Many people make mistakes that can hurt their personal injury case.
These errors often happen when dealing with insurance companies or accepting quick settlement offers.
Being aware of these pitfalls can help you protect your rights and get fair compensation.
Dealing With Insurance Companies
Insurance companies want to pay as little as possible. They may use tactics to reduce your claim’s value.
Be careful what you say to them. Don’t give a recorded statement without talking to a lawyer first.
Avoid sharing too much info on social media. This could be used against you.
Don’t sign any papers without understanding them fully. Insurance adjusters might try to rush you.
Take your time and read everything carefully. If you’re unsure, ask a lawyer to review the documents.
Remember, the insurance company is not on your side. They’re looking out for their own interests, not yours.
Accepting Early Settlement Offers
Quick settlement offers might seem tempting, especially if you have bills piling up.
But accepting too soon can be a big mistake.
Early offers are often much lower than what your case is worth.
You might not know the full extent of your injuries right away.
Some problems can take weeks or months to show up.
If you settle early, you can’t ask for more money later.
Wait until you reach maximum medical improvement before settling.
This means your condition has stabilized. You’ll have a better idea of your long-term medical needs and costs.
A lawyer can help you figure out a fair settlement amount based on all your losses.
Communication and Misrepresentation Issues
What you say and share can impact your personal injury case.
Be careful about public statements and understand how your words may be used.
Social Media and Public Statements
Be careful what you post online during your case. Insurance companies and lawyers may check your social media.
They might use your posts against you.
Don’t share details about your accident or injuries on Facebook, Twitter, or Instagram.
Avoid posting photos of yourself being active if you claim to be hurt. Set your profiles to private, but know that nothing online is truly secret.
Think twice before talking to reporters or giving public statements.
Your words could be twisted or taken out of context. It’s best to let your lawyer handle media inquiries about your case.
Misunderstanding the Impact of Your Statements
Your words carry more weight than you might realize in a legal case. Even casual comments can hurt your claim.
Don’t downplay your injuries to be polite. Saying “I’m fine” after an accident could be used to argue you weren’t really hurt.
Be honest but careful about discussing your condition with others.
Avoid admitting fault or apologizing, even if you think you might be partly to blame.
These statements can be seen as accepting liability for the accident.
Keep conversations about your case private. Don’t discuss details with friends, coworkers, or on the phone where others might overhear.
Let your lawyer guide you on what’s safe to share and with whom.
Arizona has specific rules for personal injury cases. These rules affect how long you have to file a lawsuit and how lawyers charge for their services.
Statute of Limitations Explained
In Arizona, you have two years to file a personal injury lawsuit. This time starts from the date of your injury.
If you don’t file within two years, you might lose your right to seek compensation.
There are some exceptions to this rule:
- For minors, the clock starts when they turn 18.
- If you discover an injury later, the time may start from when you found out.
It’s best to start your case as soon as you can. This helps you gather fresh evidence and talk to witnesses while their memories are clear.
Costs and Fees of Legal Representation
Most Arizona personal injury lawyers work on a contingency fee basis.
This means:
- You don’t pay upfront fees.
- The lawyer gets paid a percentage of your settlement or court award.
- If you don’t win, you usually don’t owe attorney fees.
Typical contingency fees range from 33% to 40% of your recovery. Some costs, like court filing fees or expert witness fees, may be extra.
Always ask for a clear fee agreement before hiring a lawyer.
Initial Steps After an Injury
Taking the right actions right after an injury can make a big difference in your personal injury case.
Here are key steps to take:
Seeking Medical Attention
Get medical help right away, even if you feel fine. Some injuries take time to show up. Tell the doctor about all your symptoms, no matter how small.
Follow their advice and treatment plan.
Keep all your medical records. This includes bills, test results, and doctor’s notes.
These will be important for your case later.
Don’t skip follow-up appointments. This shows you’re serious about your health. It also creates a clear record of your injuries and recovery.
Reporting the Accident
Report the accident to the right people.
This could be:
- The police
- Your employer (for work injuries)
- The store manager (for slip and falls)
- Your insurance company
Get a copy of any official reports. These can help prove what happened.
Be careful what you say when reporting. Stick to the facts.
Don’t admit fault or say you’re not hurt.
Documentation and Evidence Gathering
Take photos of your injuries and the accident scene. Get pictures from different angles. If there’s property damage, photograph that too.
Write down what happened as soon as you can.
Include:
- Date and time
- Weather conditions
- Names of witnesses
Keep any items that might be evidence. This could be torn clothing or broken items.
Save all receipts for expenses related to your injury.
This includes things like:
- Medical bills
- Travel costs to doctor appointments
- Costs for help around the house
Legal Strategies and Considerations
Picking the right lawyer and understanding your claim’s value are key steps in a personal injury case.
Court procedures also play a big role in the outcome.
Choosing the Right Lawyer
Look for a lawyer with experience in personal injury cases. Ask about their track record and success rate.
Many Arizona personal injury lawyers work on a contingency fee basis.
This means they only get paid if you win your case.
Their fee is usually a percentage of your settlement, often around 33%.
Make sure you feel comfortable with your lawyer. You’ll need to share personal info with them.
Pick someone you trust and can talk to easily.
Ask about their plan for your case and how often they’ll update you.
Understanding the Value of Your Claim
Your claim’s value depends on many things. These include:
- Medical bills
- Lost wages
- Pain and suffering
- Future costs
Don’t accept the first offer from an insurance company. It’s often too low. Your lawyer can help you figure out a fair amount.
They’ll look at similar cases and factor in all your costs.
Keep all bills and records of your injuries.
This helps prove your claim’s worth.
Filing Lawsuits and Court Procedures
If you can’t settle your case, you might need to go to court. Your lawyer will file a complaint to start the lawsuit.
This tells the court what happened and what you want.
The other side will file an answer. Then comes the discovery phase. Both sides share info about the case.
This can include:
- Documents
- Witness statements
- Expert opinions
You might have to give a deposition. This is when you answer questions under oath. Your lawyer will help you prepare.
Most cases settle before trial, but be ready if yours doesn’t.
