Car accident lawsuits can be complicated. Beyond the police reports and determining whose fault it was, there are insurance companies, settlement negotiations, and possibly medical records and files to go through. The average car accident claim can take a year or more, and that’s if everything goes smoothly.
But this is the real world, and nobody’s perfect. So here are three mistakes you can make when filing a car accident lawsuit, and how to avoid them.
Obviously, if you lie about the extent of you injuries or the circumstances of the accident, your lawsuit could be unsuccessful or barred from court entirely. So while we recommend documenting as much about the car accident as possible right away, we also suggest documenting it accurately and honestly, as well as looking at your notes and photos later so you don’t misremember the incident. (You should also be on the lookout for staged car accidents and driver scams in case another driver is lying about the accident.)
2. Social Media
Yes, social media posts can sabotage your injury claim. How? Generally by revealing that you are less injured than you claim to be. But revealing confidential information regarding settlement negotiations or details about an actual, confidential settlement could invalidate the settlement. And posts threatening other parties usually don’t go over that well, either. So you may want to refrain from referencing your case or posting photos of yourself doing something you shouldn’t be doing.
3. Statute of Limitations
Just about every injury claim has a time limit before which you must file the case. Known as statutes of limitation, these laws can keep you from ever filing a lawsuit if you don’t meet the deadline. The statute of limitations can vary depending on your state and the type of claim you’re filing, and are generally 2-5 years for most car accident injury claims. So make sure you’ve got a good handle on your car accident lawsuit timeline.
The best way to avoid these common mistakes is to talk to an experienced car accident attorney who can help you with your lawsuit.
- Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
- 5 Car Accident Myths (FindLaw’s Injured)
- 3 Tips to Prepare for a Car Accident Claim (FindLaw’s Injured)
- Can You Still Sue If the Accident Was Your Fault? (FindLaw’s Injured)