Filing an auto injury lawsuit can feel overwhelming. You face deadlines, paperwork, and legal jargon, and a single misstep can cost you thousands.
To help you, we have listed 10 common errors and how to avoid them. By steering clear of these pitfalls, you will have a smoother path to fair compensation.
Hi. In today’s blog, I will be talking about the most common auto injury lawsuit mistakes that you MUST avoid at all costs. So, if that’s what you want to know, keep on reading till the end, and thank me later…
Common Auto Injury Lawsuit Mistakes To Avoid
Here are some of the mistakes that most people make while filing their auto injury lawsuit. And trust me, avoiding these can save your case:
1. Waiting Too Long To Seek Legal Help
One of the biggest errors is delaying contact with an attorney. Insurance companies often try to settle quickly and will push a lowball offer early.
Consult the best car accidents lawyers within days of your accident. Early involvement means your attorney can gather evidence, interview witnesses, and preserve crucial details before they vanish.
Even minor injuries can worsen. Whiplash or soft-tissue damage might not show up until weeks later. By then, crucial evidence like skid marks or surveillance tape could be gone.
A lawyer will preserve all details from day one. They make sure you don’t miss Georgia’s two-year window to file a claim.
2. Failing To Preserve Evidence
Evidence is critical in car accident claims. Photos, witness statements, and medical records can make or break your case.
After a wreck, take clear pictures of your car, the other vehicle, and any visible injuries. Here are some of the things that you need to do:
- Record skid marks and road conditions.
- Note the location, time, and date.
- Get contacts for anyone who saw the crash.
Keep all medical bills, repair estimates, and receipts, and store them digitally if possible. Small details matter, and even a torn piece of clothing caught on a bumper could prove negligence. With a lawyer’s help, you will know precisely which items matter most.
3. Posting Accident Details On Social Media
Sharing details about your accident on Facebook, Instagram, or Twitter seems harmless. However, insurance adjusters monitor public posts closely.
Every photo of you smiling at a party or playing with your kids can be twisted to suggest you are not really injured. Even a simple check-in at the gym might signal to insurers that you are in perfect health.
To protect your claim, avoid posting any details related to the crash, your injuries, or daily activities.
Ask friends and family to refrain from posting about you, too. If you absolutely must use social media, tighten your privacy settings. However, the safest route is to stay off social platforms until your case is resolved.
4. Giving A Recorded Statement Without Consultation
Next, insurance companies often request recorded statements early, and they frame it as a routine step.
However, they record and analyze every word, and their goal is to find inconsistencies that they can exploit later. A slight misstatement can severely weaken your claim.
Before agreeing to any recorded statement, talk to an attorney. Your lawyer will guide you on how to answer questions without harming your case.
In many situations, your attorney will handle communications with insurance adjusters entirely. Let the professionals speak on your behalf.
5. Underestimating Future Medical Needs
Some injuries hide beneath the surface. You might feel better in a week, only to face chronic pain later.
Settlement talks often begin when you start to heal. If you settle too soon, you shoulder future medical bills alone.
Work closely with your doctors. Ask for clear projections of long-term care. Physical therapy, surgeries, and medication add up, and you should factor these into your demands.
A skilled lawyer uses this data to push for a fair settlement that covers tomorrow’s bills, not just today’s.
6. Accepting The First Settlement Offer
Adjusters often make a quick offer to resolve claims cheaply. Their offer rarely covers the full cost of your losses.
Accepting that first check can lock you into a final settlement. Once you sign the paperwork, you can’t reopen the case, even if your injuries worsen.
Think of the first offer as a starting point. Show it to your attorney before you respond. A lawyer will calculate a realistic value based on your losses and future needs.
Then they will negotiate on your behalf. Never sign anything without professional advice.
7. Overlooking Comparative Fault Rules
Georgia follows a modified comparative negligence system. If you are found 50% or more at fault, you won’t recover anything.
If you are 49% responsible, your award is reduced by that percentage. For example, if a jury finds $100,000 in damages but rules you 30% at fault, you get only $70,000.
Ignoring these rules can cripple your recovery.
Be honest about your role and focus on minimizing fault through sensible behavior, like wearing seat belts and obeying traffic laws. Your attorney can strategize to show that the other driver was primarily responsible.
8. Ignoring The Importance Of Expert Testimony
Some crashes are complicated. Maybe both drivers claim the other was at fault. In these cases, expert witnesses can tip the scales.
Accident reconstruction experts analyze photos, data, and physics to show what really happened. Medical experts testify on the long-term impact of your injuries.
If liability is unclear, skip relying solely on police reports or eyewitness accounts. Your lawyer will know which experts to hire.
Their testimonies add weight to your case and discourage insurers from offering lowball settlements.
9. Not Hiring An Attorney With Georgia Experience
Every state has its own traffic laws, jury tendencies, and nuances in filing procedures. An attorney familiar with Georgia courts is aware of local judges, how juries respond to specific evidence, and regional trends in medical costs.
Hiring someone new to the state can create costly missteps, like filing in the wrong venue or undervaluing typical medical expenses.
Choose a lawyer with a strong Georgia track record in auto injury cases. Look for evidence of past settlements or verdicts in similar cases. Local expertise can make a difference in the case strategy and outcome.
10. Failing To Disclose Pre-Existing Conditions
Some crash victims have past injuries or chronic conditions. Trying to hide these issues backfires when defense attorneys dig into your medical history.
They will argue that your pain began before the collision. Instead, be upfront about any pre-existing problems. Your attorney can separate old injuries from new ones by consulting expert medical witnesses.
Properly accounting for pre-existing conditions actually helps your credibility. When the jury sees you are honest, it’s easier to overrule your argument that the crash aggravated or caused new harm.
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