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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 

Illinois Personal injury (PI) claimants who do not seek the help of a knowledgeable Chicago IL Personal injury attorney will likely not know how and what information is critical to proving fault, damages or all possible negligent parties.

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

Attorney Cullotta, located in Glenview IL is available 24/7 by phone or by using her online contact form. Prevent this common mistake and contact Cullotta Law Offices if you or a friend or family member are ever involved in an accident that causes a serious personal injury. 

2. Not promptly seeking medical attention

You must not be injured. If you were injured then you were not that seriously injured. Otherwise, why wouldn’t you seek medical treatment . Self-diagnosis is not a diagnosis unless you are an Emergency Room Physician.  

 Not seeking treatment because you don’t have health insurance is not a reason a jury can never hear. The reasons are: First, if you filed suit a jury will never learn that you do or don’t have insurance e.  This is why you not having health insurance is the reason for not treating – is not admissible.   A jury can never hear about insurance. 

There is also no excuse for not seeking medical attention when it comes to your health and safety.   Prevent this common mistake and contact Cullotta Law Offices if you or a friend or 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 obtain 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. Generally, your opponent’s attorney has the right to ask you any relevant 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 be communicating with the Defendant’s insurance company on your behalf. 

5. Not following treatment recommendations 

If you do not follow your doctors recommendations, you have failed to minimize your damages. In other words, 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. 

Your doctor recommends physical therapy (PT). You just made the common mistake of failing to follow your doctor’s recommendations.  This mistake leads a jury to believe you must not trust what your doctor says, so why should they.  You are also very 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 doctors 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, it 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 us detrimental to a lawyer working up your cases / 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.

Prevent these common mistakes by contactIng Cullotta Law Offices if you or family member are involved in an accident that causes a personal injury. 


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