How to Avoid Common Legal Pitfalls in Your Dallas Personal Injury Case
When you’re injured due to someone else’s negligence, navigating the legal process can feel overwhelming. Many accident victims unknowingly make mistakes that hurt their chances of receiving fair compensation. Understanding common legal pitfalls in personal injury cases can help protect your rights and maximize your recovery. McGilberry & Shirer, experienced personal injury attorneys in Dallas, TX, are here to guide you through the process and ensure you avoid costly mistakes.
1. Failing to Seek Immediate Medical Attention
Delaying medical care after an accident can weaken your claim. Insurance companies often argue that your injuries were not serious or were caused by something other than the accident. Seeking medical attention right away creates an official record of your injuries, strengthening your case. Even if you feel fine initially, some injuries, such as whiplash or internal bleeding, may not appear until later.
What You Should Do:
- Visit a doctor or emergency room as soon as possible after your accident.
- Follow all medical advice and treatment plans.
- Keep copies of medical records and receipts.
2. Giving a Recorded Statement to Insurance Companies
Insurance adjusters may contact you soon after your accident, requesting a recorded statement. While they may seem helpful, their goal is to minimize the payout for your claim. Anything you say can be used against you. Avoid discussing fault, the severity of your injuries, or any other details without consulting an attorney.
What You Should Do:
- Politely decline giving a recorded statement.
- Consult with a Dallas personal injury lawyer before communicating with insurers.
- Let your attorney handle negotiations on your behalf.
3. Accepting a Low Settlement Offer Too Soon
Insurance companies often offer quick settlements to accident victims. These initial offers are usually much lower than what you deserve. Accepting a settlement too soon can leave you without enough compensation for future medical expenses, lost wages, and pain and suffering.
What You Should Do:
- Consult an attorney before accepting any offer.
- Evaluate the full extent of your injuries and financial losses.
- Allow your lawyer to negotiate for a fair settlement.
4. Posting on Social Media About Your Case
Anything you post on social media can be used against you in a personal injury case. Insurance companies may look for posts that contradict your injury claims. For example, if you claim to have a serious back injury but post a picture of yourself at a party, it could be used to question your credibility.
What You Should Do:
- Avoid discussing your accident, injuries, or case online.
- Set your social media accounts to private.
- Inform friends and family not to tag you in posts related to physical activity or outings.
5. Failing to Gather Evidence at the Scene
Strong evidence is crucial to proving fault in a personal injury case. If possible, collecting evidence immediately after an accident can help build a strong claim.
What You Should Do:
- Take pictures of the accident scene, your injuries, and any property damage.
- Get contact information from witnesses.
- Obtain a copy of the police report if law enforcement responded.
6. Missing the Texas Personal Injury Statute of Limitations
In Texas, the statute of limitations for filing a personal injury claim is two years from the date of the accident. If you fail to file within this timeframe, you may lose your right to seek compensation.
What You Should Do:
- Consult a personal injury attorney as soon as possible.
- File your claim within the legal deadline.
- Keep track of important case deadlines.
7. Admitting Fault
Many accident victims feel the need to apologize or take partial blame for an accident, even when they are not at fault. Admitting fault can damage your case, as Texas follows a modified comparative negligence rule. If you are found more than 50% responsible, you may not be eligible for compensation.
What You Should Do:
- Avoid apologizing or admitting fault at the scene.
- Let your attorney handle all communications about liability.
- Stick to the facts when discussing your case with anyone.
8. Not Hiring an Experienced Personal Injury Attorney
Many accident victims try to handle their cases alone, believing they can negotiate with insurance companies without legal help. Unfortunately, insurance companies take advantage of unrepresented claimants, often offering significantly lower settlements.
What You Should Do:
- Hire a qualified Dallas personal injury lawyer with experience handling cases similar to yours.
- Choose an attorney who works on a contingency fee basis, meaning you don’t pay unless you win.
- Let your attorney handle negotiations, paperwork, and legal strategies.
Get Expert Legal Help From McGilberry & Shirer
Avoiding these common pitfalls can help ensure that you receive the compensation you deserve. The Dallas personal injury attorneys at McGilberry & Shirer have over 60 years of combined experience helping accident victims recover compensation for medical expenses, lost wages, and pain and suffering. Our team is ready to fight for your rights and handle every aspect of your case.
Call Us Today for a Free Consultation
If you’ve been injured in an accident, don’t risk making mistakes that could cost you your claim. Contact McGilberry & Shirer at 972-764-8675 to schedule a free consultation and learn how we can help you get the justice you deserve.
