Everybody makes mistakes, but you do not want your mistakes to get in the way of your personal injury case. The steps you take today could lead to your case coming to an end without a settlement or hearing, which leaves you out in the cold.
Want to make the best decisions for your case? Read this guide to avoid some personal injury case mistakes.
Every state has a statute of limitations after which you may no longer file a personal injury claim against another person. Of course, you have reason to delay the filing of a claim if you are recovering from intense injuries or in a rehabilitation facility to relearn skills.
The statute of limitations in Indiana is two years following an injury. As a result, you have two years after you discover an injury caused by an accident to file a lawsuit. If you fail to file in time, the judge could throw out your entire case.
Your best bet is to file a personal injury claim as soon as possible. In filing early, you avoid losing evidence or forgetting the details of your case.
One of the first things you must do after a personal injury accident is seek medical treatment. Additionally, you must ask your doctor to document the injuries related to the incident. You need a record of the costs associated with the procedures you undergo as a result of those injuries too.
It is not enough to simply receive medical treatment. You must also follow your doctor's orders after you leave the office. For example, the doctor may tell you to stay off your right leg for a while. If somebody posts photos of you hitting the slopes on a snowboard a few weeks later, the photo may be used to show that your injuries were not as serious as you claimed.
If you fail to disclose pre-existing conditions or disabilities to your doctor, you may face some problems in court. If some of your conditions are found to have already existed in an independent medical exam, you may face consequences.
If the judge believes you already had prior injuries and pre-existing conditions, he or she may reduce the compensation you are eligible to receive.
Many people accept a settlement right away, perhaps because they do not want to draw out the process any longer. Many people like the ease of a settlement, but in many cases the figure the victim is offered is much less than what they deserve. It may take into account your healthcare costs, but it may not take into account property damage, pain and suffering, or future medical concerns.
Whether an insurance company or an individual's personal injury attorney offers you a settlement, do not take it. Instead, consult with your own attorney first and direct all communication through your personal injury attorney. One of the worst mistakes you can make involves speaking with the defendant's insurance company after you have been injured. Anything you say can be used against you in court.
Many people make the mistake of trying to represent themselves. The role of your personal injury attorney is to make your life just a little bit easier. You can rely on legal counsel to make smart decisions for your case.
Wegner & Associatesunderstands the tasks ahead of you. We offer more than 40 years of experience in the field of personal injury law. Call our attorneys today to establish an appointment for your consultation.