Common Mistakes in Personal Injury Cases

Made up of experienced personal injury lawyers, our firm successfully handles hundreds of contested personal injury claims each year. While all of our clients have a good basis for obtaining monetary relief, there are common errors that are made by others that may hurt a personal injury case in the event it goes to a trial. At Colombo Law, we often provide guidance on the importance of consistency to reduce the possibility that mistakes will be made that will reduce a client’s maximum amount of recovery. If you or someone you know has been involved in an accident or incident which resulted in injuries, Colombo Law encourages you to share this page with them and have the individual contact us for information and assistance.

In personal injury cases, injured parties must successfully prove that there were damages in order to receive any form of monetary compensation. Proving damages is often more simply when it comes to damages for things like damages to a motor vehicle or lost work. However, the most contested area in personal injury actions is the extent of damages a person received. To ensure you have the highest probability of success and recover the maximum amount possible, you should avoid making the following common errors:

  • Failing to Obtain Medical Treatment: Many individuals are injured at the time of accident but fail to seek medical treatment. Our attorneys have heard a variety of reasons for doing so including having to pick up the kids from school, attend workplace meetings, or meet deadlines, and most commonly feeling no pain immediately after the accident. While all of the reasons for pushing your medical treatment back seem valid, they all hurt your personal injury case. Failing to obtain medical treatment right away may have an impact on your personal injury claim.
  • Failing to Follow Through with Medical Treatment Plan: Another common mistake is failing to follow through with your medical treatment plan. No one asks to become victim to an accident or incident which completely alters your day-to-day lifestyle. Many clients complain of the added appointments and the added level of complications caused by the accident. When things get to be too much, clients often stop attending medical appointments and treatment such as physical therapy and chiropractic appointments. When an insurance company or defendant finds out this information it is almost always introduced as it raises a question regarding the extent of damages.
  • Exaggerating Pain for Lawsuit: Overstating the amount of pain in a personal injury case is extremely damaging to your claim because it hurts your credibility when the exaggeration is exposed. If you speak with your medical doctor, you should only describe the pain that you are in. For instance going to the doctor’s office in a neck brace and describing neck and back pain as a 12 which prohibits the injured party from walking and/or lifting anything may send off a red flag for a minor accident. Insurance companies often hire private investigators for claims that indicate red flags. If an investigator later records that person two days later walking out of the front door of their home without their neck brace and carrying a bag of groceries, it will appear as untruthful. This is more damaging to your claim than helpful because it can delay or destroy any award that may have been offered.

About Colombo Law

Colombo Law is a full service personal injury law firm located in Morgantown,West Virginia. Our attorneys assist clients who have been injured in an accident or incident in the state of West Virginia.


by Colombo Law
Last updated on - Originally published on