Mistakes That Can Ruin Your Car Accident Lawsuit

Every year about 2.35 million people suffer injuries or disability from car accidents. While it's difficult to recover from your injuries, filing a car accident lawsuit can help you obtain some relief.

In many cases, plaintiffs are eligible for a higher monetary relief than the amount the court awards. Certain common mistakes plaintiffs make along the way harm their settlement amount and case outcome.

Don't know what mistakes you should avoid at all costs? We'll tell you what common mistakes may harm your auto accident recovery. Keep reading to learn how to get the most relief from your auto injury nightmare.

Car Accident Lawsuit Mistakes You Should Avoid at All Costs

You might've heard car accident settlement stories about how plaintiffs should've received a higher monetary relief or a better outcome. All car injury cases come down to how your attorney can evidence the extent of your injury in court.

It all starts with documenting your accident the right way. If you don't, you may miss out on a larger monetary relief or lose your case.

Don't know how you may miss the mark before and during your accident lawsuit? Here are the most common mistakes you should avoid to obtain the best outcome in your New York auto accident lawsuit.

1. Not Reporting Your Accident to the Police

While you might want to leave the scene of your accident as soon as possible, you must meet the accident reporting requirements in your state. In New York, if your crash caused an injury to a person, you must file a police report as soon as possible. If it only caused property damage, you will only have to file a report on the spot if the owner of the property is at the scene.

Still, this state requires all parties to file an MV 104 form with the NY DMV no more than 10 days after the accident. In states such as New Jersey and Pennsylvania, you must report your accident immediately according to their laws.

In Pennsylvania, the only exemption to this rule is when law enforcement can't arrive at the scene. In this case, all parties must file an AA-600 form within 5 days of the accident. Keep in mind that you should describe your accident as best as you can when reporting the incident. 

2. Forgetting to Exchange Your Contact Information with Other Parties

You may think exchanging your contact information with the other parties is enough. Yet, you should also exchange your information with any witnesses present at the scene. When your case goes to court, your attorney will interview these witnesses to verify and confirm details about your auto accident.

3. Not Getting Medical Treatment

Medical treatment for any condition can be expensive. Yet, not seeing a doctor after you suffer an auto accident can limit your relief.

It's important to visit your doctor and get your injuries treated after the event. Your attorney will use your medical record as evidence to obtain a better deal in your case.

Make sure you follow your doctor's instructions. If you don't follow the suggested treatments, the other parties can use it against you in court.

4. Providing Unnecessary Information to Your Insurance Company

Many plaintiffs think that overselling what happened is the best way to obtain the best monetary relief. Yet, you should provide your insurance company an honest account of the events. Aim to describe the situation as best as you can.

Keep in mind that your insurance company may verify your account of the auto accident. Also, your attorney or other parties may request and submit your insurer's report as evidence. At the end of the day, you don't want your words being used against you.

5. Not Taking Pictures When You Suffered the Accident and After

Taking photos of the accident scene is the first step to obtaining the best outcome in your case. Yet, that isn't the only time when you should document your accident.

It's recommended that you take photos of any injuries you suffer and your rehab. Also, you should document the damage to your vehicle and any other damages you suffered.

6. Saying Too Much

Believe it or not, jurors, witnesses, attorneys, and other parties will try to contact you during your case. Many plaintiffs make the mistake of chatting with them about the case.

You shouldn't talk to anyone related to the case. If you receive a call from any party, you should ask them to contact your attorney.

7. Filling Out Your No-Fault Forms Incorrectly

Jurisdictions such as New York, New Jersey, and Pennsylvania have no-fault auto insurance laws. These laws may put a dent on your relief options. These jurisdictions allow plaintiffs to file an accident claim if the damages and suffering meet certain conditions.

Nursing care and other services may require you to submit these no-fault forms for payment or reimbursement. Before submitting any forms, it's recommended that you consult an attorney. You want to make sure you don't make any mistakes when submitting these documents.

8. Not Hiring an Experienced Injury Lawyer

While obtaining the best outcome in your case depends on your evidence, you need the right lawyer in your corner. Hiring an experienced car injury attorney can make the difference between receiving the relief you deserve or losing your case.

An experienced injury attorney will help you navigate your lawsuit and advise you in matters such as the applicable statute of limitations. While New York, New Jersey, and Pennsylvania follow no-fault insurance laws. The statute of limitations may void your lawsuit filing.

In the state of New York, you have 3 years after your accident to file your lawsuit. In New Jersey and Pennsylvania, there's a limit of 2 years to file your lawsuit after your accident. Yet, these limits may vary depending on your case.

An experienced attorney can advise on your lawsuit filing and approach to obtain the best outcome. It's recommended that you search for experienced auto accident attorneys in your area.

Can You Obtain the Best Outcome in Your Auto Accident Lawsuit?

You can obtain the best outcome in your car accident lawsuit. It will come down to avoiding any mistakes and hiring the right lawyer for the job.

The best lawyer will take the time to learn more about your case and offer different options. At Find Injury Law, you have access to one of the largest injury attorney networks to find the right professional for your case.

Want to obtain the best outcome or settlement in your auto accident lawsuit? We can connect you with the most qualified injury law attorneys. Contact us today to obtain the highest monetary relief in your case.

We can Help You With Finding the Best Lawyer For Your Case. Call Us Now To Get Started.

Have you or a loved one been injured from a slip-and-fall accident? An experienced injury lawyer will help you win your case. 

We are here to assist you with finding the right injury lawyer. We have over 30 years of experience.

Our service is offered to the general public nationally, and specifically in New York, New Jersey, Pennsylvania, and Connecticut.

Contact us now for a free consultation.


Your Ultimate Guide to Winning Your Slip and Fall Case

In 2016 alone, there were approximately 34,000 slip and fall cases that resulted in the death of the victim. Plenty more brought longterm injury.

As you can tell, these types of cases are often very serious and leave the victim with hefty medical expenses. But, with a competent legal professional on your side, you'll be sure to get the compensation you deserve.

Not sure where to start? Don't worry, we've got you covered.

Let's take a look at everything you need to know about winning your case.

Proving Liability

Slip and fall cases in New York only have a chance in court if the defending party is liable for the accident that caused your injury.

Property owners are often liable when they are negligent of dangerous circumstances. A common example is the lack of the iconic "wet floor" sign near a slippery surface, posing a threat to visitors.

But, there are many scenarios where it can be difficult to prove liability. These can include:

  • Poor lighting over an unsafe floor surface
  • An obstacle that visitors must unsafely maneuver around
  • Lack of routine maintenance that results in faulty equipment or machinery

 While these situations could easily result in the injury of a customer or visitor, you still have to prove that they were negligent.

For example, in order to prove that lack of maintenance resulted in faulty equipment, you'll need to find out if there are any documents that prove there was a significant gap between the time of injury and when the equipment was inspected.

Your attorney will know what course of action to take when it comes to proving liability. But, proving owner liability goes hand in hand with...

Proving You Weren't The Cause

Unsurprisingly, nobody likes to get sued. But, Brooklyn property owners have a morbid fear of being sued for negligence.

In many slip and fall cases, the property owner may argue that not only was the accident not their fault but also that you were the one who caused it.

If you were found at fault (even partially), then your potential for receiving full compensation is dramatically reduced. Thus, the defendant is going to do all that they can to prove the blame lies on you.

While you may be convinced you're not at fault for your slip and fall incident, you could have played a role depending on your actions at the time. If you slipped because of your own negligence, it may be difficult to obtain the judge's favor.

Common situations where the plaintiff played a role in their own injury are:

  • Illegally accessing the area they were injured (jumping a fence, ignoring trespassing signs, etc.)
  • Acting negligently at the time of injury (such as texting, reading, talking on the phone when they should have been looking at their surroundings)
  • Failing to adhere to safety/warning signs

Thus, it's not impossible that the individual who was injured played a role in their slip and fall. But, regardless of whether or not the plaintiff did, the defense may choose to argue that you were at fault anyway.

Therefore, you'll need to prove that you weren't. Eyewitness testimony, security footage, etc. are often required to back up your claim.

Before You Go to Court

You're going to have to gather evidence. First, you'll need to...

Prove The Extent of Your Injury

It's pointless to pursue slip and fall compensation if your injuries are negligible. So, you're going to have to prove how badly you were hurt as a result of the accident.

The easiest and most reliable way to do this is through your medical records. Medical professionals will provide a detailed account of your injuries through their assessment, and it's your duty to obtain these documents.

Then, you'll be able to prove how injured you are, any prolonged discomfort you experience, and whether or not you experience any disability as a result of the accident. 

Even if your injuries are readily visible, you'll still need proper medical records to prove they aren't superficial. For example, cuts or bruises on your face that don't hinder you in any way are unlikely to be a solid foundation for pursuing compensation.

Then, you'll need to...

Provide Proof of Your Expenses 

Medical expenses aren't the only thing you'll need to keep in mind. There are plenty of other forms of a financial burden that can stem from a slip and fall accident.

The most common scenario is one where your injury prevents you from working, drastically reducing your income. If you suffered a neck or spinal injury, it could be months before you'll be able to return to your job.

Hire an Experienced Lawyer

Even with all the evidence on your side, you'll still need a competent legal professional to back you up in the courtroom. You'll want someone with extensive experience not only in the legal profession itself but also slip and fall cases.

If possible, someone who specializes in your type of injury (wet floor, faulty equipment, etc.) will give you the best chance of achieving success.

Handling Your Slip and Fall Case Can Seem Difficult

But it doesn't have to be.

With the above information in mind, you'll be well on your way to making sure your slip and fall case results in you getting the compensation you need.

Want to learn more about what a competent legal defense can do for you? Make sure to check out the rest of our blog!

Need Help With Finding the Best Lawyer For Your Case? Call Us.

Have you or a loved one been injured from a slip-and-fall accident? An experienced injury lawyer will help you win your case. 

We are here to assist you with finding the right injury lawyer. Our service is offered to the general public nationally, and specifically in New York, New Jersey, Pennsylvania, and Connecticut.

 Contact us now for a free consultation.