When you have been injured in an accident, you’ll want to avoid these common mistakes that may jeopardize your rights to a claim in a personal injury lawsuit or workers compensation claim.
Personal injury law suits are guided by tort law. Tort law is directed by the principle that when someone does something that harms another person; the injured person is entitled to receive compensation for the physical, mental, or financial losses associated with the injuries. In a personal injury law suit, the injured party (plaintiff) must prove a degree of fault to recover losses from the person who caused the injury (defendant). There are three kinds of fault: negligence, intentional misconduct, and strict liability. Additionally, comparative fault may apply and exists when there are multiple sources of blame. Any act that compromises the determination of fault or your ability to prove that your injuries are a result of another’s negligence or misconduct, could jeopardize your rights to a claim. These mistakes could impact your ability to make your case and therefore affect the value of your compensation.
Mistakes that can jeopardize your rights to a legal claim include any act that:
- Complicates your attorney’s understanding of your case
It is important that you are completely honest with your accident injury attorney and provide a straightforward account of your situation. Without accurate information your attorney will not be able to assess the feasibility of your case and develop a strategy for comprehensive recovery of your losses.
- Causes difficulties proving negligence or fault
Failure to document your accident with statements of witnesses, photos, and police reports may compromise your ability to prove negligence or fault in the accident.
- Makes it difficult to provide proof of your injuries
Failure to obtain medical treatment for your injuries, including tests, x- rays, emergency room visits, follow-up treatments, such as doctor visits and physical therapy, and rehabilitation and ongoing treatments will mean that you lack the evidence necessary to provide proof of your injuries. Without records from medical professionals, you will not be in a position to validate your accident injuries.
- Makes it difficult to verify your losses
Failure to substantiate your losses with receipts for all of your medical expenses and other costs associated with your injuries can seriously impact the outcome of your case and receiving workers compensation. It is essential that you save all of your medical bills and keep accurate records of all of you medical expenses.
This article was provided by Allegretti and Associates, 866-745-1531, www.allegrettilaw.com.