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Top Mistakes to Avoid in a Personal Injury Case

February 21, 2025
Mistakes to Avoid in a Personal Injury Case

Personal injury claims have multiple factors that may affect the outcome of your claim. In Texas, personal injury cases are governed by strict laws and regulations, and even small missteps can have serious consequences. It is, therefore, advisable to seek the guidance of a lawyer for personal injury victims who can help you avoid costly errors and protect your rights throughout the process. An award-winning law firm can assess your case and guide you professionally to safeguard your legal position and seek justice.

Below are the main mistakes to avoid, often made in personal injury claims.

Improperly Estimating Damages

One of the most significant errors made in personal injury cases is underestimating the total value of the damages. Compensation in a personal injury case goes beyond just covering immediate costs such as medical bills and lost wages. The value of the claim should include pain and suffering, emotional distress, and future medical expenses related to the injury. Without a clear understanding of the full extent of your damages, you may settle for less than you deserve.

Not Getting Sufficient Documentation

Documentation is essential for building a strong personal injury case. Medical records, accident reports, photographs, and witness statements all contribute to substantiating your claim. However, many claimants fail to gather adequate documentation or wait too long, making it harder to substantiate their case.

Settling Too Low

Insurance companies often attempt to settle cases quickly and for as little money as possible. Many accident victims, eager to put the ordeal behind them, accept low settlement offers without fully understanding the value of their claim.

A lawyer for personal injury victims can evaluate settlement offers on your behalf to maximize your compensation. Settling too early or for too little can leave you without the resources needed to cover your long-term recovery needs.

Not Seeking Medical Attention

After an accident, some individuals downplay their injuries or delay seeking medical care, assuming they’ll recover on their own. However, failing to seek immediate medical attention not only jeopardizes your health but also weakens your personal injury claim.

Insurance companies may argue that your injuries weren’t serious if you didn’t seek medical treatment promptly. To protect both your health and your legal case, always see a doctor after an accident and follow their advice.

Not Reporting the Accident

Reporting an accident promptly is essential for documenting the event and creating an official record. The Texas Transportation Code requires incidents that cause death, injury, or property damage worth $1,000 or above to be reported within 10 days after the accident. Whether it’s a car accident, a workplace injury, or another type of personal injury, failure to notify the appropriate authorities can make it harder to pursue compensation later.

Admitting Fault or Apologizing

After an accident, it’s natural to want to apologize or accept blame, especially if emotions are running high. However, admitting fault, even casually, can be used against you during your personal injury claim. A personal injury lawyer can guide you on what to say so that your statements are not misinterpreted or used to undermine your case.

Waiting Too Long to File a Claim

Personal injury claims in Texas are subject to the statute of limitations. In most cases, you are required to launch your lawsuit within two years from the date of the incident. It would be better to take action swiftly to avoid losing your right to compensation entirely. Luckily, an attorney can help you meet all deadlines and ensure your claim is filed on time.

A Lawyer For Personal Injury Victims In Texas Can Help

If you’ve been harmed in an accident in Texas, don’t risk making these common mistakes. At Fadduol, Cluff, Hardy & Conaway P.C., our team of lawyers for injury victims and other personal injury cases is here to help. We will guide you through the process, protect your rights, and fight for the recovery you deserve. Call us today at 800-433-2408 to schedule a consultation.