Mistakes to Avoid in your Personal Injury Lawsuit

Woman wearing neck brace and arm sling working on a laptop

If you suffer a personal injury in Kentucky, you have the right to sue the party that is responsible for your injuries. But while so many folks here know this, they often fall into one or more pitfalls in their personal injury lawsuit. This can result in them not receiving all of the compensation to which they are entitled, or losing their claim altogether. That is why it is crucial to work with your personal injury attorney every step of the way to best protect your rights while getting fully compensated for your medical expenses, lost wages, pain and suffering, and other damages. Waiting too long to hire a personal injury attorney 

Unless you have been involved in a personal injury lawsuit before, you probably have no idea about the proper procedures you must go through. An experienced personal injury attorney can guide you through the process, assisting you with every aspect of your lawsuit. Nevertheless, many injured people here in Kentucky wait too long to retain counsel. They may be concerned about affordability, or they may not know they have the right to representation. Once you are injured, one of the first things you should do is hire a lawyer. 

Failing or Delaying the Reporting of Your Accident

This is a very common mistake. If you have insurance, you should report your claim immediately to your insurance company. Any failure or delay could be used by the insurance company to deny coverage for your injuries. This is why you should check your insurance policy to make sure you are complying with the reporting requirements. An experienced personal injury attorney can review your policy and advise you about filing a report. 

If you are looking to assert a claim against a party, you need to provide them with notice as well. This will allow them to notify their insurer in a timely manner. Just like with your own insurer, any delays could hamper your ability to collect. 

Failing to Continue Your Medical Treatment

It may seem like a hassle to keep going to see your doctor and attending therapy appointments. If you are like most people, you lead a busy and active lifestyle. However, if you are injured in an accident, you must continue with prescribed medical treatment. Not only will this help you heal, but also if you fail to continue treatment, the other party or its insurance company can use this to claim that the injuries you sustained were not so severe. In other words, failing to continue care can hurt you in two ways: physically and financially. 

Not Filing Your Lawsuit in Time

Kentucky has a statute of limitations for each type of lawsuit. This is the time period during which you have to file a case against another person. If you suffer a personal injury, you only have one year to file a claim from the date of the accident or the date that your injury was discovered. This is a very short time period, so it is vital for you and your personal injury attorney to move quickly with filing your lawsuit. Failing to file in a timely fashion could lead to the dismissal of your lawsuit, in which case you will not receive any compensation from the party that injured you. 

Not Keeping Your Records

Kentucky is an open discovery state. This means that each party to a civil case is entitled to the evidence of the other party, as well as to demand certain records and information. In a personal injury case, the other side or the insurance company is going to want you to provide copies of all medical records and other documents related to the accident. If you do not have this

information, it could delay your case or even prevent you from collecting compensation for your injuries. 

Making Statements Without Your Lawyer Present 

When you speak with the other party or the insurance company, anything you say can be used against you in your lawsuit. This includes things like admissions of fault, apologies, and inconsistent information. This is why you should never talk to the other side of the case without your lawyer there to help guide you.

If You Are Injured in an Accident, Call Our Firm Today

Suffering a personal injury can have a profound impact on your life. Not only will you have to deal with the medical conditions of your injury, but you may also miss work, and have your quality of life impacted. If your personal injury was caused by the actions or negligence of another party, then you may be entitled to compensation. The personal injury attorneys at the Dickman Law Office will use their years of experience to help guide you through the personal injury lawsuit process so that you can get compensated for your damages. Contact us today.

Posted in: Personal Injury