Mistakes that Can Jeopardize your Personal Injury Case

By: Teal Montgomery Henderson
Submitted: 2009-06-30 13:21:18
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Often a victim of an accident who has sustained injuries makes a mistake that can have damaging effects and even jeopardizes their case. These mistakes can be avoided if a personal injury victim is properly educated on a few guidelines. Although the claims process can be quite complex and confusing a times, if you are an accident victim you do not want to make one mistake that could cost you the compensation you deserve. Here are the five most common mistakes that can potentially jeopardize your case:

• Not obtaining medical help promptly
• Not following orders given to you by your doctor
• Waiting to seek advice of an attorney
• Lying to your attorney or excluding important details
• Settling without an attorney

Not seeking medical help the moment your accident has occurred can endanger your claim and compensation. Even if you believe your injury to be minor you should still see a doctor as soon as you can. Not only can this help prevent a small injury turning into a larger one, but it will also provide you with medical records of your injury which will help you prove your injury claim.

It is also important to follow all orders given to you by your doctor so that the injury does not worsen, and so that the individual responsible for causing your injury cannot claim that you made your injuries worse than they would otherwise have been. Failing to do this can significantly reduce the amount of money you are entitled to recover for your injuries.

You should never wait to seek advice of an attorney. The insurance company for the person who caused your injury has very experienced people working against you to minimize your recovery. Dealing with the insurance company by yourself is a guaranteed way to lose significant compensation to which you are entitled. Further, in California you have only two years from the date of your accident to file a lawsuit. While this may seem like a long time, many people get tied up with the insurance company trying to negotiate their claim, fail to preserve and collect necessary evidence to prove their case, and do not get the proper medical care they need. Then, they find that they have run out of time to get their claim resolved. Waiting to seek guidance from a lawyer will lessen the value of your claim, and could potentially result in you missing the deadline to file a lawsuit, after which your claim will become worthless.

When you do seek the advice of an attorney, you must tell the full truth. Lying to your attorney, or leaving out important facts such as prior medical conditions or injuries you had before the accident, can significantly harm your case. If your lawyer has incorrect information, he cannot prepare your case properly, will not be ready to address arguments made by the insurance company, and cannot gather the necessary evidence to refute these arguments. Further, if your case goes to trial, deceptive answers to questions under oath can cause you to lose your case entirely, even if the accident was not your fault. Always be truthful with your attorney and disclose all information you have regarding your case so that your attorney can successfully prove your claim.

Settling without an attorney will almost certainly result in less money. If you are not educated in personal injury litigation, then you should consult with an attorney before you go forward with your claim. Your attorney will be able to answer any questions you have regarding your case and prevent you from jeopardizing your case. Article provided by the Sacramento and Santa Rosa accident attorneys at Teal Montgomery & Henderson.

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