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The Mistakes That Can Hurt Your Chances of Winning a Personal Injury Case

Personal injury cases can be emotionally draining, physically exhausting, and time-consuming. Whether you have been involved in a slip and fall,

Personal injury cases can be emotionally draining, physically exhausting, and time-consuming. Whether you have been involved in a slip and fall, car accident, or any other accident, you must document your case and hire a reliable attorney to improve your chances of receiving fair compensation. 

After decades of working as award winning personal injury lawyers, we have found out certain common mistakes that people make that can hurt their case. 

Here are some of the mistakes to avoid after encountering an accident or injury: 

Medical-Related Mistakes to Avoid 

The emotional distress and physical pain after experiencing an injury can be a lot to handle. However, some common medical-related mistakes people make during personal injury cases affect their chances of winning in court. 

Not Seeking Immediate Medical Care

People often wait to get the required medical care after an incident. Whether you plan to follow the wait-and-see approach or don’t feel much pain, not seeking immediate medical care is a big mistake. Sometimes, even if you seek emergency treatment, you fail to see the recommended specialists or get the desired treatment.  

Not seeking immediate medical attention will make your judges feel that you experienced less severe injuries. It can also delay your diagnosis, which can negatively impact your settlement and treatment. 

Not Following Medical Advice 

Suppose you went to emergency care after encountering an accident, and your doctor recommended some additional tests, followed up with a specialist, or wrote you a prescription. In that case, it is essential to follow it. You may be tempted to put off treatment if you feel better after the initial medical care. 

However, failing to follow medical advice can worsen your injury and make your judges feel you are not taking your injuries seriously. This can raise doubt about the truthfulness of your claim.  

Failing to Document Your Medical Treatment and Injuries

After seeking medical attention, your next step should be to document your medical treatment and injuries. Keep a record of all prescriptions, medical bills, and other injury-related expenses. Take photos of injuries such as scrapes, cuts, or bruises. We also recommend keeping a journal of your healing process and how the injuries are impacting your daily life. All these documents can be used to build a strong case and prove the severity of your injuries. 

Going Public About It 

Providing details about your injury to everyone may not be the best option if you want to win your personal injury case. 

Posting About It on Social Media 

Clients have updated us about their accidents on their social media accounts. You may want your family, friends, and followers to know that you are okay, but posting about your accident publicly can make the defendant twist your words against you in court. 

For instance, after your injury, you may have attended parties or social events and posted photos online. Your defence attorney may keep these photos as evidence and present them to the jury. Limit or avoid social media until your personal injury case is resolved. 

Sharing Private Details of Your Case with Others 

Whatever you share with our lawyers remains protected and safe with us. However, if you share any private details of your case with your friends or acquaintances, the communication doesn’t come with privileged communication protection. Your defender can tie up with these people to use their words against you in the court. 

Other Common Mistakes to Avoid 

Here are some of the general mistakes that you should avoid if you don’t want to settle for less compensation:

Signing a Settlement Agreement or a Release Without Consulting Your Lawyer

Insurance companies usually try to settle personal injury claims for little money immediately. They may present you with scripted complex court scenarios and pressure you to sign the agreement. Take time to understand the severity of your injuries and how they will impact your life in the long term. 

Consult your personal injury lawyer first before you sign any agreement. Our experienced lawyers will help you assess reasonable and fair compensation and present a strong case before the jury. 

Not Filing a Claim Immediately 

If you want to file a claim after a long time, you may lose your right to seek compensation. Consult a personal lawyer immediately after meeting with an accident and present your case to the court to meet all applicable law deadlines.  

Also, our lawyers will ensure that you consider your case’s value and settle for less. We will assess the severity of your injuries, long-term effects, impact of the injury on your daily case, or loss of earning capacity. We will negotiate with your insurance company to ensure you get a deserving compensation. 

Not Maintaining Evidence

You must gather enough evidence to prove the other party’s fault. Photographic evidence of hazardous conditions, property damage, or physical condition can help you build a strong case. If you cannot photograph yourself, have someone take it for you. 

Keep track of all medical paperwork and other documents that can help you win your case. Also, only record a statement with your lawyer’s guidance after an accident. Defendants or insurance companies can use this recorded statement against you to manipulate your words and minimize your chances of winning the case. 

Working with the Wrong Personal Injury Lawyer

Choosing the right personal injury lawyer to win your case is essential. Hiring an unqualified or inexperienced attorney can minimize your chances of winning and receiving fair compensation. When choosing an attorney, consider their reputation, experience, specialization, and track record in personal injury law cases. 

We are award-winning personal injury lawyers with a history of successfully handling personal injury law cases. We can guide you through the case, advocate, and protect your interest to provide you with the most deserving compensation.  

At Nicolet Law, we put all our knowledge and resources to help you win your personal injury case and award you fair compensation.