Personal injury cases can be messy in Connecticut. It takes evidence, keen observation, and at least a basic understanding of the law. Many cases are ruined simply because of a missed deadline or a mistake in the law.
“The courts are looking for proof. And everything has to be done on time. A mistake, no matter how small, can ruin your entire case,” says Connecticut personal injury lawyer Russell Berkowitz, founding partner at Berkowitz Hanna Malpractice & Injury Lawyers.
This article explores the common mistakes that people commit in their personal injury cases so that you may be able to avoid them.
Insufficient Evidence to Prove LiabilityÂ
Judges dismiss most personal injury cases in Connecticut just because the party suing is not able to prove that the other party is at fault. In Connecticut, you need real proof, not just assumptions and stories.
You will want photographs, medical records, and accident reports to tell a clear story. This story needs to tie in and point to who was to blame for what happened to you. However, if your evidence is spotty or does not tie in, it may be difficult for judges and jurors to assign blame properly.
Missing the Statute of Limitations DeadlineÂ
In Connecticut, you have just two years to put in a claim for personal injury. If you miss this deadline, then your claim is dead in the water. The courts will not care how serious your injury is.
It is common for people to wait before filing for injury claims. They may be waiting in the hope that they will heal from their injury, or that the insurance company will pay them a decent sum for what happened to them. However, waiting can be dangerous: if you miss this deadline, there is nothing a lawyer can do for you.
Inconsistent or Inaccurate Medical DocumentationÂ
Medical records are a big deal in court. The court looks at the records to see how bad your injuries were and if they have anything to do with the accident. If your records are missing information, do not make sense, or show up too late, your case is going nowhere.Â
Lawyers and insurance companies sift through every hole and every mistake to find ways to reduce your compensation. You need to document everything. You need to write down every doctor’s appointment, every symptom, every bit of advice you get. Without this information, you cannot prove that you were really hurt or that anything even happened to you.
Oversharing Information After the AccidentÂ
Way too many people make the mistake of oversharing. You might talk to an insurance adjuster or start sharing information online. This information is not private.Â
The insurance company is recording every phone call, every internet post, every casual conversation. They use this information to make you look bad and unreliable. You let your personal injury lawyer talk; you do not want to overshare information. You want to keep this information to yourself and offline until your case is over. It is far more protective than you can imagine.
Lack of Qualified Legal RepresentationÂ
Some people believe they will get a bigger payday if they do not hire a lawyer, but they end up with a much smaller payday. Connecticut law is complex, with many factors to consider, including negligence law, deadlines, and insurance. If you make one little mistake, you can ruin a case you should have won, so it is a good idea to get a lawyer.Â
When searching for a personal injury lawyer, you should consider the lawyer’s trial record, success, and knowledge of Connecticut law, not just law in general. A good lawyer is not only familiar with the law but also knows what your case is worth and how to present it so judges and jurors will understand what really went on.
