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7 Key Mistakes to Avoid While Filing a Personal Injury Lawsuit in the US



Personal Injury

Personal Injury

The US is a country that holds personal injury lawsuits in high regard, considering them to be the only way through which victims of accidents can get compensated for their pain and suffering. However, many people don’t know how to file this type of lawsuit properly and end up losing the case.

In this article, we’ll give you some tips on what mistakes not to make while filing your injury lawsuit.

Not Understanding the Statute of Limitations

The statute of limitations is the time limit for filing a personal injury case. Every state has its statute of limitations, so you must be familiar with the one that applies to your situation. The time limit varies from state to state and depends on what type of injury you have suffered, as well as where it happened and whether or not it resulted from someone else’s negligence.

For example, if you are injured at work because your employer failed to provide adequate safety equipment, then your state’s statute of limitations may be three years in most states.

As per ILO, some 2.3 million men and women succumb to work-related accidents or diseases globally, which is more than 6000 deaths per day. Every year approximately  340 million job accidents happen worldwide, and 160 million job-related illnesses.

Missing Out on Pre-filing Investigation

Filing a lawsuit without having gathered all the facts about your case can hurt your chances of success. For this, you should also look into whether there are any prior incidents between these people involving similar circumstances.

For example, more recently,  a judicial panel created a mass Tylenol Lawsuit against the manufacturers and major retailers of the drug Tylenol. Under the lawsuit filed, individuals diagnosed with Autism or ADHD whose mothers took Tylenol during pregnancy have claimed that they were not warned about the increased risk of Autism and ADHD associated with Acetaminophen (a main ingredient of Tylenol) usage during pregnancy.

According to a report on Reuters, 18 consolidated claims against Tylenol retailers were sent for pretrial proceedings in Manhatten in October this year, and an additional 48 cases were sent to a newly created multidistrict litigation.

Hiring an Inexperienced Lawyer

If you hire an experienced lawyer, they can help you get the best results possible. Experienced personal injury attorneys know all the ins and outs of personal injury claims and can advise their clients on what to say and do in court. The more experience they have, the better because they have a track record of success with previous cases.

Hiring a Lawyer Who Has Conflicts of Interest

As per IBIS World, there are 60,670 personal injury lawyers and attorneys businesses in America. With the profession seeing a growth of 6.5% in 2022. Still, conflicts of interest are a common problem in the legal profession.

There can be a financial, personal, or professional conflict of interest, leading to a loss of trust between you and your lawyer. A good personal injury attorney will avoid conflicts of interest where possible.

For example, he should not be representing both sides in any lawsuit or dispute (dual representation). He should also disclose all potential conflicts of interest before you sign an agreement specifying that he’s your lawyer.

Expecting Immediate Results

The court system is slow. It can take years to get a trial date, and even then, the trial may not happen for months or years after that. A lawyer might be able to get you a quick settlement, but it will cost you.

You could end up with nothing if you settle too soon. The best thing to do is wait until your injuries have healed before filing suit against anyone or any company that may have been responsible for them.

Not Seeking Medical Attention Right Away

You should seek immediate medical attention if you have suffered injuries as a result of an accident or other incident. Sometimes, you may think that your injury isn’t severe enough to warrant going to the doctor, but you must receive proper medical attention after being injured. Even seemingly minor injuries can lead to serious complications if they go untreated.

Moreover, in some cases, it is necessary for a plaintiff (the person suing) to prove that their injuries were serious enough for them to receive medical treatment. If you don’t get any care right away and then try filing suit later on down the line when your condition has worsened significantly, this could hurt your case by making it harder for jurors and judges to believe what happened during the incident in question.

Not Being Ready to Go to Trial If Necessary

If you are not prepared to go to trial, you will likely lose your case. If the other party does not agree with your position and/or is unwilling to accept a settlement offer, then you may need to go through with a trial.

In this case, you must fully consider all of the possible outcomes of such an event and are ready for anything that may happen in court.


These are all important considerations to keep in mind when you’re making decisions about your case. While the process of filing a personal injury lawsuit can seem overwhelming, it doesn’t have to be.

By making sure that you understand all of the legal options available and taking care of each step along the way, you can increase your chances of getting an outcome that works for you and your family.

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