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Pitfalls to Avoid when Filing a Personal Injury Lawsuit

Feb 15, 2016 | Personal Injury, Personal Injury FAQs

In the United States, personal injury lawsuits make up a large percentage of civil litigations. The torts claims acts cover these claims. The most common personal injury cases include traffic accidents, medical malpractice, construction accidents, defective products, and dog bites.

Four to five percent of personal injury cases in the country go to trial while 95 to 96 percent are settled out of court

Four to five percent of personal injury cases in the country go to trial while 95 to 96 percent are settled out of court. It is only logical.

According to the US Department of Justice, Bureau of Justice Statistics, in 2005, there were 26,928 contracts, real estate and tort trials; 60 percent of these trials were related to some form of personal injury. Four to five percent of personal injury cases in the country go to trial while 95 to 96 percent are settled out of court.

There are certain mistakes that people make when they have a personal injury case. These mistakes can cause them the damages that they seek and legally entitled to. Here is a look at 5 pitfalls that personal injury victims need to avoid to help them with their claim:

  • Signing or giving a recorded statement without a lawyer – One of the biggest mistakes that people who are involved in personal injury cases make is assuming that insurance companies have their best interest. Many times, insurance companies will require you to make a recorded statement regarding the facts of the case. Make sure that you do not provide this statement without seeking legal counsel from an experienced personal injury lawyer first. When dealing with insurers, it is always best to have a lawyer present. This way, you make sure that your rights are 100% protected. Also, your attorney will take over the communication between you and the insurers so you do not forfeit your rights.
  • Not reporting and treating injuries – If an accident takes place, the first thing you should do is call the police. This way, the incident will be formally investigated and a report, which you will need for your claim, will be made. The report will have details of the accident and your injuries. Also, seek medical attention so that your injuries are documented in a medical report. Lastly, make sure that you get the details of witnesses and get written statements as well. Witness testimonies can change over time, so it is best to get as much information as possible at the very start.
  • Mishandling communication with an insurance adjuster – Although they may seem friendly, insurance adjusters likely have the job of gathering information that will be used against you later. It is best to be formal and polite with them. You should avoid talking about “how” the accident occurred and stick to who, where, what and when instead. Do not provide any information that does not pertain to the incident and do not provide them the names of your medical providers or doctors, or any information regarding your injuries. Always be cautious when dealing with insurance adjusters and remember, remain as general as possible when you are describing the accident.
  • Discussing the case – You will find that many people want to talk to you about your case, from insurance adjusters to other attorneys. Remember never to talk about your case with anyone other than your lawyer and medical team. You also need to be careful about posts on social media as insurance adjusters will check every part of your life to find information to use against you in the future. Focus instead on preserving important evidence in your case.

The Best Law Firm in the City

If you or someone you know has been in an accident in New York, you should get legal representation from a law firm like the Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212 697 9280.

We at RMFW Law know how to win cases. We have been doing it for years and years and have won millions and millions of dollars for past clients. You too can be on this marvelous list. Give us a call at 212 697 9280. We are not paid until you are paid! Let us hear about your case.