Top 5 Mistakes Clients Make in Personal Injury Law

Mistakes. They sometimes happen. Unfortunately, when clients make mistakes in their personal injury case, it can be the difference between winning and losing a claim. Below are five of the most common mistakes clients make in personal injury cases.

5. Rebelling against Doctor’s Orders

Failing to treat an injury because of someone’s negligence is a fairly common mistake. When a plaintiff files a claim against someone for an injury, the last thing he should do is ignore doctor’s treatment orders. Failing to treat an injury ranges from not taking medication to missing doctor’s appointments and self-treating the injury.

A successful personal injury claim involves proving pain and suffering caused by the defendant’s negligence. Pain and suffering damages are awarded to some plaintiffs. The damages are intended to compensate the plaintiff for losses sustained because of the injury. The losses include emotional trauma and physical pain. Any time a person fails to follow doctor’s orders, one strong argument can be made: the plaintiff is the cause of his pain and suffering. This argument, if successful, could lead to little to no money to cover pain and suffering.

4. Failing to Disclose a Pre-existing Injury

A pre-existing injury refers to any medical condition or injury an individual had prior to the accident. Pre-existing injuries are the focus of personal injury claims because they are factored into the amount of money the plaintiff may receive in an award or settlement.

Clients with pre-existing injuries fear not receiving an award or less money because of the injury. As a result, they make the common mistake of not disclosing the prior injury to their doctors. What they don’t realize is that the defense attorney will request his previous health records looking for any prior injuries in the location where the new injury occurred. 

If they discover the prior injury in the same part of the body the plaintiff claims is injured, it will damage the case. To the judge, jury, and defense attorney, it looks like the plaintiff lied or is hiding something.

3. Settling a Claim without Speaking with an Attorney

A settlement offer is presented from one party to another as reimbursement for injuries suffered in a personal injury case. Typically a defendant or insurance company will offer a settlement to a plaintiff to avoid going to trial. Settling a claim without speaking to an attorney is a critical mistake. Unless a plaintiff receives a settlement offer after negotiations between his attorney and the other party, there’s no way to know if it’s fair.

Remember, a defendant is trying to pay the least amount of money possible. Sometimes, a settlement offer won’t cover a plaintiff’s medical bills, pain and suffering, or lost wages. This means serious financial trouble for the plaintiff. He can’t sue for the remaining balance not covered by the settlement. Part of the settlement offer requires a plaintiff to give up the right to sue for any future or past damages.

2. Withholding Information from Your Attorney

To win, a personal injury attorney needs to know everything about the case. Unfortunately, the client may decide to withhold facts from his attorney which will damage the case. For example, a client may exaggerate injuries to his attorney. The attorney will aggressively fight to obtain the compensation to cover severe injuries. A defendant will discover the plaintiff’s injury isn’t as bad as he claims. How? Sometimes, the defense attorney will place the plaintiff under surveillance or check social media accounts. It doesn’t matter how the defense finds out, the damage is done.

1. Plaintiff Acts as Own Attorney

Many people think they can do a better job than a personal injury attorney at negotiating and presenting their case. So instead of seeking legal representation, they handle their own cases. The problem is an attorney knows how to negotiate, document injuries, and prove liability. Most laypersons do not. So they will actually do more harm than good when trying to win their case. The best way to avoid this mistake is to leave representing clients to the professionals.