By Donald J. Morrison and Andrew J. Kelleher, Jr., Kelleher + Holland, LLC
Personal injury cases can be complex and emotionally draining, often involving serious physical, emotional, and financial repercussions. As attorneys, we have seen many clients unintentionally sabotage their cases by making preventable mistakes. Below is a list of top things to avoid if you find yourself involved in a personal injury case.
- Failing to Seek Immediate Medical Attention
After an accident, your health should be your primary concern. Failing to seek immediate medical attention endangers your well-being and weakens your personal injury claim. Insurance companies may argue that your injuries are not severe if there is a delay in treatment. Always get a medical evaluation as soon as possible, even if you feel fine initially.
- Not Documenting the Scene and Your Injuries
Evidence is crucial in personal injury cases. If possible, document the accident scene thoroughly. Take photographs of your injuries, the location, any property damage, and other relevant details. Obtain contact information from witnesses and write down your account of the incident while it is still fresh in your mind.
- Ignoring Medical Advice and Missing Appointments
Following your healthcare provider’s advice is essential for your recovery and your case. Ignoring medical advice or missing appointments can suggest to insurance companies and courts that your injuries are not as serious as claimed.
- Talking to Insurance Adjusters Without Legal Representation
Insurance adjusters may seem helpful, but their primary goal is to minimize payouts. Never provide a recorded statement or sign any documents from insurance companies without consulting your attorney first. Your lawyer can handle these communications to protect your interests.
- Posting on Social Media
Insurance companies and defense attorneys often monitor claimants’ social media profiles for evidence that contradicts their injury claims. Avoid posting about the accident, your injuries, or any activities that might be misconstrued.
- Settling Too Quickly
It is tempting to accept a quick settlement offer, especially when faced with mounting medical bills and lost wages. However, initial offers are often far less than what you might be entitled to. Always consult with an attorney who can evaluate the fairness of the offer based on the full extent of your injuries and long-term needs.
- Not Keeping a Personal Injury Journal
Keeping a detailed journal of your daily pain levels, emotional state, and the impact of your injuries on your life can provide compelling evidence in your case. This personal account helps demonstrate the ongoing suffering and limitations caused by the accident, which can influence the settlement or court award.
- Delaying Legal Action
For many personal injury lawsuits, Illinois gives plaintiffs two years to initiate a case. Delaying legal action can result in case dismissal, regardless of its merits. Additionally, waiting too long can lead to lost evidence and faded witness memories.
- Overlooking Future Damages
Personal injury claims should account for both current and future damages. These include ongoing medical expenses, future lost income, and long-term rehabilitation needs. Underestimating future damages can leave you without sufficient funds for your recovery. An experienced attorney can help calculate the full extent of your damages to ensure a comprehensive claim.
- Representing Yourself
While you have the right to represent yourself in a personal injury case, personal injury law is complex, and insurance companies have teams of experienced lawyers. An attorney concentrating in personal injury law has the proficiency to navigate the legal system, negotiate effectively, and advocate on your behalf.
Kelleher + Holland, LLC is a national recognized, full-service law firm with 60+ legal professionals in North Barrington. If you need help navigating a potential personal injury case, contact Don Morrison or Andy Kelleher at (847) 382-9195 or visit www.kelleherholland.com