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7-mistakes personal injury claimants in IL make

March 31, 2020

1. Failing to preserve evidence after an IL Personal Injury

An Illinois personal injury claimant’s serious injuries and immobility often prevent them from gathering or preserving any evidence themselves. At trial, a jury hears evidence through a witness’s testimony and exhibits. So, it is critical you contact an experienced Glenview or Chicago personal injury attorney, like Cullotta Law Offices.  

Attorney Cullotta, in Glenview, IL is available 24/7.  Prevent this common mistake and contact Cullotta Law Offices if you, a friend, or a family member  have been involved in an accident that caused a serious personal injury. 

2. Not promptly seeking medical attention

You must not be injured if you didn’t seek treatment right away, otherwise, why wouldn’t you seek treatment, right? 

No insurance.

Not seeking treatment because you don’t have health insurance is not a reason a jury can never hear about. In fact, if you mention the word insurance during a personal injury trial, the judge will probably declare a mistrial because a jury can never hear about insurance. Hence,  not having health insurance is not a possible explanation at trial because it is inadmissible evidence.  

There really is no reason to not seek medical attention for your health and safety.  Prevent this common mistake and contact Cullotta Law Offices if you, a friend, or a family member are ever involved in an accident that causes a serious personal injury.  We can help ease your worry, such as suggesting what you can do to get the treatment you need when you are without health insurance.  

3. Signing the insurer’s medical authorization form

It is a big error to sign the insurer’s medical authorization form.  You will be the insurance company to learn about irrelevant and possibly medical information that is protected, such as mental health information.  Even worse, if you do not know what information is and is not relevant, once it is disclosed you have waived the privilege you may have had. 

Once privilege is waived, you cannot reverse the damage.  Even if the information is accidentally released, the privilege is waived. This is another common mistake that Personal injury c laments makes.  Hiring a Personal Injury Lawyer, like Cullotta Law Offices, will prevent you from making this common mistake.   

4. Providing the defendant’s insurance adjuster a statement

A common misconception is thinking anything you say or write Relevant to your personal injury claim can not later be used against you. Your opponent’s attorney may ask you questions during a deposition and or a trial unless it falls under a privileged.  For example, talking to your attorney is an attorney-client privileged communication.  You are not required to give a statement to the Defendant’s insurance company.  They will record you and had you hired an attorney, like Cullotta Law Offices, we would communicate with the Defendant’s insurance company on your behalf. 

5. Not following treatment recommendations 

If you do not follow your doctor’s recommendations, you have failed to minimize your damages. You may have contributed to your prolonged need for treatment and possibly your failure to get better.  For example, if you are injured in a car accident and suffered a broken leg and your doctor recommends physical therapy (PT) but you decide it’s not worth your time. Well, you just made the common mistake of failing to follow your doctor’s recommendations.

This common mistake leads a jury to believe you must not trust what your doctor says, so why should they. You are also likely to take longer to get better and blamed (as contributorily negligent for failing to minimize your damages) for your continuing pain and suffering longer.  You, likewise, are going to have a hard time establishing permanent damages if you’re not following your doctor’s medical advice. 

6. Writing a detailed and dramatized demand letter – 

There are certain things to say and not say in a demand letter. Hire an attorney, like Cullotta Law Offices, to maximize personal injury settlement.  We know what and how to communicate your demands to the at-fault party or Defendant’s insurance company.  

7.  Not telling the whole truth

Lying is a huge mistake. For example, exaggerating your injuries, pretending to be injured, or not telling the whole truth at any point in your claim or case could cost you everything. Lying at trial costs you your credibility and violation of your oath to swear to tell the truth. Lying to your lawyer can be a basis for your lawyer withdrawing from your case.

It’s detrimental to a lawyer working up your case and damages.  Lying to an insurance company may cost you your insurance, denying any policy cover.  Lying to defense counsel can also result in sanctions and costs against you.

If you or a family member are involved in an accident that causes a personal injury, prevent these common mistakes  and contact Cullotta Law Offices in Glenview, IL.

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