The Eight Biggest Mistakes Injured Parties Make in Personal Injury Cases
Over our career as lawyers, we have seen injured people make some serious mistakes that have badly hurt their personal injury case.
While it would be impossible to compile a list of all of the mistakes, or to "scientifically" rank the biggest mistakes from top to bottom, the following are eight common and serious mistakes accident victims make that hurt their case.
1. Talking to the insurance representative before hiring a competent lawyer to represent you;
The insurance representatives are not there to help you. Their job is to save the company money. However, many times, the insurance rep will do a very good job pretending he is your friend and will try to convince you to hold off on hiring your own lawyer. This is almost always a trick.
2. Giving a recorded statement to the insurance company;
You should probably never give a recorded statement to the insurance company until you've talked to your own lawyer. Simply put, the insurance company will try to trick you into saying something that will hurt your case.
3. Not getting timely medical treatment;
Some people who are hurt try to "tough it out" and avoid doctor visits. This is perfectly normal and natural. However, the insurance company will use it against you by claiming that if you were really hurt, you would have gotten medical treatment sooner;
4. Not telling your doctors about your complete medical history;
Keep in mind that when you go to a doctor folliowing a serious accident, they will take a "history" and will write down just about everything you tell them. If you don't tell them about other medical issues that may or may not be related to your current injury, the insurance company will claim you were hiding things from your doctor and paint you as a liar.
5. Trying to negotiate your case on your own;
Insurance companies have experts who negotiate injury cases for a living. Unless you are one of these people, you will have nowhere near the experience to negotiate fairly with the insurance company.
You are, of course, free to try to negotiate your own case. But just know that you will probably get a significantly lower settlement if you do.
6. Being dishonest;
Everybody has "problems" and "issues" in their background, and people (like jurors) understand that. The insurance company and their lawyers will do everything they can to use those problems and issues against you.
If you try to cover them up, the insurance company will probably find out and will paint you a liar. If, on the other hand, you are honest, then most jurors will understand.
7. Hiring a lawyer because "a friend" recommended them;
If you choose to hire a lawyer, hire the best one you can find. And hire a lawyer with a proven track record in the kind of case you have. Not all lawyers know how to handle personal injury cases. You need to interview your lawyer and find out what they know about personal injury cases and what kind of success they have had in the past.
8. Telling the insurance representative how much you will take to settle your case;
This is a no-brainer. You should never tell an insurance company representative how much money you will take to settle your case because then they will nickel and dime you to death. They will probably never pay you that much money. And if they do, you know you did not properly evaluate your case.
While it would be impossible to compile a list of all of the mistakes, or to "scientifically" rank the biggest mistakes from top to bottom, the following are eight common and serious mistakes accident victims make that hurt their case.
1. Talking to the insurance representative before hiring a competent lawyer to represent you;
The insurance representatives are not there to help you. Their job is to save the company money. However, many times, the insurance rep will do a very good job pretending he is your friend and will try to convince you to hold off on hiring your own lawyer. This is almost always a trick.
2. Giving a recorded statement to the insurance company;
You should probably never give a recorded statement to the insurance company until you've talked to your own lawyer. Simply put, the insurance company will try to trick you into saying something that will hurt your case.
3. Not getting timely medical treatment;
Some people who are hurt try to "tough it out" and avoid doctor visits. This is perfectly normal and natural. However, the insurance company will use it against you by claiming that if you were really hurt, you would have gotten medical treatment sooner;
4. Not telling your doctors about your complete medical history;
Keep in mind that when you go to a doctor folliowing a serious accident, they will take a "history" and will write down just about everything you tell them. If you don't tell them about other medical issues that may or may not be related to your current injury, the insurance company will claim you were hiding things from your doctor and paint you as a liar.
5. Trying to negotiate your case on your own;
Insurance companies have experts who negotiate injury cases for a living. Unless you are one of these people, you will have nowhere near the experience to negotiate fairly with the insurance company.
You are, of course, free to try to negotiate your own case. But just know that you will probably get a significantly lower settlement if you do.
6. Being dishonest;
Everybody has "problems" and "issues" in their background, and people (like jurors) understand that. The insurance company and their lawyers will do everything they can to use those problems and issues against you.
If you try to cover them up, the insurance company will probably find out and will paint you a liar. If, on the other hand, you are honest, then most jurors will understand.
7. Hiring a lawyer because "a friend" recommended them;
If you choose to hire a lawyer, hire the best one you can find. And hire a lawyer with a proven track record in the kind of case you have. Not all lawyers know how to handle personal injury cases. You need to interview your lawyer and find out what they know about personal injury cases and what kind of success they have had in the past.
8. Telling the insurance representative how much you will take to settle your case;
This is a no-brainer. You should never tell an insurance company representative how much money you will take to settle your case because then they will nickel and dime you to death. They will probably never pay you that much money. And if they do, you know you did not properly evaluate your case.
