What Mistakes Could I Make That Might Harm My Claim?

November 21, 2019

by ogkdev

personal injury attorney

This is a question that all personal injury claimants should ask; unfortunately, very few do—and unless you hire a dedicated attorney, you might not receive the insight you need to avoid critical mistakes. Our Riviera Beach pharmacy error lawyers will carefully explain exactly what you need to do (and not do) to prevent the disputes that often arise in these cases.

Bear in mind that the defendant will be more than eager to find weaknesses in your case that can be exploited to reduce your financial recovery (or to deny your claim outright). It’s important that you don’t give them any reason to challenge your case. You can protect your claim by avoiding the following errors and oversights:

  • Giving a Recorded Statement: You may be contacted by the opposing party or their insurance provider within just a few days of discovering that the pharmacy error occurred. During this phone call, it is likely that you will be asked to provide a statement regarding the pertinent facts of your case—the type of error that occurred, when you identified the error, the kinds of medical care you’ve received since, your symptoms, the types of injuries and/or illnesses you’ve suffered, etc. While you might think that your responses could only strengthen your claim, especially if you go into detail about the severity of your injuries, it is NEVER a good idea to provide a recorded statement to the opposing party without first seeking legal counsel. Once you hire a Riviera Beach pharmacy error personal injury attorney, your personal injury attorney will handle this dialogue for you so no harmful statements are made.
  • Accepting an Early Settlement: Insurance companies know that most people don’t have an in-depth understanding of the case law and statutes pertaining to tort claims. They may try to exploit your lack of familiarity with these proceedings by offering a low settlement early on in the hopes that you will accept it without consulting a personal injury attorney in Riviera Beach. It is wise to speak with a seasoned lawyer before agreeing to a settlement.
  • Failing to Take Reasonable Steps to Minimize Your Damages: Pharmacy errors can cause devastating injuries and illnesses that can take months or even years to heal. While you recover, it will be your duty to take reasonable steps to minimize your healthcare costs and other damages. This is called “mitigating damages.” If you ignore your doctor’s orders or do something that causes your condition to worsen or draws out your recovery, the opposing party will likely try to get your damages award reduced.
  • Posting About Your Injury or Case Online: Social media gives you easy access to your closest and most trusted friends and family, but they might not be the only ones who see your posts. The insurance adjuster might monitor your profiles for photos, text posts, and videos that can be used to dispute liability or the severity of your damages. For example, if a photo surfaces of you going out with friends (against your doctor’s orders)—whether you posted the photo or you were tagged in one—you might face a dispute over a failure to mitigate damages. Call 772-266-5555 to speak with a personal injury attorney.