Emotions are naturally expected to run high following personal injury cases. From vehicular accidents to work-related torts and incidents, each personal injury is unique and requires a trained eye to ascertain the facts and remedies for every affected party. That said, most—if not all—lawyers recommend avoiding making mention of or committing any of the following details during legal proceedings for personal injury cases.
Posting on social media
In this day and age, posting about virtually anything under the sun—be it good or bad—has become the norm. The same, however, cannot be said when one is involved in a personal injury lawsuit. First and foremost, it’s important to stay mum regarding any active legal proceedings that come with disputes both online and offline. This includes posting any photos or relevant documents or even making references to the incident. This is in order to avoid any prejudice or the possibility of your words being used against you.
Making “I Believe” statements to investigating officers
During the conduct of investigations, law enforcement officers necessarily have to conduct interviews and take statements from both witnesses to the accident and all parties directly involved. When relaying these facts, it is vital to stress that one must narrate and stick to the facts personally known and perceived by them rather than focusing on theories on what may have happened from their point of view. A fact and an opinion will never be synonymous. When giving out a statement, one is expected to highlight only matters one knows for a fact had happened rather than pure conjecture.
Agreeing to the first offer presented to you
Depending on the specific facts, personal injury lawsuits tend to take time. Generally speaking, plaintiffs are expected to file their claims within two years from the date of the injury, as laid down by the Statue of Limitations. From there, clients can expect the initial year of the lawsuit to be dedicated to the discovery or evidence-gathering phase before attending various negotiation proceedings and, if necessary, trial. Despite how daunting this process may seem, however, it is still important for one to stand ground and not accept the earliest offers of settlement presented before them, especially if one is not represented by counsel.
Admitting fault
Another important thing NOT to say if you are injured is admitting to any fault or contributory negligence on your part. Similar to posting on social media, admitting to any fault without counsel can lead to disastrous consequences and legal implications. As they say, anything can and will be used against you in a court of law.
Mentioning that you are unassisted by legal counsel
Any person can process their insurance claims following a personal injury however, hiring a lawyer can never hurt—especially for complex and challenging cases. To be specific, when working with insurance companies, it’s always a good idea to seek at least advice from trusted and competent counsel just to ensure that all of your remedies and claims are used and maximized.
Seeking legal guidance after a personal injury
Personal injury cases entail an extensive amount of scrutiny from both law enforcement and insurance companies alike. Having an experienced personal injury attorney by your side could significantly reduce any risks, expedite the lawsuit’s timeline, and reach the best possible settlement. If you or a loved one has recently been involved in a personal injury accident, feel free to reach out and schedule a free, no-obligation consultation at Ellis Helm, APC, contact us online, or call our Temecula Law office at 951-875-6870.
