The process involved in pursuing a personal injury case is rarely black and white. It goes much deeper than presenting evidence, injuries sustained, and insurance coverage.
People often enter into personal injury cases with big misconceptions regarding the process, and these issues can lead to lost claims or decreased settlement amounts. Below are various reasons why cases can become lost or jeopardized:
No Legal Representation
The personal injury claim process can be overwhelming. It involves filing paperwork, following up on filings, meeting strict deadlines, and managing medical records. Moreover, it can result in ongoing back and forward negotiations with opposing parties and insurance companies. It is not something you’d want to take on yourself.
At any point during the injury claims process, you may be asked to sign paperwork that you do not fully understand. These documents encompass verbiage that waives rights to future claims, admissions of negligence, or other various tricky statements. If you do not retain counsel, it can be incredibly difficult to determine which documents need to be signed.
Injury attorneys understand these documents and the system very well. If insurance agencies and the opposing party understand that you have counsel, they may not even attempt to take a chance at getting you to sign these documents. Retaining counsel also assures the courts that you are truly injured and are seeking justice.
Joint (Contributory) Negligence
Not all injury claims are solely one party’s fault. In certain cases, the courts will delegate a portion of negligence to each party involved. If the division of negligence reaches a point where the claimant is deemed more responsible for an accident than the defendant, you will not be awarded compensation for your damages.
Hiring The Wrong Attorney
The injury claims process is multifaceted with a lot of room for error. If you hire counsel who is inexperienced or uninterested in your case, you risk falling victim to their reckless behavior. Hiring the wrong attorney can result in counterclaims, claim dismissal, and less than favorable payout.
Posting To Social Media
With the advent of the smartphone, Instagram, and other social media platforms, your life essentially becomes one big internet cache. Although some may feel inclined to take to social media to discuss the events of their accidents, we urge you to avoid doing so! Insurance companies will undoubtedly use this evidence against you.
For example, let’s say you were in a car accident and suffered a severe break. You claim you are in excruciating pain, you rack up medical bills, and you’re suing the negligent party for your damages. If you post to social media a photo of yourself out shopping during this time, the opposing party may argue that your injuries are not as severe as you claim, which can result in a less-than-favorable payout.
Read: Social Media Can Ruin Your Personal Injury Case
Providing Too Much Information
During the injury claim process, you will at some point need to speak with a claims adjuster. Insurance adjusters are concerned with paying out as little as possible. Although they may seem personable, do not make the mistake of becoming too chatty or giving out information that can be used against you. Do not suggest you may have been at fault, do not say you do not hurt as bad as you should. It is wise to advise the adjuster from the get-go that you are working with a personal injury lawyer and to direct all communications to them.
Read: 10 Most Frequently Asked Questions From Our Personal Injury Clients
Acting Like It’s No Big Deal
As strong and tough as you may think you are, another reason why injury claims fail is that injury victims act like they aren’t as injured as they really are. There are a lot of reasons to react this way. Most of the time it is because people don’t want to be perceived as being weak. Unfortunately, acting this way can result in the immediate dismissal of an injury claim.
Preparation Is Key To Success
If you have been injured in Las Vegas, it is imperative that you protect your injury case at all costs. Don’t make the mistake of going at it alone and risking your potential to recover damages.
Brian Boyer can help you best prepare for the intricate considerations of filing a Las Vegas personal injury claim. Do not risk your case by making a mindless mistake, or by falling victim to the sneaky tactics of the opposing party. Instead, call us for a completely free and confidential consultation at 702-514-1414.
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