Avoiding common mistakes in a personal injury case will help protect your right to recover damages. Making mistakes at any phase of your case can cost you the compensation you need to move forward with your life. From failing to seek immediate medical attention to mishandling communications with insurance adjusters, even small missteps can weaken your claim.
Whether you were hurt in a car accident, a slip and fall, or another incident in Las Vegas, understanding how to protect your claim is crucial. Victims who make critical errors, such as accepting a quick settlement or neglecting to document their injuries, may end up with far less compensation than they deserve. By avoiding these pitfalls, you can give your personal injury case the best chance of success.
To learn more about what to do, and what not to do, in a personal injury case in Las Vegas, contact George Bochanis Injury Law Offices to schedule your free consultation. Call 702-388-2005.
Understanding Personal Injury Cases Helps You Avoid Mistakes
The more you understand about your personal injury case, the less likely you are to make mistakes. A personal injury claim helps you to recover compensation for any monetary expenses incurred because of injuries caused by someone else. These include medical bills, lost income, future medical care, and any financial damages that you can prove. You can also get compensation for bodily injuries, and physical, mental, and emotional harm. When filing a personal injury claim, you will typically seek compensation from the at fault person’s insurance, or from the responsible person directly. Sometimes, you’ll need to file a claim against your own insurance policy, however – like in the case of uninsured or underinsured accidents.
The steps that you take, and those you don’t take, can significantly influence the outcome of your claim. This is why it’s important to follow your personal injury case checklist after you’ve been injured.
Avoid These Common Mistakes in a Personal Injury Case
If you’ve been injured due to someone else’s negligence, protecting your right to compensation starts with avoiding common mistakes that can weaken your case. Even a small misstep can give insurance companies or defense attorneys ammunition to minimize or deny your claim. Here are some of the most frequent mistakes victims make and how to avoid them.
Delaying Medical Treatment
Failing to seek medical attention immediately after an accident is one of the biggest mistakes people make in their personal injury cases. There may be several reasons why you might decide not to see a doctor after an accident. Perhaps you feel that the injuries are not bad enough to seek medical attention, or that they will heal on their own. You might be concerned that you can’t afford any medical treatment needed.
Even if you do not feel that you have been injured, there may be injuries that you are not aware of. These can cause more damage if they go untreated. If you delay seeking medical treatment, the person who caused your accident, or his or her insurance company, may try to say that your injuries were from some cause other than the accident. They can also claim that your injuries are not that serious.
Seeking medical treatment helps ensure that your injuries are addressed. It also documents all injuries that you have suffered, as well as the extent of them, and creates a link between your injuries and the accident. Your medical records can provide invaluable evidence in supporting your claim for personal injury.
Not Following Medical Advice
A doctor may advise that you need further treatment, prescribe medication, refer you to a specialist, or suggest surgery. If you do not follow your doctor’s suggestions, the other side can claim that gaps in your treatment, or non-compliance are signs that you have healed, or were not really hurt in the first place.
Not seeking further required treatment, taking prescribed medication, or following a recovery program can also lead them to argue that your non-compliance has stalled your recovery. This will give grounds for the liable party to lay the blame for your injuries and any further damages on you.
Failing to Report the Accident
Regardless of what type of accident you have been in, or whether there is any immediate danger, you should notify the appropriate authorities as soon as possible. The party or parties you’ll need to notify will depend on the type of accident. If you are in an auto accident, you should call the police. If you slip and fall at the gym, or at a shop, you should report it to the manager.
The authority who attends the scene of the accident will likely create an accident report, especially if it is the police at the scene of a car accident or a pedestrian accident. There will likely also be statements taken from witnesses at the scene. This creates evidence of the events that took place, leaving less room for interpretation or stories to be changed later. If there is no report, your case is open for interpretation, and different stories can be given, making it difficult to prove what happened.
Once you have alerted the appropriate authorities, you should ensure that a report is created, and that you obtain a copy of the report.
Not Documenting Evidence
Without solid evidence, it can be challenging to prove your injuries or the other party’s fault. Take photos of the accident scene, your injuries, and any property damage. Review dash cam footage and request footage from nearby security or surveillance cameras. Gather witness contact information, secure copies of police reports, and maintain a journal of your pain and recovery process.
Taking Too Long to File Your Case
There is a time limit on how long you have to file your personal injury case. In Nevada, the statute of limitations for personal injury claims is usually two years from the time that the injury occurred. If you miss the deadline to take legal action, the court will refuse to hear your case, and you will have no recourse to seek compensation for your injuries.
Talking to Insurance Adjusters Without Legal Advice
Talking to insurance adjusters without your attorney’s advice can be one of the most damaging mistakes in a personal injury case. Insurance adjusters may seem friendly, but they work for the insurance company—not for you. They may try to get you to admit fault, downplay your injuries, or accept a lowball settlement offer. Never provide a recorded statement or sign any documents without consulting an experienced personal injury lawyer.
Underestimating Your Damages
If you file a personal injury lawsuit, especially if you do it without having an attorney helping you, it is easy to underestimate the value of your damages. This is because most people only look at their medical bills. However, you may need to consider future damages, such as future medical treatment and diminished earning capacity.
You can also claim compensation for non-economic damages, which include pain and suffering, impaired cognitive function, or mental and emotional suffering from depression, anxiety, or post-traumatic stress disorder resulting from the accident. A personal injury attorney will be able to assist with calculating the full extent of the damages that you can claim.
Posting On Social Media
Anything that you post on social media is public information, and the insurance companies or their attorneys have access to it. You should expect that they will investigate you, including going through your social media accounts for evidence that your injuries might not be as serious as you claim. Any photographs or posts that can be interpreted as contradicting your claim might be used as evidence to dispute your claim.
Not Hiring a Lawyer Is One of the Biggest Mistakes in a Personal Injury Case
One of the most costly mistakes you can make in a personal injury case is trying to handle it on your own. Without an experienced personal injury lawyer on your side, you may struggle to gather evidence, negotiate with insurance companies, or understand the true value of your claim. Insurance adjusters are trained to minimize payouts, and without legal representation, you are at a disadvantage.
A skilled Las Vegas personal injury lawyer can help you avoid common pitfalls, build a strong case, and fight for the maximum compensation you deserve. Your attorney will handle complex legal procedures, protect you from lowball settlement offers, and ensure you meet critical deadlines.
Don’t let a simple mistake jeopardize your right to recover damages—hire an experienced lawyer who knows how to protect your interests. Call George T. Bochanis at 702-388-2005 now. Consultations are free.
