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Six mistakes that can cost you your malpractice or injury case

Top 6 Ways to Lose a Case

There are some common mistakes people can make with their claim or lawsuit. The choices you make and the actions you take can impact the outcome of your case either positively or negatively. By taking an active role in your case, keeping the lines of communication open with your attorney and carefully following their advice you can only increase the chance of a successful outcome. Below are the top 6 ways to lose a case:

1. Put It Off Until Later

By hesitating in making an insurance claim, you run the risk of losing valuable documentation. Consulting with legal counsel immediately allows you to consider every possible option of a case. By waiting, you can short change yourself and damage your chances for recovery.

2. Lie

Do you really want to lose your case? Then lie. Lie to your attorney. Lie to your doctor. Exaggerate your symptoms – it will be easy to challenge in court. Lying or exaggerating in the defense’s “independent” medical examination is another good way to lose your case. At that point you can lose all your credibility. Never lie. It is counterproductive to your case. It is especially harmful if you lie to your attorney. Surprise information from the defense that you were aware of can be devastating to your case.

3. Be The Strong Silent Type

If you fail to communicate with either your physician or your attorney, you are risking the outcome of your case. In court a physician can testify about symptoms as long as you shared them at the time of your injury. Complaints and limitations you have suffered that don’t appear in your medical records will not have much of an impact in a case.

4. Talk To The Wrong Person

A very common mistake is saying too much to the wrong people. It is obviously important to be open and frank with your attorney and doctor. However, it is not advisable to share much with medical providers and other attorneys. When involved in a case, talking to the wrong person can be devastating to the outcome. Be sure to pay attention and assume that those “nice” people you are talking with are recording everything you say. Consult your attorney before you answer anyone else’s questions.

5. Select The Wrong Attorney

A general practitioner may not have the same expertise in personal injury cases that an attorney whose sole practice focuses on personal injury. Check educational and professional backgrounds.

6. Procrastinate

If you procrastinate in responding to you attorney’s communications and miss an important deadline, there is little he or she can do to repair the damage. Always promptly respond to your attorney’s communications.


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