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

In 2021, there were 62 million injuries in the US; that, along with preventable deaths, amounted to $1.22 trillion in costs!

Thankfully, we’ve got insurance to compensate for most things. But it’s not always easy getting a payout, especially if there are other parties involved.

If you’ve got a personal injury case, then it’s beneficial to file a lawsuit with the aid of an attorney. You need to make sure it goes smoothly though, so learn from the mistakes others have made.

Below are seven common errors with personal injury lawsuits so you know what to avoid.

1. Waiting Too Long to File

We understand that an injury can be painful and traumatic, as well as exhausting, so you probably don’t want to deal with legal things immediately. However, it’s in your best interest to file your claim ASAP.

There are statutes of limitations for personal injury cases. They range from one to six years, depending on where you’re located, so don’t miss your lawsuit filing deadline.

Also, it’s best if you get all the details of your case while they’re fresh. Details fade with time, and the longer you wait, the less accurate and granular your testimonies will be.

Not to mention, witnesses can have fading memories too. In the worst-case scenario, they may die before you file, so then you’ll lose key people who can help your case.

2. Sharing Details Publicly on Social Media

Again, suffering from an injury can have a huge impact on your life, so venting on social media can be a great way to blow off steam. But this is a bad idea, especially if your posts can be publicly viewed.

The opposing party will search hard for things to use against you, so they’ll go through your posts with a fine tooth comb. What may seem like an innocent post can end up costing you your claim.

So if you really need to vent, ensure your posts are “friends only.” Even then, you might want to create a limited list of people who can see these posts so the information doesn’t get out.

The safest route is to take things completely offline. Try to stick with venting in person with friends and family.

3. Not Documenting Injuries

You should expect the opposing party to fight hard and not give you a penny more than the minimum. They won’t take your word at face value, so you need to gather all the evidence you can.

This means that you need to take pictures and videos of your injuries right after they happen. In addition, seek medical help immediately and save every receipt and document you receive.

Other things you should save or keep track of include your prescriptions, pill bottles, braces, and casts.

4. Not Listening to Your Doctor

On that note, you need to show that you’ve been following all your doctor’s recommendations. You should also book regular appointments and be committed to showing up to all of them.

If the opposing party sees that you’re ignoring your doctor’s advice, plus you’re going around town acting as if you’re able-bodied, then you can bet that they’re going to point these things out. It’s up to you to prove that you’re working hard to get better and that your life’s been negatively impacted by this injury.

5. Not Hiring a Lawyer

The legal system is complicated, and for the average person, the claim filing process is a nightmare to navigate. Add in an injury and pain, and it can feel hopeless.

Get rid of this unnecessary stress by seeking legal counsel. They’ll be proactive and will be your advocate.

Not only should you hire a lawyer, but you should get an experienced professional who specializes in the injury you’ve suffered. For example, if you’ve been in a car crash, then you should look for the best car accident attorney around.

6. Not Taking a Settlement Offer

The other party should give you a fair amount to not only compensate for the injury and the medical needs surrounding it (such as medical appointments, surgeries, and medications), but also the mental suffering and financial impact (i.e., time taken off work). They’ll always try to lowball you, so carefully consider their offers before accepting.

On the other hand, being stubborn and not taking a settlement offer can backfire too. This only drags out the legal process, which can be tiring for everyone involved.

However, before you take any settlement offer, make sure you review it with your lawyer first. They’ll know if it’s a good deal or not and can help you negotiate if needed.

7. Signing Documents Without Legal Review

You should never sign any personal injury lawsuit documents without having a lawyer review them first. In most cases, people don’t read every word and just sign because they want to get it over with. This is a costly mistake.

Even if you do read everything before signing, you might not fully understand what’s written, and you might sign away your rights on accident.

Having an attorney review all documents before you sign guarantees that you won’t be taken advantage of.

Avoid These Errors With Personal Injury Lawsuits

Making errors with personal injury lawsuits can completely ruin your payout. As a result, you’ll have a bigger challenge with healing from your injury, especially if you have to take a long time off of work.

To ensure that you’re financially sound while you focus on recovering, don’t make the same mistakes that others have before you. Most importantly, you need to document everything, seek medical advice, work hard at healing, and have expert legal counsel. When you do these things, you’ll have a much easier time getting the payout you deserve.

For more on legal matters, keep browsing our blog page now.