While handling your own personal injury lawsuit is your right, there are plenty of things that can go wrong. Without extensive knowledge of the laws pertaining to your case, it can be difficult to navigate the legal system. In addition to the complexities involved, keep in mind that restoring your health after your accident should remain first priority.
A skilled personal injury lawyer can help bear the burden, fighting to secure the settlement you deserve. Here at Hoffman Law Firm, our accident lawyers are uniquely equipped to handle your case – and to avoid the pitfalls that can quickly derail your lawsuit. We have detailed some of these common mistakes below, along with tips for winning your personal injury lawsuit.
What Is A Personal Injury?
A personal injury results from the reckless, negligent or malicious action of another party. To be held liable, the responsible party must have caused harm – either a physical injury or emotional trauma.
What is a personal injury claim vs personal injury lawsuit?
A personal injury claim is filed with the at-fault party’s insurance company, serving as a demand for compensation. A personal injury lawsuit, on the other hand, describes the legal action taken against the at-fault party.
While many lawsuits are settled outside of court, the potential to go to trial distinguishes them from personal injury claims. Keep in mind that if the insurer refuses to make a fair settlement offer in response to your claim, you may file a personal injury lawsuit to get the compensation you deserve.
10 Reasons Most People Lose Their Personal Injury Lawsuit
REASON 1: Did not seek medical attention
Failing to seek proper medical care for your injuries can have devastating effects on your personal injury lawsuit. Waiting too long to see a doctor gives the insurance company the opportunity to claim that your injuries were not caused by the accident or not as severe as you claim.
REASON 2: Waited too long to file a claim
South Carolina has a three year statute of limitations for personal injury claims, meaning that you must file within this time period for your claim to be valid. It is best to contact your accident lawyer immediately in order to preserve evidence.
REASON 3: Spoke to the insurance company
The insurance company is not on your side. Any statement you give could be used against you in the future, making it incredibly important to let your personal injury lawyer handle all communication with the insurance company.
REASON 4: Failed to retain documentation
Failure to document your medical care could negatively impact your case. Be sure to retain all documentation related to your accident claim, including medical records, police reports and proof of lost wages.
REASON 5: Provided false or misleading information
Misrepresentation could result in your personal injury lawsuit being dismissed.
REASON 6: Did not provide expert testimony
Skilled personal injury lawyers often rely on expert witness testimony to strengthen cases like yours. Failure to do so could prove detrimental to your case.
REASON 7: Minimized extent of injuries
If you hold back information from your doctor or make your injury seem less severe than it is, the insurance company will likely offer a lower settlement.
REASON 8: Exaggerated injuries
Making your injuries seem more severe than they are can also negatively affect your personal injury lawsuit. By doing so, you make it appear that you are just looking for a payout instead of fair compensation for your injuries.
REASON 9: Shared details on social media
Anything you post on social media could be used against you. For instance, a photo of you smiling at an event could be used in a misguided attempt to show that you are not, in fact, as injured as you claim.
REASON 10: Hired the wrong attorney
It is crucial to seek trusted legal representation from a personal injury lawyer with experience handling cases like yours. Here at Hoffman Law Firm, our accident lawyers have decades of combined experience – and we are eager to put it to work for you!
5 Tips To Winning A Personal Injury Lawsuit
These helpful tips can help win your case and the compensation you deserve:
TIP 1: Seek medical treatment immediately.
See your doctor as soon as possible after your accident and receive the medical treatment you need. If you need a referral or believe that the care you received was inadequate, contact your personal injury lawyer.
TIP 2: Carefully preserve evidence.
Preserving evidence is a crucial part of building a strong legal claim. Take photos of the accident scene and be sure to retain all medical records, police reports and more. Your personal injury lawyer can help ensure that the necessary evidence is preserved, offering trusted legal advice each step of the way.
TIP 3: Do not delay in pursuing legal action.
While South Carolina’s state of limitations is three years, it is best to file an accident claim as soon as possible. This ensures evidence is preserved and will help to strengthen your case.
TIP 4: Stay off social media.
Even the most seemingly innocent social media post could have disastrous effects. For that reason, stay off of social media or avoid posting anything about your accident until your case has officially concluded.
TIP 5: Do not accept an unfair settlement.
With medical bills piling up, you may be tempted to accept the insurance company’s initial settlement – and they are counting on this. Our personal injury lawyers will negotiate for the compensation you deserve, refusing to settle for less than you are entitled to.
Want to Win Your Accident Case? Discover A Personal Injury Law Firm Near Me
Our team’s experience is second to none, earning us a reputation for results here in the Lowcountry. If you are seeking a trusted personal injury lawyer near me, our personal injury team will fight to recover the compensation you deserve.
Our personal injury law firm offers trusted legal advice in a wide variety of cases here in the Lowcountry, including:
Longshoreman & Maritime
Spinal Cord Injury
Nursing Home Abuse
Contact us today to schedule your free initial consultation!