3 Things Indiana Plaintiffs Do that Jeopardize Their Claims and How to Avoid Them

The most common way to lose your claim is to do nothing. The law can be very unforgiving if you don’t act in time and follow the proper procedures.

Follow the rules to ensure your case is not dismissed or compromised due to technicalities. Here are some of the most common mistakes that plaintiffs make:

1. Not Having Enough Evidence

There are many ways a plaintiff can jeopardize their case before it even goes to trial, and some of these are easy to avoid.

For example, if you don’t have enough evidence to support your claim, you shouldn’t file the case in the first place. Before you do anything else, ensure you have all the evidence you need to prove your point in court.

The easiest way to prevent this is to gather all the evidence you can before filing the case. You should write down everything that happened during the event and keep track of everyone who could testify on your behalf. If any documents could be helpful, such as medical records, bank statements, or anything else supporting your claim, make copies of them and store them in a safe place.

If you wait until after the case is filed to collect evidence, it might be too late. Moreover, if there’s a statute of limitations on your case (and there usually is), you won’t be able to get any more evidence after filing your lawsuit. This makes it impossible to prove your claim if they decide to settle out of court. It’s better to get everything you can before making an official claim.

2. Settling Too Soon with the Insurance Company without Consulting An Attorney First

Settling with an insurance company because you think it will help you get a bigger settlement is a huge mistake. The insurance adjuster may say they’re willing to pay out what your case is worth, but this is just their tactic to make you settle too early when you could have gotten even more.

Insurance companies are not on your side and don’t want to give you everything you deserve. It’s in their best interest to pay as little as possible to save money and turn a profit for their shareholders. Even if the insurance adjuster makes promises or offers you something like a rental car or money for medical bills, it’s important to remember that these things aren’t guaranteed.

There’s nothing stopping them from changing their mind later and taking back those things they gave you under the guise of “having new information.” So what should you do instead of settling too quickly? Hire a personal injury lawyer in Gary, Indiana, who can evaluate your case and negotiate on your behalf.

3. Not Seeking Medical Help for Their Injuries

If a plaintiff fails to seek medical treatment, it may harm their case. Insurance companies and defense attorneys may argue that the injuries were not serious or not caused by the accident. To avoid this mistake, plaintiffs should get medical treatment as soon as possible after an accident and continue their treatments (medication, physical therapy, counseling, etc.) as recommended by the experts. 

4. Not Keeping Track of Medical Bills and Other Expenses

A plaintiff who wants to win the case keeps track of all their medical bills and any other pertinent information about their case. This is a bit of work, but it’s well worth it when you consider the benefits.

First of all, keeping track of medical bills lets you know exactly how much your claim is worth—if you don’t know what you have to spend out-of-pocket, you might underestimate the value of your claim and settle for too little. If your health insurance covers some expenses, you can deduct those from your total.

You should also keep track of any other expenses related to the injury—transportation costs to and from appointments and the like. Even if you only claim reimbursement for medical expenses, these extra costs can help round out your claim.

5. Posting About the Case on Social Media

Plaintiffs should be careful about what they post on social media. Insurance companies and defense attorneys may use this information to undermine their claims. To avoid this mistake, plaintiffs should refrain from posting anything related to their case in any online public space.

The Bottom Line

Always remember that there are two sides to every lawsuit. And while it’s common to be frustrated by the process, it doesn’t mean you can ignore your responsibilities as a plaintiff. Remembering these basic guidelines can help ensure you give yourself the best chance of winning your lawsuit and getting the settlement you deserve to move on with your life.