Filing a personal injury lawsuit in Chicago can be daunting, especially when you’re recovering from an accident. Early decisions in your case are crucial and can significantly affect the outcome. Avoiding common mistakes can strengthen your claim and improve your chances of receiving fair compensation.
The Most Common Personal Injury Lawsuit Mistakes
Below, as experienced Chicago personal injury lawyers, we outline the key pitfalls accident victims should avoid when pursuing a personal injury lawsuit.
1. Delaying Medical Treatment
Seeking medical attention is one of the most critical steps after an accident. Waiting too long to see a doctor can harm your health and weaken your legal case. Insurance companies often claim that if there are delays in treatment, it means your injuries were not serious. They may also suggest that the injuries were not caused by the accident.
What to Do Instead:
- Visit a doctor immediately, even if your injuries seem minor.
- Follow your doctor’s recommended treatment plan and keep detailed medical records.
2. Failing to Document Evidence
Strong evidence is essential in personal injury cases. Without proper documentation, it can be hard to show what caused your injuries and how much damage you’ve suffered.
Common Documentation Mistakes to Avoid:
- Not photographing the accident scene.
- Failing to gather witness contact information.
- Losing receipts for medical expenses or repair costs.
What to Do Instead:
- Take clear photos of the scene, any property damage, and visible injuries.
- Save all bills, receipts, and related documents.
- Keep a journal detailing how your injuries affect your daily activities.
3. Talking to Insurance Companies Without Legal Counsel
Insurance adjusters may seem friendly, but their primary goal is to minimize the payout. Giving a recorded statement or signing documents without legal advice can hurt your case.
What to Do Instead:
- Politely decline to speak with insurance adjusters until you’ve consulted with a lawyer.
- Allow your Chicago personal injury lawyer to handle all communication with the insurance company regarding personal injury settlements.
4. Oversharing on Social Media
Social media can harm your case more than you might think. Insurance companies monitor claimants’ posts for evidence to deny or reduce claims.
Mistakes to Avoid:
- Posting updates about the accident or your injuries.
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Sharing photos or videos that contradict your claim (e.g., engaging in physical activities).
What to Do Instead:
- Avoid posting about your case or injuries until it is resolved.
- Review your privacy settings and limit who can see your activity.
5. Missing Legal Deadlines
Personal injury lawsuits in Illinois must be filed within the statute of limitations. Typically that is two years from the date of the injury. Missing this deadline can result in losing your right to seek compensation.
What to Do Instead:
- Consult with a Chicago personal injury lawyer as soon as possible. This will ensure deadlines for filing a lawsuit are met.
6. Settling Too Quickly
Financial stress may tempt you to accept the first settlement offer. However, these offers often undervalue the true cost of your injuries and damages.
What to Do Instead:
- Let your lawyer evaluate settlement offers to ensure they are fair.
- Be patient and allow your attorney to negotiate the best possible compensation for your case.
7. Not Hiring an Experienced Personal Injury Attorney
Handling your case alone can lead to avoidable errors. Personal injury law is complex and experienced legal representation is critical to achieving a favorable outcome.
What to Do Instead:
- Hire a skilled Chicago personal injury lawyer with a strong track record.
- Choose a law firm with experience in cases similar to yours.
Commonly Asked Questions
How long does a personal injury lawsuit take?
The timeline for a personal injury lawsuit varies. The variables include the case’s complexity, both parties’ willingness to settle, and the court’s schedule. Simple cases may resolve within a few months, while more complex cases involving disputes or large damages can take a year or more.
Factors like collecting evidence, negotiating with insurance companies, and going to trial can also extend the process. An experienced personal injury lawyer can provide a more accurate timeline based on your specific circumstances.
Do you pay taxes on personal injury lawsuit settlements?
In most cases, personal injury lawsuit settlements are not taxed. This is true if the money is for physical injuries or illness. This includes payments for medical expenses, pain and suffering, and lost wages directly related to the injury.
However, punitive damages and interest on the settlement may be taxable. It’s always a good idea to consult a tax professional to understand your specific situation.
How The Law Office of Daniel E Goodman Can Help You
The Law Office of Daniel E Goodman, LLC provides personalized legal support for individuals and families affected by accidents. Our team of experienced attorneys understands the complexities of personal injury cases and works tirelessly to secure fair compensation for our clients.
Here’s how we help:
- Thorough Investigations: We collect evidence, interview witnesses, and build a strong case.
- Effective Communication: Our attorneys handle all communication with insurance companies and opposing parties.
- Accurate Valuation of Claims: We ensure you pursue compensation that covers medical bills, lost wages, pain, and suffering.
With a proven track record of successful settlements, our firm is committed to delivering results. We provide compassionate, client-focused service throughout the legal process.
Contact The Law Office of Daniel E Goodman Today
Filing a personal injury lawsuit can be overwhelming, but you don’t have to face it alone. At The Law Office of Daniel E Goodman, LLC, we are here to help you with your case. We want to help you avoid mistakes that could hurt your claim.
Call us today at 847-292-6000 or fill out our online form to schedule your free consultation. Let our skilled Chicago personal injury attorneys provide the support and guidance you need to secure the compensation you deserve.