Some people injured by car crashes or similar situations can cover all of their losses with insurance. Other times, people with injuries that require medical attention and that result in lost wages may need to take legal action to recover their losses.
A personal injury lawsuit allows those negatively impacted by the negligence or misconduct of others to hold them accountable. Those hoping to take legal action in response to an injury can easily make mistakes that affect their eligibility for compensation or their success in civil court. They must typically take certain steps to strengthen their chances of winning at trial.
What are important steps for people to take when pursuing a personal injury lawsuit, and what mistakes should they avoid?
How people protect themselves
There are several key ways for people pursuing personal injury litigation to protect themselves and strengthen their legal case. The first is through securing legal representation. A lawyer can help an injured person verify that they have a viable claim.
An attorney can also help people determine how much compensation to seek. Calculating estimated damages can be difficult for those with no experience. Talking to an attorney promptly is important, as there is a two-year statute of limitations. If people don’t take legal action shortly after sustaining injuries, they may not be able to sue later.
Finally, it is of the utmost importance that those seeking compensation for injuries obtain appropriate medical care and follow medical instructions. Otherwise, their failure to seek treatment or comply with medical recommendations could raise questions about whether the plaintiff has partial responsibility for their ongoing symptoms.
What people should avoid doing
The first mistake to avoid in a personal injury litigation scenario is issuing an apology or otherwise admitting fault. Seemingly minor statements can complicate compensation claims.
Agreeing to provide a recorded statement to the insurance party of the defendant in the lawsuit can also be a mistake. Insurance professionals can easily lead people into making statements that may undermine their right to compensation.
Posting on social media is another common error. People enjoy sharing unusual and dramatic stories. However, any information related to a pending lawsuit could potentially end up affecting the case later. People usually need to avoid sharing information about their injuries or their legal proceedings on social media.
Finally, those dealing with lost wages and major medical expenses should avoid the common mistake of settling too early and for too little. Insurance companies and lawyers representing defendants in lawsuits often push for rapid settlements. Once the injured party accepts the settlement, they may not be able to request any more compensation.
There may be other important steps to take and mistakes to avoid depending on the unique circumstances leading to a personal injury lawsuit. An attorney assisting with an injury claim can provide guidance to the injured party about how to protect themselves and optimize their chances of a full financial recovery.