Recalling events clearly or understanding facts as they happen after an accident or incident might not always be possible. This is because you may be suffering injuries whether you know it or not. Even so, it is important to take steps to avoid mistakes that could easily destroy a personal injury case, should you file one to seek financial recompense for your pain, suffering, injuries and damage.
The very nature of an accident often leaves drivers and passengers dazed, confused and in shock. Understanding what happened after a medical procedure causing you injuries might also be confusing. Taking a bad drug that caused an adverse reaction might be difficult to comprehend.
Below are the most common mistakes that are known to inadvertently cause serious ramifications in your personal injury case. They include:
#1 Lying about Facts
The details in handling a personal injury lawsuit involving medical malpractice, vehicle accidents, construction injury, drowning, wrongful death and others are often very complex. Typically, you likely have both good and bad details and facts concerning your case that should never be hidden from your attorney.
Being forthright with your lawyer is essential. Recognize that they are on your side, and have spent years hearing it all before. Being upfront will help you avoid being exposed in a lie that could easily crumble your case at any point in the process.
#2 Discussing Your Case
You will likely be contacted by a variety of “concerned” individuals seeking information about your case. This could include an insurance claims adjuster, attorneys for the defense, the media, or even jurors. Never discuss aspects or details of your case with any individual, including family and friends. Instead, refer all inquiries to your lawyer.
Many times, insurance carriers providing policy coverage for the defendant of a personal injury case will hire investigators to perform surveillance on injured parties. This is because they are hoping to catch you in a lie, when you live a life different from the story they can show through surveillance in court.
Any time you attempt to perform a task that was previously impossible to undertake, due to your accident and injuries, discuss it with your attorney. Be upfront about your health conditions and discuss your injuries honestly and openly in interrogatories, depositions or on the stand at trial. Everyone from the judge, jury and your attorney is hoping you will improve from your injuries.
#4 Missing Deadlines
The state has specific laws concerning deadlines for filing lawsuits and claims under the Illinois statute of limitations. If you miss the deadline, you will likely lose the potential of ever filing suit for financial recompense against all responsible parties. Discuss timeframe limitations for filing paperwork with the reputable personal injury attorney that handles cases exactly like yours.
#5 Missing Evidence
Missing or lost evidence can wreak havoc on a personal injury claim, costing you the case and the ability to obtain financial compensation. Hiring an attorney can help ensure you preserve evidence, obtain expert testimony and avoid missing medical appointments. An attorney will make sure you have everything you need to settle out of court or take the case to trial.
#6 Not Hiring Qualified Legal Counsel
Many individuals filing a personal injury claim attempt to handle the entire process on their own. However, the civil action legal system is complex and demands a comprehensive understanding of Illinois tort law. A skilled attorney can help maneuver around the many legal pitfalls and hurdles you will come across. The lawyer offers experience from assessing the claim and providing legal options, to negotiating for an out-of-court settlement and/or developing a case to present your lawsuit at trial.
Avoid the above mistakes to ensure that your rights remain protected. Legal counsel can keep you on track to ensure a positive outcome.
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Rosenfeld Injury Lawyers
33 N. Dearborn St. #1930
Chicago, IL 60602