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In Los Angeles, a personal injury case is defined as injury inflicted on someone carelessly or irresponsibly. A personal injury case is a civil matter and in Los Angeles is generally filed in the civil division of the Superior Court. So, here are 6 avoidable mistakes when suing for personal injury.
1. Delaying in Getting Medical Attention
Make sure to seek medical attention immediately when the injury occurs. There are too many cases where people assume the injury is minor or that the pain will go away. The longer you don’t seek medical attention, the more difficult it is to prove your pain. You don’t want anyone to question your credibility when suing for personal injury.
2. Failing to Gather Information
When you are involved in an accident that has caused personal injury, you need to make sure to gather as much information as possible. This includes anything from writing down the date and approximate time of the incident, retrieving identification information of those involved, finding witnesses, recording insurance information and taking pictures of the injury. All that matters and is a mistake you don’t want to make when suing for personal injury.
3. Failing to Following Medical Advice
Delaying medical attention is one thing. But getting medical attention and failing to follow up with medical advice is another. Accident victims who miss follow-up doctor appointments or fail to follow medical advice such as taking medication, attending physical therapy or doctor recommendations can damage their claims and validity in the suing process. From the standpoint of your injury claim — victims who miss follow-up doctor appointments or fail to follow medical advice can give the insurer an opportunity to question the validity of your injury and whether or not it’s deemed reasonable for a claim.
4. Failure to Disclose Past Injuries
Past injuries must be recorded and transparent to both your doctor and the injury attorney you hire. It is important to be honest as databases can search up your medical history and detect whether you’re lying about it. If found out, hiding medical injury can be used against you when filing your claim. For pre-existing conditions, it is still valid to sue for aggravation or worsening your prior injuries. Letting your attorney know about your injuries increase your chances of winning your claim and not have the opposing party use it against you.
5. Misrepresentation on Effects of Injury
When processing your claims, you need to be honest about the severity of your injury. Misrepresentation and exaggeration of your injury or any parts of it can jeopardize your claim and have the personal injury be thrown out the window. Keep it mind you can also be fined for lying and sent to jail. So make sure you are honest and truthful throughout the whole process.
6. Too much information is given to the party at-fault
Post accident, the at-fault party will most likely contact you and ask for a record statement and forms to sign. You are not required to give a recorded statement or sign anything. It’s a big mistake to do so. Your statements can easily be used against you or misinterpreted which will undermine your case. Only sign or give information at the discretion of your attorney.
A personal injury can be costly but when you are aware of the possible mistake before you make them, it can help with securing a successful claim at the end. So, be sure to not make these mistakes and you should be good to go.