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Four ways to avoid being your own enemy in a personal injury case

On Behalf of Wieland & DeLattre, P.A. | Apr 3, 2025 | Auto Accident |

After a serious car accident, you need to consider legal action to find accountability, recover compensation and secure closure on what’s been a dark chapter of your life. Depending on the facts of your case, you might have a strong chance of obtaining the outcome that you want, too. Of course, you’ll have to gather and persuasively present compelling evidence to support your personal injury claim to meet the burden applicable in your case, but there are also several ways that you can inadvertently become your own worst enemy in one of these cases. And if that happens, you could lose out on the compensation that you desperately need and deserve.

There are several misguided decisions that can be made during a personal injury lawsuit, any one of which can upend your claim and put you at risk of losing your case. Therefore, as you proceed with your claim, you have to be extra careful to implement the following tips so that you don’t make a misstep that could prove devastating to your personal injury case:

  1. Avoid saying anything that can be construed as an admission of fault: Florida law recognizes comparative fault, which means that any contributions that you’re found to have made to the accident can lead to a reduction in your ultimate compensatory recovery. Therefore, everything you say and do will be under the defense’s microscope as they look for ways to argue that you contributed to the wreck in question. If you say “sorry” at some point after your accident or indicate that you should’ve slowed down or checked your surroundings more thoroughly, then the defense is going to latch onto those statements, and you’ll find yourself playing more defense than you want.
  2. Be diligent in seeking medical care: To recover compensation for the full extent of your damages, you have to present evidence that convincingly speaks to the severity of your injuries, your need for ongoing treatment and how your accident injuries impact your ability to work and live a normal life. If you skimp on your medical care after an accident, then you’ll be cut off from the evidence needed to prove your damages.
  3. Find the right experts: There are a lot of experts out there who are willing to testify in personal injury cases. But experts aren’t on a level playing field. Some are more experienced and reliable than others. You need to make sure you pick credible experts who can support your claim, otherwise they’ll come under attack and the viability of your claim can be damaged as a result.
  4. Know how to handle settlement offers: There’s a strong possibility that you’ll be offered a settlement in your case. That said, you shouldn’t latch onto a settlement offer until you have a realistic sense of your case’s strengths and weaknesses. Only then can you make an informed decision about when it’s right to settle. Otherwise, you could make a decision that leaves you without the compensation that you would’ve acquired.

Move through your personal injury case with confidence

Navigating the complexities of a car accident case can be stressful and overwhelming when you’re simply trying to focus on reclaiming your health and getting back to your normal life. However, you don’t have to let the process daunt you. Instead, you can discuss the matter with your attorney so that you can develop a sound legal strategy that protects your interests and maximizes your chances of winning your case. Hopefully then you can rest assured that you’ve done everything possible to win your case and secure the compensation to which you’re entitled.

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