You thought it was an open-and-shut case. You were there; you saw it with your own eyes, and the defendant was to blame. You believed their actions were negligent, and they were responsible for the events that ensued, the events that led to you getting injured. But unfortunately, things played out differently when you filed the case, you lost. Now you’re left scratching your head, wondering, “What did I do wrong?” This blog details some mistakes that plaintiffs, even those with clear-cut cases, make. These mistakes can jeopardize your lawsuit, sometimes taking you back to square one with injuries and no compensation to cover your losses. Keep reading.
Table of Contents
You Never Worked With an Attorney
“Filing personal injury cases and pursuing them is more complex than you think. Even when you think your case is a slam dunk, it’s still important to have a lawyer look over the details and provide counsel,” says personal injury attorney Michael Ponce of Ponce Law Tennessee Car & Truck Injury Attorneys. Personal injury law is inherently complex; a lawyer can work out the kinks and determine which regulations will take precedence when seeking compensation. So, unless you went to law school, it’s ideal to leave the case to the professionals.
Your Statements Were Contradictory
There’s a reason silence is always the best option when it comes to certain aspects of your case. If you’re not sure of what happened, then it’s best not to share too much. Many plaintiffs make the mistake of thinking they have to answer every single question they are asked. While it’s easy to see why, it doesn’t do anything to help your case. The more statements you make, the higher the chances of contradicting yourself, which can impact the credibility of your suit, sometimes even causing it to be thrown out altogether.
You Took Too Long to Initiate the Suit
Let’s face it: filing a lawsuit is probably the last thing on your mind when you’re in pain, recovering from the accident. But as you may well know, personal injury lawsuits are subject to a statute of limitations, which varies from state to state. In Tennessee, you have one year from the date of the incident to file a lawsuit, a short time if you think about it. However, this deadline is not set in stone. That’s why you should contact an attorney immediately; they will explain how the law applies to your situation and start the paperwork as you focus on recovery.
You Took Too Long to Get Treated
The general rule of thumb is to get yourself checked out, even when you don’t have any visible injuries. Your doctor will do a comprehensive checkup for any internal injuries. They also schedule a follow-up appointment for injuries that may be delayed becoming apparent. Failure to see your doctor immediately will allow opposing counsel to dispute the source of your injuries. They may even argue that if your injuries were that severe, then you would have sought immediate medical treatment, like everyone else. Don’t make this mistake; see your doctor immediately after the accident.
You Talked To Insurance Adjusters in the Absence of Your Attorney
Insurance companies are businesses that must turn a profit. And paying out claims to victims doesn’t help them achieve that goal. For this reason, you must understand that insurance adjusters are never on your side. They may act like so, but this is not the case. You should never be in the same room as them in the absence of your attorney because they may attempt to get you to self-incriminate or use other underhanded tactics to undermine your claim.
Conclusion
So there you have it, a few reasons why most personal injury cases fall through. To avoid making these mistakes, it’s ideal to hire a lawyer as soon as possible. A lawyer has probably seen these errors before and will see to it that you don’t make them.
