Navigating the complex and often turbulent waters of a personal injury case can be a daunting endeavor for anyone. The journey from injury to compensation is fraught with legal intricacies, procedural nuances, and potential pitfalls that can significantly impact the outcome of your case. It is a path where every step counts, and unfortunately, many find themselves inadvertently compromising their own cases through actions taken without a full understanding of their implications. This reality underscores the indispensable value of experienced legal representation in personal injury claims.
At the core of many personal injury cases that do not reach their full potential are the unintended missteps made by clients during the ongoing proceedings. These errors, often made innocently and without malice, can nevertheless have profound effects on the viability and value of a claim. From the moment an injury occurs, the actions, words, and decisions of the injured party come under scrutiny, not only from opposing legal teams but also from insurance companies looking to minimize their financial exposure.
One common mistake is the failure to meticulously document the injury and the circumstances surrounding it. Comprehensive documentation—including medical records, eyewitness accounts, and photographic evidence—serves as the bedrock of a compelling personal injury case. Without it, substantiating the extent of your injuries and their impact on your life becomes an uphill battle.
Another frequent misstep is the inadvertent sharing of information that could be detrimental to the case. In today’s digital age, social media platforms can be a minefield for personal injury claims. Posts, photos, or comments that depict physical activity or a seemingly carefree lifestyle in the aftermath of an injury can be misconstrued and used against you, casting doubt on the severity of your injuries or your credibility.
Engaging in discussions or negotiations with insurance companies without legal representation is yet another area where well-intentioned individuals often err. Insurance adjusters are skilled in securing statements or agreements that favor their interests, potentially undermining the value of your claim. Without a seasoned personal injury lawyer by your side, navigating these conversations can lead to settling for less than you deserve or inadvertently waiving rights critical to your case.
The landscape of personal injury law is one where expertise, experience, and strategic insight are paramount. It demands more than just legal knowledge; it requires an advocate who understands the emotional and physical toll of an injury and fights tirelessly for your rights and compensation. This is where our legal team stands apart.
Our approach to personal injury law is rooted in a deep commitment to our clients, recognizing that behind every case is a person whose life has been disrupted by injury and injustice. We see beyond the legal challenges to the human story at the heart of each case, guiding our clients with empathy, respect, and unwavering support.
From the outset, we work closely with you to understand the nuances of your situation, crafting a strategy that anticipates and counters the tactics used by opposing parties and insurance companies. Our team meticulously prepares every aspect of your case, from evidence collection to witness preparation, ensuring that your claim is positioned for the best possible outcome.
Moreover, our expertise extends to coaching our clients on how to navigate the period following an injury. We advise on the dos and don’ts that can significantly affect a case, including how to manage social media presence, the importance of adhering to medical advice and treatment plans, and the nuances of communicating with insurance companies. Our goal is to safeguard your claim from common pitfalls, preserving the integrity and value of your case.
Choosing to partner with us means entrusting your case to a team that is not just proficient in the law but passionate about justice. We understand that your case is not just about compensation; it’s about holding the responsible parties accountable, securing the resources you need for recovery, and restoring a sense of normalcy to your life. Our dedication to your cause is unwavering, and our track record of success speaks to our ability to deliver results.
In the intricate dance of a personal injury claim, every step matters. Missteps, no matter how small, can have significant repercussions. This is why having a seasoned personal injury lawyer by your side is not just an advantage—it’s a necessity. If you’re navigating the aftermath of an injury and facing the daunting prospect of a legal claim, let our expertise, dedication, and compassion be your guide. Together, we can avoid the pitfalls that jeopardize cases and steer your claim toward the justice and compensation you deserve.
1. Failing to call the police and not getting enough information at the scene.
People feel they don’t need to call police because they are promised by the at-fault driver that he/she will tell their insurance company it was their fault and that they should pay. Although this may sound sincere, many times the at-fault driver will completely change their take on the accident and give a different side to the story once they talk to their insurance. Therefore, you should always call the police and get a report as well as obtain all information from the other driver. TAKE PICTURES!
2. Waiting to seek medical care.
You should immediately go to a hospital or emergency room so they can check your vital signs, document you were in an accident and can schedule any follow-up appointments.
3. Giving too much info. to the other driver’s insurance company.
The at-fault insurance adjuster will call you to get a statement as to how you say the accident occurred and what, if any, were your injuries. REMEMBER, the adjuster is not a neutral party and work for the insurance company. Many get bonuses based on how much they save the insurance company. If they can get you to admit you were slightly more than 50% at fault, then under Texas law they owe you nothing.
4. Refusing to hire an attorney.
Insurance companies have their adjusters out to the scene of an accident as soon as possible if it appears to be serious. They collect evidence, interview witnesses, etc. and do not have to turn anything over to you. Often times a lawyer can spot potential problems or anticipate defenses early on in the claim process and can help avoid or, if nothing else, minimize then.
5. Hiding previous accidents, injuries, or medical conditions from your lawyer.
Many people think previous injuries and accidents can affect their present claim, and the answer is, it’s possible. The biggest problem about withholding this information is that it destroys your credibility and ruins your case. If you do it under oath, then you are committing a crime called perjury.
6. Making damaging statements to a doctor, nurse, assistant, or staff.
Sometimes, doctors engage in small talk clients tend to say all kinds of things pertaining to the accident. Often, those doctors, nurses or staff will write down what you say no matter how irrelevant it is. Client records often reflect errors, inconsistencies and other harmful statements due to vulnerability. Insurance adjusters and their lawyers can and will dive into those records looking for anything and everything they can use against you.
7. Social media posts.
As long as you are acting consistently with what you are telling your medical providers, lawyer’s and the adjuster, there is no problem. The problem arises when you are caught doing something that a seemingly injured person probably would not be doing. These can be engaging in sporting activities, dancing, doing chores, etc. Posting such things will destroy your case. Be careful about what you post.
If you have any other questions regarding a personal injury or have suffered an injury due to the negligence of another, please call our office at 361-792-2358 to schedule a free consultation.
ABOUT HERRMAN & HERRMAN PERSONAL INJURY LAWYERS
With over 100 years of combined experience among the legal team of Herrman & Herrman, P.L.L.C., our Texas personal injury attorneys have successfully resolved over 20,000 cases. When representing injured Texas residents, we fight for justice against wrongdoing and aggressively pursue the best resolution to complex personal injury claims.
If you or a loved one was injured, please get in touch with us for a free initial consultation and case evaluation. Herrman & Herrman, P.L.L.C., is a locally based law firm that holds negligent individuals and companies accountable for their wrongdoing. We are not a personal injury mill that advertises nationwide. We provide individualized advocacy in attending to all aspects of claims that involve. Our firm has offices in the following locations: Corpus Christi, Corpus Christi South Side, Dallas, Brownsville, McAllen, San Antonio, Austin, Houston, and Ft. Worth, TX.
We remain by our client’s side, handling all aspects of their claims and attending to all legal, medical, and financial needs. That dedication combines experience, legal knowledge, and insight from a former insurance adjuster and several former insurance defense attorneys. Whether our clients suffer from physical pain from an accident or the emotional grief of death, we treat clients with compassion. We put their mind at ease during difficult times by answering their questions concerning the length of their claim, medical bills, financial compensation, and their overall need for a lawyer.
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