Mistakes Commonly Made By Plaintiffs in a Personal Injury Lawsuit By Moody Law | Personal Injury Attorneys on October 18, 2020

Lady Justice statueWhether someone is involved in a car accident, a workplace accident, a slip or fall, or another injury-causing event, they are likely to suffer physical, emotional, and financial losses. A personal injury lawsuit allows victims to hold liable parties accountable for the damages they cause. 

For most individuals, pursuing a personal injury lawsuit is a new experience, so naturally mistakes are made. The team of personal injury attorneys at Moody Law, serving Lakeland, FL, Winter Haven, FL, and surrounding areas, offers legal expertise that helps clients avoid the mistakes commonly made by plaintiffs in a personal injury lawsuit.

Not Working with an Attorney

Failing to work with an attorney is one of the most common mistakes made by plaintiffs in a personal injury case. People often believe that they are capable of handling their own case, or that their insurance company will protect them. However, personal injury cases involve complex laws, and insurance companies are quick to take advantage of an injury victim without legal representation.

It is understandable that some injury victims may worry about the cost of hiring an attorney. However, most personal injury attorneys are paid on a contingency basis, meaning they are only paid if the plaintiff receives financial rewards. Not only that, but personal injury attorneys are usually able to collect higher settlements for their clients, which means they are often better off financially, even after paying legal fees, than they would have been if they represented themselves. 

Taking an Initial Settlement Offer

When an accident occurs, insurance companies (or the defendant's legal team) usually offer a settlement pretty quickly. This initial settlement can be enticing, because it closes the case and leaves plaintiffs with a sizeable amount of money. Unfortunately, these early settlements rarely take into account the full extent of injury losses, and that is what insurance companies are counting on.

The personal injury attorneys at Moody Law work with our Lakeland clients to understand the full losses of their accident. We negotiate back and forth with the defendant’s team until we collect a settlement that justly compensates our clients. If a settlement cannot be reached, our legal team is prepared to fight in court to get our clients the financial rewards they are due.

Lack of Substantial Evidence

A personal injury case depends largely on evidence. If plaintiffs are unable to present evidence that proves accident liability and demonstrates the extent of damages, their case is not likely to be a success. 

Evidence is strongest immediately following an accident, so injury victims should begin collecting information as soon as possible. Good sources of evidence in a personal injury case include:

  • Photos of the accident scene and resulting injuries
  • Witness statements
  • Police reports
  • Medical records

Skipping Medical Treatment

Medical records are one of the most important sources of evidence in a personal injury case. If plaintiffs fail to seek medical treatment, or if they skip scheduled appointments or procedures, the defendant can use that to argue that the plaintiff’s injuries aren’t actually as bad as they claim. It is important that injury victims seek medical treatment as soon as possible following an accident, and that they follow through with all recommended treatments.

Exaggerating Injury Claims

Few things can compromise a case more than dishonesty. Even if a plaintiff just slightly exaggerates their injuries or the details of their accident, they put their whole case in jeopardy. Our attorneys work with the facts of a case and present them in a way that demonstrates the full extent of our client’s losses, without relying on exaggeration or overstatement of facts. Even the most minor injuries can result in substantial financial losses, so there is really no reason for plaintiffs to be less than truthful when discussing accident injuries and damages.

Contact Our Legal Team

If you’ve been injured in an accident that was caused by another’s reckless or negligent actions, you owe it to yourself to contact a knowledgeable attorney. The personal injury attorneys at Moody Law can help you avoid common plaintiff mistakes so that you receive the compensation you are due for injury damages. To learn more, send us a message or call (863) 284-9090.

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Daniel D. Moody, J.D., B.C.S.

Moody Law, P.A.

Moody Law was founded by Daniel D. Moody for the sole and exclusive purpose of representing the injured. Our main office is centrally located next to the Polk County Courthouse in Bartow, FL, serving Lakeland, Winter Haven, and all the other communities of Polk County.  Some of Mr. Moody’s honors, memberships, and associations include:

  • The Florida Bar Board Certification – Civil Trial Specialist
  • AV PREEMINENT Martindale-Hubbell Lawyer Ratings
  • Life-member Multi-Million Dollar Advocates Forum
  • Best Attorneys of America – Rue Rating Lifetime Charter Member
  • National Trial Lawyers: Top 100 Trial Lawyers

To schedule a free, no-obligation consultation, contact us online or call (863) 733-9090.

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“Our experience with Moody Law has been awesome, from the first day of calling and talking with the front desk staff and meeting with everyone through the whole process, everyone has been helpful in helping us to resolve this matter.”

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