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Payer & Associates Miami Injury Lawyer 305-854-4442

4 Common Ways to Jeopardize a Personal Injury Case


An unexpected injury can be physically painful and emotionally stressful, and this is magnified when you realize that someone else is responsible for your injury who you may choose to pursue a claim against. But unfortunately, there are various ways that your personal injury claim can become a bust. The good news is that many of them are totally avoidable once you are aware of these pitfalls. Below are four of the most common ways you could hurt your own personal injury case.

  • Failing to contact the police. One of the most common mistakes people make when they are injured in an accident is not reaching out to authorities and summoning them to the scene. Keep in mind that you must prove that the other party caused your injury to recover compensation. Being able to later obtain a police report is one of most important examples of documentation to show that things occurred when, where, and how you claim they did. For similar reasons, you should take pictures of damages, collect and keep up with your medical records, and record witnesses’ contact information.
  • Lack of credibility. Character can be an important element and a plaintiff being perceived as lacking credibility can unfortunately break a personal injury case. Misrepresenting or exaggerating the extent of medical injuries or damages to physical property is one of the easiest ways to lose credibility. Make sure that any information provided is accurate. In addition, avoid talking to insurance adjusters without the guidance of your attorney to ensure that you don’t say something that can be twisted and used against you.
  • Admitting to fault. Florida operates under a comparative negligence standard which means that while contributing to an accident does not eliminate the basis of your claim, it does mean that your damages will simply be reduced in proportion with your percentage fault. While it is important to be clear and consistent about the accident events as it helps you establish credibility, it is also important to disclose the right information at the right time under the guidance of your attorney to ensure that you don’t lose out on compensation you should actually be entitled to.
  • Not seeking legal help. Even if you’re initially on the fence about turning to an attorney for help, you should know that the benefits of getting a personal injury lawyer to represent the case outweigh the cost and risks. There are strict deadlines for filing personal injury claims that you can depend on your lawyer to keep up with. In addition, your attorney can help you ensure that you don’t settle for an amount that is much lower than what you deserve. You should always seek legal assistance if the negligent actions of another person have resulted in an injury for you or somebody you care about.

Allow Us to Help You Avoid the Pitfalls to Your Case

When it comes to successfully pursuing a personal injury claim or lawsuit, you need a strong legal advocate on your side. As the Miami personal injury attorneys at Payer & Associates, we have fought for the rights of our clients in a wide variety of serious personal injury and wrongful death cases. We advocate for our clients throughout every step of the claim, and we have a genuine passion for helping the victims of others’ negligence hold those who are responsible accountable. We are ready to put our knowledge and experience to work for your personal injury case as soon as you contact us today.

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