Mistakes That Should Never Be Made When Filing a Personal Injury Case

If you’ve been injured, the last thing you want to deal with is filing a personal injury case. However, if you’ve been injured due to someone else’s negligence, it’s important to take action. Not only can a personal injury lawsuit help you get the compensation you deserve, but it can also help send a message to the person who caused your injury that their actions have consequences. 

However, if you’re not careful, several mistakes can be made when filing a personal injury case in Charleston. Below are some of the most common mistakes people make when seeking justice after an accident. 

 When Filing a Personal Injury Case

Not Hiring a Personal Injury Attorney

One of the biggest mistakes that can be made when filing a personal injury case is not hiring an experienced attorney. Many people try to go through the process on their own. They think they will save money by not paying for legal representation. However, what most people don’t realize is that insurance companies have teams of adjusters and lawyers whose sole job is to minimize the amount of money they have to pay out on claims. 

An experienced personal injury attorney levels the playing field. Makesure you have someone in your corner who knows how to deal with insurance companies and get you the full compensation you deserve. And an expert personal injury lawyer in Charleston can also help investigate the accident, identify all possible defendants, and gather evidence to support your claim. They will also be familiar with the local court system and procedures, which can be helpful if your case needs to go to trial.

Failing to Gather Evidence

If you wait too long to gather evidence, it may be lost or destroyed. For example, if there was a defective product involved in your accident. It’s important to take pictures of the product and get it tested as soon as possible. The same is true for any injuries you sustained. It’s also important to get medical treatment right away. You have to keep all records of your treatment, including doctor’s notes, test results, and receipts for any medication or other treatments you had to undergo. 

If there are any eyewitnesses to your accident, be sure to get their contact information. So they can be located if their testimony is needed. And if there are any security cameras in the area, be sure to get copies of the footage as soon as possible. The sooner you gather this evidence, the better chance you have of winning your case. 

Additionally, you need to keep accurate records. This includes keeping track of all medical expenses, lost wages, and other damages you incurred as a result of the accident. This information will be crucial in calculating the amount of compensation you’re entitled to. 

Making Recorded Statements 

One mistake that many people make is giving a recorded statement to the insurance company without first consulting with an attorney. It’s important to understand that anything you say can and will be used against you in court. The insurance adjuster may try to trick you into saying something that can be used to reduce or deny your claim. 

That’s why it’s important to have an attorney with you when giving a recorded statement. Your attorney can ensure that the questions are relevant and that you don’t accidentally say something that could be used against you. 

Remember, the insurance company’s goal is to minimize the amount of money they have to pay out, so their first offer is usually far less than what you’re entitled to. 

An experienced personal injury attorney will know how to negotiate with the insurance company to get you the full amount of compensation you deserve. Don’t accept the first offer without first consulting with an attorney.

Failing to Meet Deadlines 

There are strict deadlines for filing personal injury lawsuits in Charleston. If you miss a deadline, your case will likely be dismissed. And you’ll lose your chance to get the compensation you deserve. For instance, the statute of limitations for most personal injury cases in Charleston is three years. That means you have three years from the date of your accident to file a lawsuit. If you don’t, your case will likely be dismissed. 

There are also deadlines for filing certain types of evidence, such as medical records and police reports. Be sure to consult with an attorney to find out what deadlines apply to your case.

Filing a Claim Without Knowing the Value of Your Case 

Another mistake that people make is filing a personal injury claim without first knowing how much their case is worth. If you don’t know the value of your case, you could end up settling for far less than you deserve. 

To get an idea of how much your case is worth, you need to calculate your damages. This includes things like medical expenses, lost wages, and pain and suffering. Once you have an idea of your damages, you can start negotiating with the insurance company for a fair settlement. 

If you’re not sure how to calculate the value of your case, again, an experienced personal injury attorney can help.

There Are Other Liable Parties 

In some cases, there may be more than one liable party. For instance, if you were injured in a car accident, the other driver may not be the only one at fault. If the accident was caused by a defective part of your car, the manufacturer may also be held liable. 

On the other hand, if you were injured at work, your employer may not be the only one at fault. If the accident was caused by a defective product, the manufacturer may also be held liable. 

It’s important to identify all of the liable parties, so you can get the full amount of compensation you deserve. Of course, this can be a complicated process, so it’s best to leave it to an experienced personal injury attorney.

 When Filing a Personal Injury Case

If you’ve been injured in an accident, there are several mistakes that you should never make. These include failing to meet deadlines. And giving a recorded statement to the insurance company, and filing a claim without knowing the value of your case. An experienced personal injury attorney can help you avoid these mistakes and get the full amount of compensation you deserve.

by Abdullah Sam
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