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Mistakes To Avoid When Filing a Personal Injury Lawsuit In Colorado Springs

Aug 28, 2023

If You Want To Know How To Win a Personal Injury Lawsuit, You Need To Know The Mistakes To Avoid

Obtaining the maximum compensation available in a Colorado Springs personal injury lawsuit isn’t just a matter of knowing what steps to take; it also involves knowing what mistakes to avoid. Before and after you file suit, there are ample opportunities to make catastrophic errors that could doom your chances of obtaining the money and resources you deserve and need after a serious accident.

After being injured due to the actions or inactions of someone else, a personal injury lawsuit may be your first experience with litigation, the court system, and the complex laws, rules, and procedures that govern injury cases. This means that you don’t know everything you don’t know about personal injury lawsuits. That understandable unfamiliarity with the process creates a legal minefield that could blow up your ability to obtain compensation.

To give yourself the best chance of success in a personal injury lawsuit, remember these five mistakes to avoid.

A Delay in Hiring an Experienced Personal Injury Lawyer

Right after an accident, hiring a lawyer or filing a lawsuit may not seem like a top priority. After all, you and others may be hurt and need immediate medical attention, or you may simply be trying to keep your head about you and gather yourself together.

However, any delay in finding and hiring a personal injury lawyer is one of the most critical mistakes to avoid after an accident.

Colorado law has strict time limits for filing claims arising from your injury or accident, some of which are extremely short. Also, the insurance company on the other side will already have an army of lawyers on the case trying to find ways to minimize the amount they have to pay you or avoid paying you altogether.

Quickly hiring a lawyer can help prevent them from getting that head start, placing you in the position to recover compensation for your injuries, pay your bills, and make up for lost earnings.

Failing To Gather Or Preserve Evidence

After an accident or injury, no one is expecting you to turn the scene into an episode of “CSI: Personal Injury,” but gathering as much information and evidence as you can immediately after your accident can help preserve essential details that can be useful when negotiating with the insurance company or at trial.

Memories fade, evidence deteriorates, and witnesses can disappear. So, take pictures, get any witnesses’ names and contact information, and preserve any physical material relevant to the accident.

Related mistakes to avoid also involve relying solely on a police report to record the circumstances of an accident. At first glance, this report may appear to be an easy way to get information for your potential lawsuit. Indeed, requesting the Colorado Springs police report is one of the first steps your personal injury attorney will take in determining the amount of compensation you may be entitled to. But a wise attorney knows that a police report is not infallible. Why?

KB mistakes to avoid when suing for personal injuryFirst, because the police arrive after the accident, the report they file is necessarily limited to second-hand accounts of the incident.

Second, a police report will be biased toward broken traffic laws, not necessarily toward the side of injury victims.

Finally, receiving a traffic ticket after an accident is not an admission of guilt for sustained injuries.

Obtaining and preserving evidence on your own can give your personal injury lawyer an advantage in putting together a strong case.

Read More: Does a Traffic Ticket Matter in Car Accident Injury Lawsuits in Colorado?

Negotiating With Insurance Companies Without Your Attorney

If an insurance company represents the party who caused your injuries, you are wise to remember that the company is not your “good neighbor,” and they are not “on your side.” One of the biggest mistakes to avoid after an accident is trusting that insurance companies are looking out for your best interests.

Like all for-profit businesses, the main goal of insurance companies is to make money. The more they pay in claims and the more they have to pay attorneys to defend their insureds, the less they make in profits. As such, the insurer on the other side of your case will do anything they can to pay you as little as they can on your claim.

The insurer knows you have medical and other bills to pay and may be out of work. Insurers will manipulate those pressures and try to convince you to accept an amount far less than what you deserve or could obtain if you had an experienced personal injury lawyer on your side who won’t be fooled or intimidated by their pressure tactics.

Related: What You Should Never Say to a Car Insurance Company

Not Telling Your Lawyer Everything – Even Bad Things

Your personal injury lawyer works for you and is there to fight for you. To be the most effective advocate for you, they need you to be open and honest about your accident and injuries so they can thoroughly understand your case. Holding back or hiding anything, even if you think the information could hurt your claim, is one of the mistakes to avoid that will directly affect how your attorney approaches the negotiation table on your behalf.

The information will likely come out at some point, and sooner is better than later. Remember that the attorney-client privilege protects everything you discuss with your lawyer and cannot be revealed to anyone else.

KB mistakes to avoid when suing for personal injuryNot Listening To Your Lawyer

If your attorney asks you to see a doctor or take (or not take) any other actions, they are doing so for a reason. A good personal injury attorney will tell you what they need you to do and fully explain why you must take those steps.

Remember that you are hiring them because they are experts in personal injury law, and ignoring their advice is one of the mistakes to avoid at all costs when filing a personal injury lawsuit in Colorado Springs.

Make No Mistake – Obtaining Maximum Compensation Requires Expert Legal Representation

After receiving injuries in an accident, the last thing on your mind may be hiring an attorney. However, any delay in meeting with and hiring a Colorado Springs personal injury accident attorney can significantly impact your ability to gain maximum compensation for your injuries.

The experienced and tenacious attorneys at King & Beaty are standing by, ready to discuss your accident and injuries in your free, confidential consultation.