Have you been injured due to someone else’s negligence? Are you in the process of filing a lawsuit against that person?
If so, there are several things you ought to keep in mind when pursuing your lawsuit. Personal injury lawsuits can be tumultuous and frustrating, especially when you’re also trying to heal.
But don’t allow either your frustration or physical discomfort to govern your decisions. Many careless or thoughtless actions can so easily diminish your odds of winning the case.
1. Not seeking prompt medical treatment
Insurance companies pay attention to when people seek medical treatment. The longer you wait to get care, the more you’ll hurt your legal position.
If you wait a month to see a doctor, for example, it will appear as if you weren’t seriously injured. If you’ve been hurt in a vehicle collision, for example, do not hesitate to head to the emergency room as quickly as possible.
If your injuries aren’t severe enough to warrant immediate treatment and you don’t want to wait for hours, an alternative would be to go to an urgent care clinic. You probably won’t need an appointment, and urgent care is generally less expensive than a visit to an ER.
If you haven’t yet sought medical treatment, don’t wait any longer. See a doctor immediately and start establishing a paper trail about your injury. If there’s a reason you couldn’t seek medical treatment sooner, be sure to document that reason in your notes, because it will undoubtedly surface in court if the case develops that far.
2. Pursuing your lawsuit while appearing pro se
Nothing will tank your chances of winning a personal injury lawsuit more surely than self-representation. Although some people have been able to win while representing themselves, it’s not the normal practice.
The main challenge is that personal injury lawsuits can be complicated, and unless you have experience, you’re likely to get sideswiped by the insurance company. For example, it’s easy to document your medical bills without a lawyer when you have the receipts, but it’s more difficult to prove other damages when you appear pro se.
Even if you make it through the court hearings, an even bigger obstacle will be the settlement negotiations. Without a lawyer, you’ll have to negotiate a settlement amount with the insurance company.
If you don’t have experience in such matters, you won’t know how much to demand, and the odds are you’ll settle for less than your case could be worth. Thus, if you represent yourself, you may cheat yourself out of appropriate compensation.
In contrast, an experienced personal injury attorney will fight for the maximum amount of compensation you can possibly get.
3. Getting revenge
When you believe you’ve been wronged by someone, it’s tempting to seek revenge. However, if you have a pending lawsuit, going after revenge can destroy your case.
Instead of trying to “get even,” it’s wiser to ignore the person you think is responsible for your injury and focus on the case itself. Put all of your energy and effort into documenting the incident and talking with your lawyer about the rest.
Keep your focus on a fruitful outcome. Getting revenge might feel good for a moment or two, but it will hurt your personal injury case.
4. Skipping doctors’ appointments
In addition to seeking medical care in the first place, it’s crucial not to skip any of your scheduled appointments. If you can’t make one, be sure to reschedule.
Skipping doctors’ appointments will look bad for your case. If you do that, this will support the insurance company because it will surely argue that you must not have really been that injured.
5. Sharing unverified information with your doctor
Anything you say to your doctor will be brought up in court. Don’t share anything you can’t verify.
If you tell your doctor you were hit by a car going 50 mph, for example, that will be recorded. If it turns out the accident more likely occurred at speeds between 15 and 20 mph, the discrepancy will give the insurance company reason to question your credibility.
6. Exaggerating your injury
When you’re injured, you don’t have to exaggerate your injury to be taken seriously and win the case. Document the impact the injury has had on your life, and skip the impulse to embellish.
Does your injury prevent you from living a happy and fulfilled life? Are you unable to take part in any activities that once brought you joy? Did your injury curtail your career?
Whatever the case may be, don’t presume you have to go over the top to be taken seriously. Exaggerating can make your case appear fraudulent. If you’re truly injured, a good lawyer will help you prove it to the court.
Want to win your personal injury lawsuit? Get representation
No matter how many movies depict pro se plaintiffs winning the case, don’t count on that happening for you. Seek legal counsel for your personal injury case if you want the best shot at getting the compensation you deserve.
