After a car accident each individual who is injured or suffers losses may choose to file a personal injury claim. If you wish to file a personal injury claim it is important to build your case so as to have the necessary evidence to prove your case and receive monetary compensation for damages you have suffered. Unfortunately, there are a number of mistakes that people make when it comes to building their case that may lead to a negative outcome in their personal injury case. This article will discuss some of the common mistakes made when building up a personal injury case.
It is of the utmost importance when seeking to receive compensation or settlement in your personal injury case to have legal representation by an Alaska accident attorney. Such legal professionals are able to come up with the necessary strategy to initiate a claim as well as work towards the receipt of a positive outcome for your case. One article mentions that ‘failure to hire a lawyer increases the chances of the case failing’. This statement is true because the majority of lawsuits require knowledge of specific legal aspects, filing and documentation for specific actions; without having the necessary legal background it is difficult to understand the process and know how to deal with it. Other aspects include having knowledge of analyzing and examining the accident site, the wreck itself and dealing with witnesses which all work towards the success of a case.
Common mistakes are made in the following areas:
- The police report - one of the most important pieces of evidence is the police report. The police report contains the police officer’s objective, expert assessment of the accident. It provides details and observations about the accident and more often than not has statements from witnesses. Depending on the circumstances, the police report may highlight who was at fault for the accident.
- Medical attention - it is not uncommon for injury victims to not seek immediate medical attention soon after the accident. Sometimes it is because the individual does not feel unwell or see any injuries, however, a few days later they may start feeling unwell and then seek medical attention. Unfortunately, the defendant may use this to their advantage stating that the person was not injured from the accident or that it is because of their negligence of not receiving immediate medical treatment that their injury has become worse.
- Choosing not to tell the doctor everything - this is often the case when a person suffers non-physical injuries after an accident. For example, an individual may have a broken limb as a result of an accident but may also suffer from mood swings, depression and lack of sleep. They may choose only to focus on telling their doctor about the pain associated with the broken limb, however, these other aspects of their injury are important as they form part of pain and suffering associated with the physical injury; or may be symptoms of an undetected injury (e.g. traumatic brain injury[Traumatic brain injury - Symptoms and causes - Mayo Clinic]). Such injuries are compensated as non-economic damages, thus, are important to the case and require medical attention and documentation.