Mistakes

   

10 Common Mistakes That Can Ruin Your Personal Injury Case

The book provides a list of what is to be considered 10 common mistakes that can ruin your personal injury case. The list is based upon years of experience witnessing such mistakes, as well as conversations with lawyers and judges. For a full list please order the book.

  • Hiring the Wrong Lawyer From the Beginning.

Sure their ad claims that they handle “Serious Personal Injuries,” but they may actually have little or no trial experience. If this is the case, then you can assume the insurance company knows this.

In Wisconsin, it is very difficult to fire your lawyer and then find another lawyer to represent you. Do your homework before hiring a lawyer. For more information, including a detailed discussion of how to make an informed, educated decision on hiring a lawyer, order the free book, “A Consumer’s Guide: Choosing a Personal Injury Lawyer in Wisconsin.”

  • Not Being Completely Honest With Your Lawyer.

Good personal injury lawyers can be quite creative when dealing with negative facts. However, when clients fail to disclose negative facts to their lawyers, then the lawyer is put in a very difficult position.

The most common example of failing to disclose all pertinent facts is when clients fail to tell their lawyers that they have had prior accidents or injuries to similar body parts. Wisconsin has a very favorable jury instruction on aggravation of a pre-existing condition. However, if the lawyer is not aware of this prior injury at the outset, then proper case strategies cannot be implemented.

  • Exaggerating Your Symptoms

One of the most common defenses in any personal injury case is that the injured party was experiencing more pain than they should have experienced, considering the nature of the injury.

The defense will imply that the injured person is exaggerating their symptoms in an attempt to get more money. Jurors can be very receptive to this argument, especially in cases where there are claimed injuries that cannot be seen, e.g. mild traumatic brain injuries, whiplash injuries, etc. If there is any documentation that could suggest exaggeration of symptoms, then you can bet that the insurance company will make it a central part of their case.

In describing your symptoms to your doctor, the defense doctor, your lawyer, the other side’s lawyer at your deposition, and your friends, be as descriptive and accurate as possible, but NEVER EXAGGERATE. Although one of the most important qualities of a good doctor is the ability to listen, some doctors are not good at it. Most people have experienced the doctor that seems to have already decided on the course of treatment prior to entering the examination room. This behavior can lead an injured person to attempt to get the doctor’s attention by exaggerating. Don’t do it.

The book contains a section entitled "5 Ways to Get Your Doctor's Attention." This provides the reader with a list of ways to grab your doctor's attention WITHOUT exaggerating your symptoms. Doctors are busy and there are certain ways to get them to pay attention to you and your symptoms. Effective and efficient communication, along with certain "key words" will allow you and your doctor to be on the same page and it will also allow your doctor to effectively note your pain in your medical records.

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To learn more about what should be done after every personal injury accident, order your free copy of A Consumer's Guide: Personal Injury Claims in Wisconsin/a>.

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For a limited time we are offering all Wisconsin residents a free copy of the book "A Consumer's Guide: Personal Injury Claims in Wisconsin."