When you are filing a personal injury claim, there are small mistakes you could make that could lead to your personal injury claim being dismissed. Even worse is that you may even be held responsible for the injuries of another party, such as after a fight, and you may end up losing a counter-claim. Here are some actions to avoid:
Signing without Understanding
Do not sign anything that you do not understand without receiving advice from a personal injury attorney. The document you sign might include an admission of fault that is carefully worded to be confusing. Alternatively, the document might be a general release document. The defendant's insurance company may make you a settlement offer, but the offer is likely to be small. You may be eager to sign the release form so that you can receive the settlement more quickly, but if it is later discovered that your medical bills were higher than you anticipated, you will find yourself unable to afford your mounting medical care. The employee who is responsible for negotiating settlements actually has a lot more leeway than you might think and the insurance provider may be willing to offer a much larger settlement.
Admitting Fault without Consulting with an Attorney
Never admit fault to anyone, because the testimony of a witness who recounts you admitting fault may later be used to cast doubt that the plaintiff was responsible for the accident. The testimony may even be used in a counter-claim against you to get compensation for the defendant, who also may have experienced injuries as a result of the incident. A common problem is when the complexity of the situation causes you to initially believe that you were responsible for the incident. However, after consulting with a personal injury attorney, you discover that you were actually the victim. When you admit fault, you will often only be able to seek a percentage of the damages you would have received since you will then be sharing liability.
Pursuing a Settlement without a Lawyer
Do not seek a settlement on your own. A settlement is a complex process, and if you make a mistake, you may be leaving a lot of money on the table. Without a legal background, it is almost impossible to determine if a settlement offer is a good one. Also, when there is a risk of losing your case, you may wish to accept a lower settlement offer. However, if the defendant is clearly at fault, there is little reason to accept a lower settlement offer out of fear of losing a case. Therefore, consulting with a personal injury attorney is essential.
Share11 November 2015
When I was injured in a slip and fall accident a few years ago, my family and friends had a hard time relating to the things I was going through. While some people thought that my decision to file a lawsuit was frivolous, others were under the impression that I would walk away as a millionaire. Their lack of personal experience with this type of legal problem left me feeling alone during one of the most difficult times in my life. That is why I decided to start this blog so that accident victims from all over would have somewhere to come to get the information and support that they need. I truly hope that this page can be that place for you.