Is Your Lawyer Sabotaging Your Personal Injury Claim? 5 Key Mistakes To Watch For
When you hire a lawyer for a personal injury case, you trust them to protect your best interests. But what if they are unintentionally or, worse, knowingly sabotaging your claim? Even small mistakes can seriously affect your chance of securing a fair settlement. Unfortunately, not all mistakes are apparent, and your personal injury lawyer could be making them. Let’s look at some of the biggest mistakes your lawyer could be making and how to address them before they jeopardize your claim.
- Failing To Gather Sufficient Evidence Early On
Strong evidence is the cornerstone of any personal injury claim. If your lawyer isn’t proactive about gathering evidence, however “insignificant,” that’s a major red flag. Essential evidence you and your lawyer should gather includes:
- Photos or videos of the accident scene, injuries, and property damage
- Witness names and contact information
- Any available surveillance footage
- Police reports and medical records
- Receipts and proof of all expenses related to the accident.
- Poor Communication
You should never feel like you’re chasing your lawyer for updates; you ought to communicate clearly and consistently with your lawyer. If you’re left unaware of the progress of your case, it could mean some critical details are not being addressed. Although lawyers handle many cases and may not get in touch every day, going for a month without any progress updates is a huge red flag. Ensure your lawyer provides regular updates, explains the next steps, and is accessible when you have questions.
- Delaying Your Case
Personal injury cases are very time-sensitive. Unfortunately, some lawyers procrastinate, waiting until just before the statute of limitations expires to take action. However, this is a risky move because as time passes, evidence fades, memories weaken, and witnesses may become unreachable. If your lawyer isn’t actively working to move your case forward, they may jeopardize your chance for fair compensation. A lawyer who values your case will take proactive steps to move it forward.
- Not Hiring the Right Experts
Sometimes, a personal injury case may require expert testimony to strengthen your claim. For example, if you’re facing a long-term injury that affects your ability to work, a vocational expert may be necessary to calculate lost earning potential. However, some lawyers avoid working with expert witnesses due to cost concerns or lack of experience. This can weaken your case. Your lawyer should have access to a reliable network of experts who can help improve your case’s chances of success.
- Overlooking Settlement Negotiations
If your lawyer isn’t correctly assessing the value of your claim or pushing for a fair settlement, you could end up accepting less than you deserve. A skilled lawyer will evaluate all your damages and negotiate to secure the best outcome.
What To Do if You’re Questioning Your Lawyer’s Competency
If you’re concerned about how your case is handled, it may be time to talk with your lawyer. Schedule an in-person meeting and ask questions such as:
- What’s the status of my case?
- Has a lawsuit been filed?
- What has been communicated to the other party?
- What’s the timeline and next steps?
- Is there anything I can do to help move the case forward?
If you’re met with vague responses, it may be time to seek a second opinion.
Legal Help Is Available
Contact our Fort Lauderdale personal injury lawyer at The Pendas Law Firm today to discuss your case.
The Pendas Law Firm also represents clients in the Ocala, West Palm Beach, Tampa, Daytona Beach, Fort Myers, Jacksonville, Bradenton, Miami, Orlando, Naples, and Melbourne areas.
