Suing the at-fault party in a personal injury case could increase your compensation and cover your medical bills, pain and suffering, and other expenses. However, approaching your lawsuit strategically is paramount to success.
Avoid the following mistakes when filing a personal injury lawsuit.
Waiting Too Long to File
Florida has a statute of limitations for personal injury lawsuits. The statute for personal injury cases involving negligence is two years, while auto accidents, premises liability cases, and wrongful death suits have a statute of limitations of four years.
Consult an attorney soon after your accident to determine which statute of limitations applies to your case. Be sure to file your initial paperwork within this deadline. Missing the deadline could bar you from seeking damages from the at-fault party.
Denying or Delaying Medical Attention
If you were injured in an accident, seeking medical treatment as soon as possible will be invaluable to your recovery — and your case. You want extensive evidence of your injuries to submit with your lawsuit. This evidence should directly tie your injuries from the accident so that the defendant cannot claim they were pre-existing.
When seeking medical treatment after an accident, your medical provider will write documentation detailing your areas of concern, the outcomes of any tests they performed, and their treatment plan. You can use this information to support your case.
Posting About the Case on Social Media
Posting about major life events on social media is a natural reaction for many people. However, you should avoid sharing anything about your case — or making any posts in general.
The defense could use anything you post on social media as evidence against you. They may claim you are inflating the extent of your injuries for attention and to increase your compensation. They may also interpret casual posts about your activities as evidence that your injuries are not as disabling as you claim.
In general, you want to give the defense as little evidence as possible to use against you. Avoiding social media will ensure you don’t accidentally harm your case with a casual post.
Speaking to Other Parties Without an Attorney Present
In the same vein as avoiding social media, you should avoid any communications with insurance companies or other parties without an attorney present. Your Florida personal injury attorney can help you respond to questions appropriately without revealing unnecessary information that could compromise your case.
In many instances, your attorney can talk to these parties on your behalf and remove the potential of harming your case altogether. Your attorney can guide the conversation if you need to speak to another party directly.
Not Working With a Florida Personal Injury Attorney
The first action you should take to improve your chances of success is hiring a Florida personal injury attorney. Trying to navigate a lawsuit without experienced legal representation would be futile.
Your attorney will guide you through your case, file paperwork on your behalf, speak with the other parties for you, and represent you in court. They’ll also collect compelling evidence to show the other party was responsible for the car accident or other incident leading to your injuries.
Contacting an attorney should be your first step in the lawsuit process.
Warner & Fitzmartin: Your Florida Personal Injury Attorneys
The attorneys at Warner & Fitzmartin have helped numerous Florida accident victims navigate insurance claims and personal injury lawsuits. We’ll guide you through your lawsuit and help you secure maximum compensation.
Call us today at (561) 816-5983 for your free case evaluation with a Florida personal injury attorney.