Navigating the complexities of a personal injury case is daunting, particularly when you are already coping with the physical and emotional toll of an accident. To ensure you receive fair compensation, it’s crucial to understand and avoid common mistakes that can undermine your claim.
This guide highlights several pitfalls that could jeopardize your personal injury case and explains the importance of working with personal injury lawyers.
Failing to See a Doctor in the Immediate Aftermath of an Accident
One of the most critical errors you can make after an accident is neglecting to seek immediate medical attention. Even if you feel fine or believe your injuries are minor, it is essential to get a professional medical evaluation.
Some injuries, like internal bleeding or concussions, may not show symptoms right away but can have serious long-term effects if left untreated.
Waiting Too Long to Speak to Personal Injury Lawyers
Time is of the essence in personal injury cases. Delaying consultation with a personal injury lawyer can be detrimental to your case for several reasons. Critical evidence might be lost, memories of witnesses can fade, and you may miss important legal deadlines such as the Limitations Act of Ontario.
Read our earlier article on limitation periods to understand how little time you have to commence legal action and protect your entitlement to compensation.
Being Untruthful to Your Personal Injury Lawyer in St. Catharines
Honesty is the foundation of a successful lawyer-client relationship. Providing false information or withholding details from your personal injury lawyer can severely damage your case.
Personal injury lawyers rely on accurate and complete information to build a robust argument and to anticipate challenges that may arise. Always be transparent with your lawyer, providing all relevant information no matter how insignificant it may seem.
Sharing More Information with the Other Party than You Are Absolutely Required To
You are only obligated to provide necessary information, and divulging more than required can be used against you. The opposing party, especially their insurance company, may seek to minimize your claim by using your statements out of context.
For instance, if you casually mention to the other party’s insurance adjuster that you feel “okay” after an accident, they might use this statement to argue that your injuries are not severe, regardless of your medical reports.
Not Hiring Personal Injury Lawyers from the Get-Go
Hiring a personal injury lawyer in St. Catharines from the outset provides you with professional guidance through every step of the process. They can handle communications with insurance companies, gather and preserve evidence, and represent your interests in court if necessary.
Discussing Your Claim on Social Media
Insurance companies and defense lawyers often monitor claimants’ social media profiles to gather evidence that can be used against them. Refrain from discussing any details related to your accident, injuries, or legal proceedings on social media.
Advise your friends and family to do the same. Even private messages can be subject to discovery in a legal case. The best course of action is to maintain strict privacy settings on your accounts and limit your online activity until your case is resolved.
Ignoring Medical Advice and Missing Appointments
Failing to adhere to prescribed treatment plans or missing appointments can significantly undermine your claim. The opposing party can argue that your injuries are not as serious as you claim if you do not follow through with medical recommendations.
It’s essential to document all your medical appointments, treatments, and any deviations from the prescribed plan. Keep detailed records of your symptoms, progress, and any complications.
Not Working with Local Personal Injury Lawyers in St. Catharines
Local personal injury lawyers in St. Catharines understand the specific laws, regulations, and court procedures in your area, and they often have established relationships with local adjusters and legal professionals.
It’s an often overlooked but critical factor that can make a significant difference in the success of your personal injury claim.
Attempting to Represent Yourself When the Other Party Is Represented by Personal Injury Lawyers in St. Catharines
Self-representation is rising in Canada; as many as 80% of people choose to argue their matter themselves before the court. However, it doesn’t come without its challenges and drawbacks.
Self-representation puts you at a significant disadvantage because you likely lack the legal expertise and negotiation skills needed to effectively argue your case. You risk irking the judge, too, who may become impatient at your lack of knowledge of court and civil process.
Moreover, with self-representation you bear the entire financial risk yourself, paying court fees, incurring administrative costs, and losing time at work. A personal injury attorney in St. Catharines will most likely offer contingency fee – “no win, no fee” – meaning they bear the financial risk and are incentivized to maximize your compensation.
Accepting the First Offer from the Insurance Company or Other Party
Insurance companies often aim to settle claims quickly and for the least amount of money possible. Accepting the first offer they present can be a significant mistake, as it is typically much lower than what you are entitled to. The initial offer may not fully cover your medical expenses, lost wages, and other damages.
Not Maintaining a Complete Record of Medical Expenses and Costs Associated with the Accident
This includes medical bills, prescription receipts, transportation costs for medical appointments, and any other out-of-pocket expenses incurred due to the accident. Failing to maintain these records can result in an incomplete assessment of your damages, reducing the compensation you receive.
To avoid this, create a dedicated file for all accident-related expenses. Keep copies of every bill, receipt, and any correspondence with healthcare providers and insurance companies.
Trying to Estimate Damages and Compensation without Consulting a Personal Injury Attorney in St. Catharines
Estimating the value of your personal injury claim involves more than just adding up medical bills. It requires a comprehensive understanding of legal principles, future medical needs, lost wages, pain and suffering, and other factors that contribute to your total damages.
Take the First Step in Getting Personal Injury Justice: We’re Here to Help!
Whether it’s a serious car accident or life-altering spinal injuries faced by our clients, we can efficiently handle every case. Book a free consultation with our experienced personal injury lawyer in St. Catharines to discuss your accident. We have over 140 years of experience and can provide all necessary support to help you receive the compensation and care to recover from the loss.