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MISTAKES TO AVOID IN ORDER TO WIN YOUR PERSONAL INJURY CASE

Posted by Joseph Lavelle | Aug 01, 2022 | 0 Comments

Whether, and how much, you will be awarded in compensation for your personal injury case is determined by various elements. It is highly important to avoid the following mistakes in order to get the appropriate compensation because the insurance companies look for any reason and search for minute details to diminish or reject the claim. 

Never forget to call the police

Even if there was only a minor bump and injuries, it is advisable to always call the cops. If the injuries received during the accident worsen over time, an official police statement and incident report are critical to claim compensation in personal injury cases.

Never delay the treatment or refuse medical help after the accident

The most common mistake made in the personal injury cases is failing to seek immediate medical treatment after the accident has occurred. This is especially crucial because symptoms can take a long time to appear.  If you do not seek immediate treatment to record the injuries received, the insurance comapny on the other side will contend that the injury or ailment is not caused due to the accident.

Never exaggerate or make up injuries

Doing so can negatively affect the case and possibly reduce the compensation amount claimed in a personal injury case. 

Never give any official or recorded statement to your insurance company in the absence of your attorney 

You should never give official or recorded statements to insurance companies when your attorney is not involved because these companies always look for loopholes in your statement which further helps in diminishing the claimed amount. 

Never lie to your doctor about the injuries

This could be the worst situation in a personal injury case because if the defendant's or the insurance company discovers that you lied about your injuries, officials will start to question all of your claims and look for methods to dismiss the case.

Never ignore legal advice

Pursuing your injury claim on your own can be  one of the worst worst mistakes one can make. Your lawyer will appropriately represent you before the court and defend you against insurance companies that may try to take an undue advantage.

Failing to file the claims within stipulated time frame

It's critical to remember the statute of limitations when filing a personal injury claim. Filing your claim after stipulated time may deprive you from getting the compensation.  Typically, in California the time to either settle your claim or file a lawsuit to protect your right is 2 years from the date of your injury.  there are certain exceptions so call us if you have any questions.

Failure to identify all potentially relevant parties 

Gathering the necessary information, obtaining the necessary evidence, and obtaining the necessary documents will all aid in holding the responsible parties accountable for your personal injuries.

Do not take the first settlement offer or settle too early

You may be tempted to take the money, but surrendering too early is not the right choice in personal injury cases. In some cases, it can take a while to establish whether certain injuries require surgery or extensive therapy. You want to get the fairest settlement that you can because once you settle the case, you can't come back a year or 2 later and ask for more.  Once you settle your claim that is forever.

Failing to precisely assess the loses

Insurance companies try to typically deny your claim altogether, or offer give you the lowest possible amount. As a result, it is advisable to speak with your lawyer, who will ensure that you precisely, fully and fairly quantify your damages.

Failing to provide your counsel with all relevant information

Failure to provide complete and accurate case information can prohibit your attorney from adequately preparing to address critical case issues.

CONCLUSION

Now you know many of the mistakes to avoid in winning your personal injury case. You can get my assistance for your case and we can answer all your questions. Please feel free to book a free consultation with me. 

About the Author

Joseph Lavelle

After practicing in the San Diego area for over 20 yeas, Joe founded Lavelle Law Group because he sensed a need for a small personal service law firm that truly cared about their clients. A decade later and he knows it was the right thing to do as LLG has helped so many people and businesses over the years. Joe has been married for 33 years to the same wonderful lady and they have 2 children.

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