What Are The Common Mistakes Harmful To A Pending Personal Injury Claim?
A lot of the times, clients are very surprised, nervous. A lot of emotions are happening at the time of an incident. As a result of that, they often forget to document exactly what happened that would really help them in the future in their case. Many times, clients have the ability to take photographs and or video of an incident whether it is a dangerous condition that was left unguarded, or an automobile accident. Those are things that aid the attorney once the case has begun and many times, the clients fail to do that. Additionally, once clients meet up with my firm, they are instructed to diligently document their symptoms that are very helpful because usually, individuals tend to heal and when the case is down the road a year from now and there are depositions.
It is a lot easier to recall those bad days where the patient was, where the client was very symptomatic as opposed to just basing off of memory. So keeping a diary of your symptom methodology is important and often also not done. Clients also are informed that the reason that the medical part of the case is so important is because the only way for an attorney to prove the damages, the pain and suffering, that was suffered as a result of the incident is through medical documentation. So therefore, failure to follow doctor’s appointments, failure to follow rehabilitative sessions, those types of things also affect negatively for your potential personal injury case.
Delay in care is another factor that needs to be taken into consideration. Sometimes people procrastinate having to see a doctor because they would simply think that their conditions are going to alleviate on their own and this is interpreted by the insurance defense bar and the insurance company as someone who really does not need medical care and has not gone to see a doctor because they are just simply not all that injured, which is simply just not true. A lot of clients live with pain as a result of an incident which occurred and due to just life factors delay getting treatment, which we strongly urge to do immediately.
Also not disclosing all prior incidents, failure to disclose prior life happenings which could negatively affect your case if not disclosed from the outset. All the incidents at which a person has throughout the course of their life, whether they fell off a bicycle, or were in a prior car accident, whatever the case may be, if there was medical treatment for that incident, it needs to be disclosed with the attorney so the attorney could take that medical prior history into consideration as well as the doctors who are doing the current treatment. When that is not done, it really does negatively impact the case.
Can An Attorney Still Fight For Their Client’s Claim If The Client Has Committed Some Mistakes?
Absolutely! We are still able to fight for the client’s case and still able to end up with a positive recovery for the client. But by not doing the aforementioned things properly, it affects and diminishes the ability to negotiate, to reach a higher settlement, to possibly, potentially bar from having to be able to litigate the case if necessary and bring forth a lawsuit. Those things may be prejudiced, those things may be jeopardized as a result of the client’s inactions at the onset of the case. So it is very important that the client and the law firm enter into a symbiotic relationship from the beginning of the case where there is an understanding that without the client’s cooperation and assistance, the case is not going to be a full maximum potential case without the client’s help.
Some Strategies That Are Used To Mitigate Circumstances In Personal Injury Claims
Some of the strategies that we can use to help are such things as continually to monitor the treatment of the client throughout the course of the client’s rehabilitation and doctor visits. Our firm tries to maintain continual contact with the client to make sure that they are getting the necessary medical care in order for us to maximize their claim. Another thing that we do is assist with the investigation, the hiring of an investigator if necessary to make sure that we have all the evidence that we can possibly retain for the case at the onset of the case. It may have to do with retaining statements from all witnesses as well as documenting evidence, photographs and videotapes as soon as possible.
If there is any investigative police agency involved in the case, we would ask our investigator to try and reach out to them as well to make sure that we ascertain statements from the outset of the case where your memory is the freshest. The retention of expert witnesses on some liability cases is essential in helping form the case as far as the liability standpoint. If there was any industry of deviations from industry standards that the expert can help us ascertain, that is another great reason for involving an expert from the beginning of the case. Our firm regularly retains experts and assistance for litigation of our cases and we have never charged our client for having to do that if the case is not successful. Our only mission is to try and get the best resolution and spend all their resources necessary to maximize a case from the outset.
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