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5 Big Mistakes to Avoid in Your Personal Injury Case

After you are injured in an accident, it’s easy to slip up and make a mistake that damages your personal injury case. Here are 5 big mistakes to avoid.

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1. Fail to get medical care

If you don’t go to the doctor or hospital after your accident, people will think you’re not really injured. In your case, you will need to prove that your injury is a direct result of the accident. If you wait a few days to seek medical care, the defendant will argue that your injury must’ve occurred somewhere else.

2. Fail to collect documentation on the accident/injuries

Take photos, get medical records, and keep track of all of the pain and issues you experience after the accident. This evidence is critical to the success of your case.

3. Provide a statement to an insurance company without your attorney

The insurance company will try to trick you into making a statement that limits your damages and is against your own interests. Just say, “I am uncomfortable giving a statement without representation.”

4. Stop medical treatment early

If you stop receiving treatment against your doctor’s advice, then the defendant will argue that you’re not as injured as you claim. Don’t skip any doctor’s appointments and continuing receiving treatment until you’re discharged.

5. Settle before you reach MMI (maximum medical improvement)

Don’t settle until you know the long-term outcome of your injury. Insurance companies try to get you to settle before you are aware of the full extent of your injuries. It might take you months to feel the brunt of any neck or back injuries, so take the time to receive full treatment before you settle on a dollar amount.

For more information like this, you can read the #1 Amazon Bestseller “Plaintiff 101” by clicking here.

 

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What Happens If I File a Personal Injury Lawsuit?

According to the American Bar Association, if you file a personal injury lawsuit, you become the plaintiff in the case. The person who injured you becomes the defendant.

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Lawyers for each side (and for the insurer) will then begin gathering facts about the case. They’ll do this through a process called discovery, which involves the following:

  • The exchange of documents
  • Written questions (interrogatories)
  • Depositions (questions that are asked in person and answered under oath)

After discovery, most cases get settled before trial. Only a very small percentage of personal injury cases ever go to trial.

For more information like this, you can read the #1 Amazon Bestseller “Plaintiff 101” by clicking here.

 

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3 Reasons Why a Personal Injury Lawyer Won’t Take a Case

Just as you may decide that a lawyer isn’t a good fit for you, there are several reasons why a personal injury lawyer won’t take a case.

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1. The accident doesn’t qualify as a personal injury.

A personal injury is an injury to your body that occurs as a result of an accident that was someone’s fault—either by intent or negligence. Proving fault or negligence is essential to a personal injury case.

2. The injury wasn’t serious.

The accident isn’t going to bring about any compensation unless the injury has a financial or emotional impact on your life. If you don’t have a real injury, then the lawyer will decline to represent you.

3. Your case has too much exposure.

The lawyer may refuse your case if you have shared any admission of fault, negotiated with the insurance company, or posted details of your accident on social media. If you have done things after the accident that have harmed your credibility or hurt your case, then the lawyer may not take your case.

For more information like this, you can read the #1 Amazon Bestseller “Plaintiff 101” by clicking here.

 

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4 Small Things on Social Media That Can Harm Your Personal Injury Case

It’s natural to want to share details about your life with your friends and family members. On social media, people tend to share positive details in their posts and interactions. If the defense presents these positive posts in court, the judge may believe that you’re not suffering as much as you claim. Here are 4 little things on social media that could potentially harm your case.

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1. Posting Your Location

Avoid checking in to locations and events that minimize your injuries. This includes amusement parks, water parks, and anything remotely active.

2. Bragging About Achievements

If your claim is that you’re unable to do simple things, then posts about winning at trivia night or playing in beach volleyball tournaments might invalidate your claim.

3. Fake Friend Requests

Insurance companies often create fake profiles with the hope that you will provide them with access to your entire profile. If you aren’t 100% certain about a friend request, don’t accept it while your personal injury claim is ongoing.

4. Posting Photos and Videos

Avoid sharing any photos or videos of you playing sports or being active. Be aware that any photo or video you post could end up being used against you in your personal injury case.

For more information like this, you can read the #1 Amazon Bestseller “Plaintiff 101” by clicking here.

 

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Will Mediation Work for My Personal Injury Case?

Settling out of court (through a process called mediation) is an option for resolving some personal injury cases.

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What is Mediation?

Mediation allows parties in a lawsuit to come together and try to reach a resolution that both sides can accept. If the mediation session is successful, the parties can decide the outcome of the case rather than a judge.

How Does Mediation Work?

You can either agree with the other side to try mediation or the court might order you to participate in the process. The courts usually let you pick your own mediator. Next, you work with the mediator and opposing side to choose a date and location for the mediation to take place.

What is the Mediation Process?

First, the mediator will set down the ground rules. Both sides will probably have to sign a confidentiality agreement. Then, the mediator will give both sides time to talk without interruption.

In personal injury cases, it’s helpful to stay in the same room for the defendant’s account of the accident if there are a lot of technical issues or calculations in the case.

What Types of Cases Use Mediation?

Mediation is common in personal injury cases. Mediation lets parties reach a resolution much faster than they would waiting for a trial. The process also allows them to create a resolution that is more flexible than one the court might order.

For more information like this, you can read the #1 Amazon Bestseller “Plaintiff 101” by clicking here.

 

 

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What is the Process of Filing a Claim?

If you’ve been the victim of a personal injury and are seeking compensation, then your next step is filing a claim.

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Claim File Process:

  • First, the claim will be filed with the defendant’s insurance company. This should happen before the lawsuit is filed.
    • For most accidents, your personal injury attorney will find the individual/company at fault and start the claim with their insurance provider.
    • For slip-and-fall injuries, the premises where the injury occurred will be liable for the insurance claim.
    • For medical malpractice cases, your attorney will start the claim with the hospital’s insurance carrier.
  • Next, a claims adjuster will be assigned to investigate the case and negotiate a settlement. If there is no insurance company involved, your attorney can send a demand letter to the at-fault party for the settlement needed for the injuries they caused you.
    • This demand letter would include the theory of the liability, your injuries according to the medical records, and the amount that you are demanding for the compensation.
  • After sending the demand letter, an offer will be made. Before you accept the initial settlement money, discuss the pros and cons of accepting the offer with your attorney.
  • Sometimes, your attorney will make a counter-offer to negotiate for a higher settlement amount.

For more information like this, you can read the #1 Amazon Bestseller “Plaintiff 101” by clicking here.

 

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The Elements of a Good Personal Injury Lawsuit

An experienced personal injury attorney needs to prove three key elements during the trial or settlement proceedings. If any of the following three items are missing from the case, the results may not be favorable for the plaintiff.

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1. Liability for Injury

Liability is an action committed by the defendant that the law recognizes as wrong. Proving that someone was liable for your injury is very difficult in a court of law. Examples of liability include running a stop sign, not yielding to oncoming traffic, or even manufacturing a product that is defective.

2. Damage or Injury Requirement

Another item needed to build a strong case is damages. Examples of damages are the following:

  • Medical expenses
  • Lost wages
  • Physical pain
  • Mental Anguish
  • Disfigurement
  • Physical impairment
  • Loss of consortium
  • Loss of household services
  • Wrongful death

3. Collectability

Collectability is when the defendant in a case must make good on their judgment, which is a piece of paper that is awarded to a plaintiff that says someone owes the plaintiff money for their damages. Sometimes, a plaintiff will not be able to collect on their judgment because the defendant in the case does not have enough money to pay the judgment or does not have the insurance that would normally cover a judgment.

For more information like this, you can read the #1 Amazon Bestseller “Plaintiff 101” by clicking here.

 

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