Additionally, parties should keep all medical records, bills, and other personal injury lawsuit documents associated with the damage to ensure a strong case. Individuals should also keep reminders, such as diaries or journals, of the progress of their medical treatment and note any changes in their condition. 

4. Giving a Recorded Statement

Common errors in personal injury lawsuits can be avoided by not providing a recorded statement to the opposing party. They can use any statement that one makes as evidence against them.

They can use it if the statements are incorrect. After sustaining a personal injury, the claimant should wait to provide any statement until they consult a lawyer. 

In some cases, the policyholder or their adjuster may attempt to have the injured party provide a recorded statement without legal counsel present. Such a request should be declined, and the insured person should instead inform the representative that a lawyer will represent them.

This avoids any situation where the questioning can lead to a confession of fault or even unintentional admissions of guilt. Avoiding giving a recorded statement is an essential step in protecting rights in personal injury lawsuits.

5. Posting on Social Media

A critical mistake often seen is when a plaintiff posts about the incident on their social media accounts. It will be used by the defense to weaken the case. The reason may take those posts out of context or claim that the plaintiff has attempted to embellish their injuries to receive a larger settlement.

To protect one’s case, the plaintiff should avoid posting about the incident and their injuries on social media. Disclosing too much or posting something compromising can lead to the defense painting a biased version of the incident. 

6. Not Hiring an Experienced Attorney

One of the most common errors in personal injury lawsuits is not hiring an experienced attorney. It is generally recommended that an individual injured in an accident seek legal counsel immediately after the incident.

Experienced personal injury attorneys will have the necessary knowledge and understanding of applicable laws and have the resources and network to handle complex and challenging cases.

Additionally, injury attorneys can assess the costs of medical care and damages associated with an injury to ensure the injured party will be compensated.

Failing to hire an experienced attorney can significantly reduce the amount of compensation one might otherwise be entitled to and make it challenging to navigate the lawsuit filing process.

Thus, it is essential to consult with a qualified personal injury attorney to ensure one’s rights to personal injury compensation are protected and upheld.

7. Settling Too Early

One of the most common errors in personal injury lawsuits is settling too early. Attorneys often recommend clients to hold off on settlement discussions until their medical treatment is completed, their medical bills have been accounted for and calculated, and other damages have been determined.

This is because the settlement amount cannot accurately be determined until all the costs associated with the injury have been calculated. Additionally, some injuries may take a long to heal, and the extent of the medical bills or losses may not be known for some time.

It is essential to discuss all these elements with a qualified personal injury law firm before deciding on settling too early. Doing so can increase the potential compensation for the damages and help ensure the best possible outcome.

Avoid Errors in Personal Injury Lawsuits Today

When filing a personal injury lawsuit, it is essential to be mindful of the common errors that could lead to decreased financial compensation.

Knowing the standard errors in personal injury lawsuits, such as not seeking medical attention, not adhering to the statute of limitations, and waiting too long to file, can help avoid these outcomes. Consult with an experienced attorney for help throughout the process.

You can learn more about the legal process by reading our other blog posts.

For more great advice, be sure to check out our blog. We have all the great legal advice you will ever need.

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