Common Mistakes to Avoid in a New York Personal Injury Case

by King Law

If you have been hurt in an accident and file a personal injury claim, your actions can affect the outcome of your claim. No one intends to negatively impact their claim, but it happens. Consulting with an experienced personal injury attorney as early in the claims process as possible can help injured parties understand what they should and should not do after filing a claim.

In many personal injury cases, the injured party is seeking compensation from an insurance company. The insurance company that you are seeking payment from may examine every aspect of your case, searching for any bit of information to justify a reduced settlement. The facts of the case will not always speak for themselves, and your conduct can play a role in the overall value of your claim. The following are frequent mistakes that you can avoid by seeking advice from a Rochester personal injury lawyer.

Failing to Gather Evidence at the Injury Scene When You Plan to File a Negligence Claim

If you fail to gather evidence at the injury scene, it may be more difficult to prove that the defendant is responsible for your injuries. Evidence can take many different forms depending upon the facts of your personal injury case. Sometimes, injuries prevent people from collecting evidence at the site of the accident. However, if they are physically able, injured parties should take a wide variety of photographs at the scene where they were injured, and they should seek contact information from any witnesses.

Sharing Too Much Information

Do not admit guilt for any part of an accident, even if you believe that you may have been partly at fault. The less you say, the less room there is for the opposing side to misinterpret your words and use them against you. For example, many people are surprised to learn that saying an apologetic phrase like, “I’m sorry” may be used as evidence of guilt. Luckily, you do not have to deal with law enforcement or the insurance company alone. A knowledgeable attorney can represent and advise you in all communications relating to your claim.

Misrepresenting an Accident or an Injury

Submitting false information to any party in your case can cause lasting damage to your credibility. No matter how powerful your evidence may be, your account of events may be called into question. A false account can also be accidental. For example, if you give a statement regarding your injuries before you see a doctor but your actual injuries differ, a claims adjuster may claim that you misrepresented your damages.

Waiting to Seek Medical Care

When an accident does not appear to be serious, victims may delay medical treatment. Do not make this mistake. A prompt visit to the doctor can have several benefits. Not all symptoms are immediately apparent, and only a doctor can diagnose the extent of your injuries. Additionally, the insurance company may use delayed medical evaluations as evidence that your injuries are not as severe as you claim.

Missing a Doctor’s Appointment

In the same way that delaying medical care can be detrimental, missing a scheduled appointment can hurt your claim. Diverting from a recommended treatment in any way may open a victim up to claims of shared responsibility for injuries. If an appointment was not missed, a claims adjuster may argue that your injuries would stand a better chance of healing. For this reason, it is also a good idea to keep accurate records of all your doctor’s appointments, what was discussed, and the reasons for a rescheduling or cancellation.

Not Understanding the Legal Theory Behind Your Claim

If you do not understand whether you are bringing a lawsuit based on a theory of negligence or strict liability, you may fail to obtain the type of evidence you need to win your case, and you may fail to prove the necessary elements of the claim.

A plaintiff needs to be able to prove that the defendant owed a duty of care and breached that duty of care by being negligent. What “negligence” looks like is different depending upon the type of injury lawsuit. For example, in a slip and fall case, a plaintiff will need to prove that the property owner failed to remedy a dangerous condition on the property or failed to warn about a hazard. Similarly, in a medical malpractice case, a plaintiff will need to prove that the healthcare provider did not act reasonably according to other healthcare providers in the same geographic area and medical field.

In contrast, with strict liability, an injured person does not need to prove that the defendant was negligent. Instead, in a product liability lawsuit, the injured plaintiff only needs to prove that the defendant manufactured, designed, or marketed the defective product, and that the plaintiff suffered injuries from use of the product. A Rochester personal injury attorney can clarify the elements you will need to prove to win your claim and can develop a strategy tailored to the particular facts of your case.

Accepting the First Settlement Offer After Filing an Insurance Claim

Many people who are injured in an accident begin the process of seeking financial compensation by filing an insurance claim. Often, when an injured claimant is not working with a personal injury attorney, they will accept the first settlement offer from an auto insurance company. In many cases, by working with a personal injury lawyer, you will be able to negotiate a higher settlement and, if necessary, will be able to file a subsequent lawsuit against the at-fault driver.

Filing a Personal Injury Lawsuit After the Statute of Limitations Has Passed

Each type of personal injury case in New York has a specific statute of limitations. The statute of limitations is a time window in which an injured plaintiff can file a lawsuit against the liable or at-fault party. Most negligence claims and product liability lawsuits have a three-year statute of limitations, but many medical malpractice claims have a shorter statute of limitations. One of the biggest mistakes an injury victim can make is failing to hire a personal injury lawyer before the statute of limitations runs out, and thus failing to file a claim on time. Once the clock on the statute of limitations runs out, the injury will have a time-barred claim. Such a situation can be tragic when an aggressive personal injury lawyer could have gotten the lawsuit filed in a timely manner and obtained a fair verdict or settlement for the injured party.

Contact a Personal Injury Attorney in Rochester, NY

If you need help seeking compensation for your injuries, one of the aggressive Rochester personal injury attorneys at our firm can begin working on your case immediately. Contact King Law online or call our office at 585-270-8882 to learn more about the value of a personal injury lawyer who fights for financial compensation on behalf of injury victims.