7 Common Mistakes in Personal Injury Cases (and How to Avoid Them)
Dealing with medical bills, lost income, and the stress that comes with a personal injury case can be beyond overwhelming. Sadly, because of this many people make mistakes during the legal process that can cost them the compensation they deserve.
At Jane Gordon Law, we’ve seen firsthand how avoiding common pitfalls can make all the difference in a case. Here are the seven of the most common mistakes people make in personal injury cases — and how to avoid them.
Mistake #1: Underestimating the Long-Term Impact of Your Injuries
After an accident, many people assume their injuries are minor or temporary. They might think a few doctor visits or a couple of weeks off work will solve the problem, only to discover later that the injury has long-term consequences.
Why It’s a Problem: Settling your personal injury case too early or failing to get a comprehensive medical evaluation can result in not receiving enough compensation to cover ongoing medical care or therapy. What seems like a small injury now could develop into a chronic condition that requires long-term treatment.
How to Avoid It: Always get a thorough medical evaluation and avoid rushing into a personal injury settlement before understanding the full scope of your injury. If necessary, work with specialists to ensure that you know the potential long-term impact on your health.
How We Can Help: At Jane Gordon Law, we help you work with medical professionals to ensure all future medical needs are considered in your claim, so you aren’t left facing unexpected medical bills down the road.
Mistake #2: Waiting Too Long to File a Claim
People often delay taking legal action, whether because they assume the injury isn’t serious, they don’t want to deal with the stress, or they’re unsure how to start the process.
Why It’s a Problem: Waiting too long can result in missing critical evidence or even exceeding the legal deadline for filing a claim, known as the statute of limitations. In Idaho, the statute of limitations for a personal injury case is generally two years from the date of the injury. Once this deadline passes, you may lose your right to pursue compensation entirely.
How to Avoid It: Consult with a personal injury attorney as soon as possible after your injury to ensure that all necessary steps are taken in a timely manner. Acting quickly allows your attorney to gather evidence, interview witnesses, and build your case while details are still fresh.
How We Can Help: We make sure all timeframes are met, so you never lose your right to compensation due to a missed deadline or a legal loophole. This is especially important for cases involving a government entity, since the time frame for filing a personal injury claim may be much shorter.
Mistake #3: Failing to Preserve Evidence
Many people don’t realize how important it is to gather and preserve evidence at the scene of the accident. This includes taking photos, getting witness contact information, and filing a police report if applicable.
Why It’s a Problem: Without this critical evidence, it can be difficult to prove fault or the extent of your injuries. Insurance companies and courts rely on evidence to determine who is liable and how much compensation is owed.
How to Avoid It: Document everything — take photos of the accident scene, your injuries, and any property damage. Collect witness statements, save receipts for medical care, and keep a detailed record of how the injury has impacted your life.
How We Can Help: We ensure all relevant evidence is gathered, from accident reports to surveillance footage, to build a solid case that strengthens your personal injury claim.
Mistake #4: Handling Insurance Companies on Your Own
Some people believe they can handle communications with insurance companies on their own, not realizing that insurers are trained to minimize payouts. You might make statements, sign agreements, or accept settlements without fully understanding your rights.
Why It’s a Problem: Insurance companies often offer quick, low settlements or try to use your own statements against you to reduce what they have to pay. Without legal guidance, you may agree to an insurance company settlement far below the actual value of your claim.
How to Avoid It: Always speak with a personal injury attorney before dealing with insurance companies to avoid being taken advantage of. An experienced attorney can handle these communications and negotiate on your behalf to ensure you receive fair compensation.
How We Can Help: We have an insider’s scoop on how insurers operate from prior experience working to defend insurance companies. Since we know how they operate, we know what to do and what to avoid to maximize your claim. We would handle all communications with insurers, so you don’t risk saying something that could harm your case.
Mistake #5: Settling Too Quickly
After a personal injury accident, the pressure of mounting medical bills and lost wages can make you eager to accept the first settlement offer, even if it’s far below what you deserve. Like we just discussed, this is especially common if you speak with the insurance company before consulting a personal injury attorney.
Why It’s a Problem: Settling too quickly can leave you without enough compensation to cover ongoing medical treatment, rehabilitation, or future lost income. Once you settle, you cannot go back and ask for more money — even if your injury worsens over time.
How to Avoid It: Be patient and ensure that your injuries and long-term medical needs are fully evaluated before agreeing to any personal injury settlement. Rushing into a settlement may result in a lower payout than you need to cover all your expenses.
How We Can Help: We negotiate aggressively to ensure you receive the full compensation you deserve. Don’t settle for less just because it’s fast — we’ll fight for the amount you’re truly owed.
Mistake #6: Admitting Fault
In the heat of the moment, it’s common for people to apologize or take responsibility for part of the accident, even when they’re not actually at fault. This is especially common in car accident cases and slip and fall cases.
Why It’s a Problem: Any admission of fault — even an innocent apology — can be used against you to reduce or deny your compensation. Idaho follows a modified comparative negligence rule, meaning if you are found to be 51% or more at fault for the accident, you cannot recover any compensation. If you’re less than 51% at fault, your compensation will be reduced by your percentage of fault. This means that insurance companies and opposing attorneys may argue that you contributed to the accident to lower your potential payout or even prevent you from receiving compensation altogether.
How to Avoid It: Never admit fault or apologize after a personal injury accident, even if you think it’s the polite thing to do. Let the investigation determine who is truly at fault based on the evidence.
How We Can Help: We protect you from making damaging statements and help ensure fault is determined based on evidence, not assumptions or hasty admissions.
Mistake #7: Not Hiring a Specialized Personal Injury Attorney
Some people think any lawyer or attorney can handle a personal injury case, or they may attempt to handle it themselves. However, personal injury law is complex and requires specialized knowledge to navigate successfully.
Why It’s a Problem: Without an experienced personal injury attorney, you may miss key opportunities, fail to gather necessary evidence, or not understand how much compensation you’re truly entitled to. This can lead to accepting a lower settlement or even losing your personal injury case entirely.
How to Avoid It: Hire an attorney who focuses on personal injury law and has experience handling cases like yours. A specialized attorney will know the best strategies to maximize your compensation and protect your rights.
How We Can Help: With our extensive experience in personal injury cases, from a car accident case to a dog bite case to daycare accidents, we know how to handle your case to get the best possible results.
Protect Your Rights — Let Jane Gordon Law Help
Avoiding these common mistakes can make a significant difference in the outcome of your personal injury case. Whether you’ve been injured in a car accident, slip and fall, workplace accident, or more, Jane Gordon Law is here to help you navigate the legal process and ensure you receive the compensation you deserve. Contact us today for a free consultation to discuss your case.
