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Winning Your Personal Injury Case: Avoiding Common Mistakes with the Right Attorney and Active Involvement

Town Law Publishing Jan. 31, 2023

Personal injury cases can be difficult and emotionally draining, making it essential to have a competent lawyer by your side. A skilled attorney will be able to navigate the legal system, gather necessary evidence, negotiate with insurance companies, and fight for the compensation you deserve. With their knowledge and experience, your lawyer will be able to get you the best possible outcome for your case.

These are some of the most common mistakes that attorneys make in personal injury cases. By avoiding these errors, attorneys can better serve their clients and achieve a favorable outcome in these complex cases:

  1. Underestimating the value of the case: the plaintiff’s attorney may not fully understand the extent of the injuries and expenses involved, leading to an initial settlement offer that is too low.

  2. Failing to thoroughly investigate the case: Your attorney should gather all available evidence, including witness statements, medical records, and police reports. These are absolutely crucial for your case.

  3. Not hiring experts: In many cases, attorneys may not bring in medical experts, accident reconstructionist, or other specialists to strengthen their case at trial. This is often due to inexperience or pure lack of due diligence.

  4. Lack of contact with clients: Attorneys must communicate regularly with their clients to keep them informed and to ensure that their clients are taking the necessary steps to obtain a justified outcome.

  5. Not preserving evidence: Attorneys should document everything related to the case, including the scene of the accident, damages to vehicles, and any other evidence that may support the client’s case.

  6. Failing to negotiate: Attorneys may accept the first offer from the insurance company instead of negotiating a fair settlement.

  7. Not preparing for trial: Attorneys should be ready to take a case to trial if necessary. They should be familiar with the rules of evidence, know how to question witnesses, and understand how to make a persuasive argument.

  8. Not understanding the statute of limitations: Attorneys must be aware of the deadline for filing a personal injury claim, as missing the deadline may result in the client losing the right to recover compensation.

  9. Not understanding insurance policies: Attorneys must have a good understanding of insurance policies, including liability coverage, uninsured/underinsured motorist coverage, and medical payments coverage.

  10. Not working with other professionals: Attorneys may not collaborate with other professionals, such as financial advisors and rehabilitation specialists, to ensure that the client’s needs are met.


However, it's important to remember that you also play a crucial role in the outcome of your case. Stay involved and informed by regularly communicating with your attorney, providing them with all the necessary information, and being aware of what they are doing on your behalf. Working together with your lawyer will ensure that you get the compensation you deserve and help you move forward from the incident.