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10/19/2023

6 Common Mistakes to Avoid During Your Personal Injury Case

- The Pollard Firm, APC

Protect Your Interests with These Tips

The burden of proof in a personal injury case lies with the plantiff, or the person filing the claim. Not only must you prove that the defendant was negligent in causing your injury, you also must prove that your injuries are as severe as you say. Everything you say and do will be examined and can be taken out of context to be used against you in the pursuit of your lawsuit. 

The biggest mistake is not hiring an attorney right away to protect your interests. An attorney will best be able to guide you in how to conduct yourself during your personal injury case. We have been working cases like yours for 13 years. Contact us today to get a free review of your caes. In the meantime, here are a few more things to avoid.

1. Sharing Social Activities and Vacations on Social Media

At The Pollard Firm, we understand that you don’t want to put your life on hold due to your injuries. However, posting about your social activities or vacations on your social media could harm your case. Even if you are following doctors orders, these pictures and statements could be taken out of context and used against you.

It is best to avoid posting on social media while you have an ongoing personal injury case. You can be sure that the defense will be combing through your social media accounts for any evidence that they can use to defend their client.

2. Talking About the Case Idly

You shouldn’t talk about your personal injury case, especially on social media. What might seem an innocent update for friends and family could harm your case in the long run. While talking to friends and family in person and in private could be safe enough, talking about the case idly in public is not.

There are many things that could be said idly that could be taken as an admission that you are to blame for your injury in whole or in part. You might also say something that could be taken to mean that your injuries are not limiting you as much as you have claimed. You never know who might be listening.

3. Failing to Get Appropriate Medical Care

Getting appropriate medical care as quickly as possible after your injury is paramount to winning your case. You need to be able to prove that your injury was caused by the accident. It is also important that the defense cannot claim that your injury is severe only because you delayed treatment.

If you run into roadblocks with getting medical care due to a referral process or insurance, that is not your fault. However, you should make every effort to see the right doctors as quickly as possible and make notes of your efforts. If you are not able to get into the right doctor right away, go to the emergency room or an urgent care center the same day as the accident.

4. Taking Too Long to File

You have a limited amount of time to file your personal injury case. There are some caveats, but as a general rule you have two years from the date of injury to file your claim. However, California Courts Self-Help points out that the time to file is reduced to one year from the date the injury is discovered if there is a delay in that discovery.

Although you have two years from the date of injury to file, it is best to file your personal injury lawsuit as quickly as possible. Like getting immediate medical treatment, filing promptly strengthens your case.

5. Trusting Insurance Companies to Be Fair

Always remember that the insurance company is not on your side. They represent the defendant and their own interests. They are likely to give you a low-ball offer the first time around. 

There are many out of pocket expenses that insurance settlements may not cover initially, including:

  • Ongoing prescription medications
  • Medical equipment
  • Cost of hotel stays if your treatment requires you to stay out of town
  • Rental car expenses for out of town doctors
  • Parking fees or transportation expenses

In addition, you could have ongoing lost income due to your injuries. You may not even understand the full scope of the financial impact of your injury. It is best to allow an attorney to help you calculate your total losses and ensure you are compensated fairly.

6. Accepting a Settlement Without an Attorney

According to The Law Dictionary, 19 out of 20 personal injury cases end in settlement. That doesn’t mean you should accept the first offer from an insurance company or defendant. You can be sure that the initial offer is not the best that they can do, and it may not cover all of your financial losses. 

At The Pollard Firm, we will review your case and the settlement offer to ensure that it is fair. If we think the insurance company or defendant can do better, we will let you know and discuss taking on your case. As soon as you are given a settlement offer, you should contact an attorney for assistance.

Let The Pollard Firm Review Your Case

It is in your best interests to contact an attorney as soon as possible after your injury if you feel you have a personal injury claim. Having an attorney on your side allows you to get advice backed by experience to avoid these and other common mistakes during personal injury cases.

If you would like a free review of your personal injury case, contact us today for a free consultation.

Protect Your Interests with These Tips

The burden of proof in a personal injury case lies with the plantiff, or the person filing the claim. Not only must you prove that the defendant was negligent in causing your injury, you also must prove that your injuries are as severe as you say. Everything you say and do will be examined and can be taken out of context to be used against you in the pursuit of your lawsuit. 

The biggest mistake is not hiring an attorney right away to protect your interests. An attorney will best be able to guide you in how to conduct yourself during your personal injury case. We have been working cases like yours for 13 years. Contact us today to get a free review of your caes. In the meantime, here are a few more things to avoid.

1. Sharing Social Activities and Vacations on Social Media

At The Pollard Firm, we understand that you don’t want to put your life on hold due to your injuries. However, posting about your social activities or vacations on your social media could harm your case. Even if you are following doctors orders, these pictures and statements could be taken out of context and used against you.

It is best to avoid posting on social media while you have an ongoing personal injury case. You can be sure that the defense will be combing through your social media accounts for any evidence that they can use to defend their client.

2. Talking About the Case Idly

You shouldn’t talk about your personal injury case, especially on social media. What might seem an innocent update for friends and family could harm your case in the long run. While talking to friends and family in person and in private could be safe enough, talking about the case idly in public is not.

There are many things that could be said idly that could be taken as an admission that you are to blame for your injury in whole or in part. You might also say something that could be taken to mean that your injuries are not limiting you as much as you have claimed. You never know who might be listening.

3. Failing to Get Appropriate Medical Care

Getting appropriate medical care as quickly as possible after your injury is paramount to winning your case. You need to be able to prove that your injury was caused by the accident. It is also important that the defense cannot claim that your injury is severe only because you delayed treatment.

If you run into roadblocks with getting medical care due to a referral process or insurance, that is not your fault. However, you should make every effort to see the right doctors as quickly as possible and make notes of your efforts. If you are not able to get into the right doctor right away, go to the emergency room or an urgent care center the same day as the accident.

4. Taking Too Long to File

You have a limited amount of time to file your personal injury case. There are some caveats, but as a general rule you have two years from the date of injury to file your claim. However, California Courts Self-Help points out that the time to file is reduced to one year from the date the injury is discovered if there is a delay in that discovery.

Although you have two years from the date of injury to file, it is best to file your personal injury lawsuit as quickly as possible. Like getting immediate medical treatment, filing promptly strengthens your case.

5. Trusting Insurance Companies to Be Fair

Always remember that the insurance company is not on your side. They represent the defendant and their own interests. They are likely to give you a low-ball offer the first time around. 

There are many out of pocket expenses that insurance settlements may not cover initially, including:

  • Ongoing prescription medications
  • Medical equipment
  • Cost of hotel stays if your treatment requires you to stay out of town
  • Rental car expenses for out of town doctors
  • Parking fees or transportation expenses

In addition, you could have ongoing lost income due to your injuries. You may not even understand the full scope of the financial impact of your injury. It is best to allow an attorney to help you calculate your total losses and ensure you are compensated fairly.

6. Accepting a Settlement Without an Attorney

According to The Law Dictionary, 19 out of 20 personal injury cases end in settlement. That doesn’t mean you should accept the first offer from an insurance company or defendant. You can be sure that the initial offer is not the best that they can do, and it may not cover all of your financial losses. 

At The Pollard Firm, we will review your case and the settlement offer to ensure that it is fair. If we think the insurance company or defendant can do better, we will let you know and discuss taking on your case. As soon as you are given a settlement offer, you should contact an attorney for assistance.

Let The Pollard Firm Review Your Case

It is in your best interests to contact an attorney as soon as possible after your injury if you feel you have a personal injury claim. Having an attorney on your side allows you to get advice backed by experience to avoid these and other common mistakes during personal injury cases.

If you would like a free review of your personal injury case, contact us today for a free consultation.

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