3 Common Mistakes To Avoid In An Irvine Injury Case
If involved in an accident in California, the following are the three most common mistakes to avoid in order to make your claim as successful as possible. To learn more and discuss the steps you should take, consult with an Irvine injury lawyer today.
#1: Not Speaking To An Attorney Immediately
Arguably the biggest mistake you can make after begin injured is delaying speaking to an injury attorney. Consulting with a personal injury attorney as soon as possible after the incident is important because it allows the attorney to conduct the appropriate investigation in a timely fashion. This includes finding the witnesses and making sure that all the evidentiary proof is documented. Furthermore, the sooner you speak to an attorney, the sooner the statute of limitations deadlines can be determined.
Why Is Waiting To Speak to An Attorney Such a Bad Idea?
It is very important to allow your personal injury attorney a full and complete opportunity to work up your case in a timely fashion. If you wait six months or a year before retaining an attorney, this could put your case at a disadvantage both in terms of conducting an investigation and filing a claim. You want to assist your lawyer in properly presenting your case with all of the appropriate information necessary to obtain the best compensation result on your behalf.
#2: Speaking To The Other Parties Insurance Company
Most injury attorneys recommend that the injured party not talk to the opposing insurance company or give them a statement, even over the telephone, because any comments that you make initially may be used against you later. For example, if an injured plaintiff initially believes that their injuries are not that severe at the outset, they may tell the opposing insurance company that during an initial conversation.
The plaintiff may think they are telling the truth and are being honest and forthright, but if two to three months later they find out that they are not healing or improving, or an MRI scan reveals an injury that will ultimately require surgery. The initial statement may adversely affect the outcome of the case. The defense will argue that the plaintiff initially stated in a recorded statement that they did not believe the accident caused serious injuries. As a result, the plaintiff’s lawyer now has to overcome what was a seemingly innocent statement at the outset that now may be a serious issue in the case.
What Are Some of the Ways An Attorney Can Try to Overcome This Mistake?
The evidentiary proof required to prove that an injury, such as a herniated disk, was caused by the particular incident, requires medical testimony. The attorney will analyze the medical records, consult with the treating physician or an expert, in order to establish proximate medical causation in a particular case.
#3: Not Following Your Injury Treatment Plan
Another common mistake in many injury cases is not following the treatment recommendations of the physicians, such as not getting therapy in a timely fashion or not having an MRI scan to establish the nature of the injury. Skipping treatment prevents your attorney from establishing the seriousness of the injuries resulting from the accident. Therefore it is important that you not only seek medical attention for your injuries as soon as possible but that you also follow the doctor’s advice and continue with the proposed treatment even if you start to feel better.