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3 Common Mistakes In Personal Injury Cases And How To Avoid Them

15 September 2015 by Richard Ramirez

Personal injury cases can be stressful for everyone involved because they require you to gather evidence that your injury was not the fault of your own. The people with access to all of the evidence might try to hide some under the rug or do other things to make your case more difficult. Here are three common mistakes that people make in personal injury cases and how you can avoid them and be successful.

1. Not Getting Expert Testimony

In many states, you are going to need to get the testimony of an expert in the field that is related to whatever caused the injury in order for your case to go through. This is important because if you don't get expert testimony, all the time and money you spent on preparing for the case will have been wasted. To avoid this mistake, talk to your personal injury lawyer about possible experts that might be able to back up your case. For example, if you were hurt riding on an escalator, you will need to get the opinion of an escalator repair professional to prove that the escalator, not your own negligence, was the reason for the injury.

2. Not Making It Clear That Risks Were Not Assumed

This is not a mistake that applies to personal injury cases that occur in everyday settings. This is a mistake that comes in extraordinary settings, such as if you go skydiving. If you go skydiving, you assume a certain amount of risk and will have to sign a waiver. However, if you get hurt because the equipment that was provided to you did not function correctly, then you might still have a case. You will need to get a copy of the waiver and prove that the equipment malfunction was not part of the risk that you assumed. If you don't prove that you didn't assume the risk, then your case might be thrown out.

3. Not Being Entirely Truthful With the Doctor

Don't misrepresent your injuries to the doctor and make them see more important or painful than they really are. You are likely not a trained actor and will not be able to keep up the charade of any particular injury for very long. If you are found out at any point during your court case, you entire case will likely be thrown out and your character discredited.

For more information about common mistakes and how to avoid them, talk to a local personal injury lawyer (such as one from Swartz & Swartz P.C.).

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