Getting injured badly due to someone else's mistake or negligence could leave you reeling. It's not just the physical pain, but the mental anguish of being sidelined from your job or your role in the family. The legal system provides an opportunity for victims of personal injury to seek financial restitution, provided the individual can prove that the personal injury was someone else's fault. But with that said, far too many personal injury cases die before they have a chance to get to a payout due to one or more rookie mistakes made by the person bringing the case. If you want to maximize your chances of achieving success in the courtroom or at the negotiating table, here are some mistakes you should be sure to avoid.
Don't Exaggerate Your Injuries or What the Other Person Did
Misrepresenting what happened to you is one of the leading ways you can torpedo your own case before it even gets started. If you are injured, stick to the facts as outlined by your medical documentation. If you were injured because of someone else's actions, don't embellish what the other person did leading up to the accident or injury. If the other side can produce evidence that you are exaggerating, it could throw your entire account into question. It might even get you in legal trouble if you knowingly lie in a court document or on the witness stand.
Don't File Without Being Prepared to Play Defense As Well
One of the most common defenses that someone being sued over a personal injury will try is to say that the injured person also contributed to the problem. This is referred to legally as "contributory negligence." By making this argument, the person or company being sued may admit at least some fault but will say the financial payout should not be significant because the injured party was also responsible for what happened to them. To combat this, make sure you go into your case with a clear account of what happened, including witness statements or even video if you have it.
Don't Post on Social Media at All
Most personal injury attorneys will tell their clients to "go dark" on social media while the case is pending and this is good advice. If you log on and post something that demonstrates you are still living life as normal or even living it up, the other side can use this to declare that the injury must not be that bad.
For more about this topic, reach out to a personal injury lawyer.