New Jersey Injury Lawyers Blog5 Mistakes That Can Jeopardize Your Personal Injury Case
Accidental injuries can impact your life physically, financially, and emotionally. Being compensated for your injuries and losses can help to some extent but, unfortunately, it is often necessary to file a personal injury lawsuit to collect the compensation to which you are entitled.
Following are just five of the most common mistakes that can jeopardize a personal injury case.
- Delaying medical treatment; not following through on a treatment plan – Failing to seek medical attention in a timely manner, refusing treatment, missing doctors’ or physical therapy appointments can all be construed as indications that the injury may not be as serious as claimed, or that the injured party’s actions increased the severity of their injuries or prolonged their recovery.
- Missing deadlines for reporting injuries or filing claims – Personal injury claims are subject to a statute of limitations. For most cases in New Jersey, that deadline is two years from the date of injury. However, there are exceptions; for example, accidents involving a government entity or employee requires a Notice of Tort Claim to be filed within 90 days of the injury. Typically, the statute of limitations for minors is tolled until their 18th birthday, allowing them to file within two years of an injured minor’s 18th However, wrongful death cases must always be filed within 2 years from the date of death. In any case, failing to file a complaint before the statute of limitations runs out will prevent your ability to recover any damages.
- Agreeing too quickly to a settlement – Accepting a settlement agreement before doctors can determine the long-term impact of the injury could result in the injured party not receiving the full compensation to which they are entitled. Settlement agreements, once finalized, will prohibit further legal actions.
- Revealing social media posts – Discussing details of an accident on social media or posting photos that may contradict the injury claim can work against a successful personal injury case.
- Speaking to the other driver’s insurance company – What you say to the other insurance carrier is likely being recorded and may be taken out of context or otherwise be used against you. Hire an attorney to communicate and negotiate for you.
Because of the complexities of personal injury cases, it is advisable to seek legal counsel. Our personal injury attorneys are prepared to evaluate the details of your case, including the applicable statute of limitations, and advise you as to your best course of action.