A personal injury case’s success is determined by a number of things. A personal injury case, no matter how you look at it, may be a long and drawn-out process. It is feasible to win these claims and receive compensation; nevertheless, there are a few critical errors that might lower the total amount of damages you receive.
To assist you in preparing a successful personal injury lawsuit, here are five things to avoid doing in order to prevent losing money in a personal injury case. Waiting, assembling your case on your own, accepting the first insurance offer, testifying alone, and neglecting paperwork are all on the list. Santa Barbara personal injury attorney explain how and why you should avoid these mistakes.
Do not wait.
Following an accident, one of the first things you should do is seek medical attention. Don’t put it off! When you go to the doctor after an accident, you’ll make records that indicate you were harmed and that the accident happened.
Insurance companies can use loopholes to avoid paying damages if you wait and don’t seek medical help. They can use a lapse of care stipulation, for example, to argue that your injuries were not substantial enough to deserve compensation.
Furthermore, insurance companies may refuse to pay for coverage if you wait until a different ailment develops and you discover other problems related to your injury. Insurance companies will cover health difficulties during specific time periods, but as a general guideline, get medical help as soon as possible.
When you meet with a personal injury lawyer to prepare your case, bring these records, as well as any police reports and other evidence you’ve obtained. This leads us to the next point.
Don’t try to organize your case on your own.
Personal injury law is difficult, intimidating, and time-consuming. Not only that, but drafting a successful lawsuit for personal injury claims takes a long period, especially in cases involving harmful drugs.
A personal injury attorney is well-versed in the law. Santa Barbara personal injury lawyers have years of experience helping injured people get the compensation they deserve after an accident.
Our attorneys are prepared to assist you regardless of the type of harm you’ve sustained. Bring all of the evidence you’ve gathered to your meeting with them, and we’ll work together to construct your case.
We know how insurance companies avoid paying out, and we’ll battle for you until you win.
Refrain from taking the first insurance offer that comes your way.
Because personal injury cases may be so stressful, accepting the initial payment offer from the other party’s insurance company can be tempting. What is our recommendation? It’s not a good idea.
Insurance companies will strive to make an offer upfront in personal injury cases, particularly vehicle accident cases, to prevent a greater payout. Typically, these upfront payments include a promise not to sue the corporation or the responsible party.
Our recommendation is to wait, gather evidence, and draft a personal injury claim with the help of a professional. A claim does not guarantee that you will go to court with the other party, but it is a more efficient way to obtain the coverage you require.
Do Not Testify Alone
As previously said, attempting to handle a personal injury claim on your own is quite difficult. Finding witnesses to testify on your behalf is a vital component of drafting a lawsuit.
Talk to others on the scene if you were in an accident and are in a stable state. Obtain reports, contact information, and commitments from these individuals that they will support your cause.
Statements from witnesses are crucial pieces of evidence that can make or break a case. Some witnesses may even present you with evidence that you were previously ignorant of. However, if you don’t have any witnesses, your case will appear weaker, and you’ll almost certainly be denied compensation.
Don’t Ignore the Documentation
Evidence of damages, as you may have noted, is critical to your case. The overall amount of compensation granted to you will be decreased if you do not record evidence as it comes in.
“What should I document?” becomes the next question.
Medical records, police reports, and witness testimony are just a few examples of evidence that will be useful. However, there are numerous other records that can support your claim, including the following.
Information about the job
There will be evidence if you’ve been injured and are unable to work. For injury and recuperation, time off and leave of absence petitions are excellent papers to submit in your claim.
To establish lost wages, you can utilize letters from your employer, pay stubs, W-2 forms, and tax returns.
Because accidents can inflict bodily and psychological harm, you may require additional care and therapy to fully heal. Any medical fees you’ll have to pay after an accident should be saved.
Keep in mind that each of these costs must be directly tied to the accident-related injuries you sustained. In truth, these charges were required to assist you in your recovery. If the necessity of medical treatment is not stated, defense lawyers will oppose it.
Information and communication about insurance
Save any messages you exchange with your insurance company as you deal with them. If at all possible, include timestamps on the communications. You can also use screenshots to hold your insurance company accountable.
The defending party’s insurance provider should follow the same counsel. Insurance adjusters will look for any and all loopholes they can to limit the amount of coverage you get.
Pictures, as the adage goes, are worth a thousand words. This is also true in personal injury law. Take pictures of the accident scene if possible. When it comes to car accidents, you may not be able to see all of the damage right at once, but photographic evidence can be utilized afterwards to assess the damage.
If you take images with your phone or mobile device, each image should have information that can be used to confirm the accident’s time and location.
Reports of fires
Depending on the circumstances, the fire department may be called in instead of or in addition to the police. After the event has been resolved, you should be able to access records that can help you prove your case.
Reports on incidents
Store staff are accountable for filling out incident reports if you had a slip and fall accident or similar mishap. Businesses are obligated to write out incident reports for their records in most cases. You can also get a copy for your records.
Reports about driving
This may not be the first time the at-fault driver has been engaged in an automobile or trucking collision. Driving records can be a powerful piece of evidence in your personal injury case.
Accounts in writing
Finally, ensure that you carefully document your account of the accident. Include as many facts as you can, even if it means referring to supporting material. A written story can help you garner powerful backing for your argument, especially if it goes to court.