Filing A Lawsuit: 5 Mistakes

As with most things, there is a right way and a wrong way to go about filing a lawsuit at the Lake of the Ozarks. In order to be successful, you have to pay close attention to the little details. If you miss even one, you risk jeopardizing your entire case. Here is a quick list of some common mistakes people make and how to avoid them, courtesy of the team at Phillips, McElyea, Carpenter, & Welch, P.C.


Mistake #1: Talking About Your Case
When you're in the middle of a lawsuit, you will probably be contacted by several different parties, including insurance adjusters and your opponent's attorney. The important thing to remember is that you are generally not required to speak to them about your case - and saying the wrong thing could hurt you more than it will help. We recommend eliminating this risk by deferring all communication to your Lake of the Ozarks attorney.

Mistake #2: Waiting Too Long To File Your Case
The Statute of Limitations limits the amount of time you can wait before filing a lawsuit. If the Statute of Limitations has expired, you may not be able to file a case. This is especially relevant for personal injury cases. Check with your personal injury attorney to find out what the Statute is for your specific case.

Mistake #3: Treating Your Case Like Your Friend's Old Case
In some situations, you may have a friend who has dealt with a case similar to yours. The important thing to remember is that every case is different; the settlement your friend received will likely be different than the one you will receive. Trust that your attorney will be working to help you achieve the best possible results for your unique case.

Mistake #4: Withholding Information From Your Attorney
It's your attorney's job to represent your case in the best possible light and to build a solid defense for your specific situation. However, even the most experienced Lake of the Ozarks attorneys need to know all of the facts about the case in order to be successful. The urge to shade the truth to your advantage may be only human, but it can be extremely detrimental to your case.

Mistake #5: Posting On Social Media
With the incredible purveyance of social media in our lives today, defense attorneys and insurance adjusters frequently turn to Facebook, Twitter, and other platforms when searching for evidence to support their case. You should be very careful about what you post all the time, but you should be extra cautious if you are in the middle of a lawsuit. Often, we encourage our clients to refrain from posting anything on social media during the case proceedings.

Your Attorney Can Guide You Through Your Case
If this is your first lawsuit (oreven if it's not), you don't want to risk hurting your chances by making a foolish mistake. Your Lake of the Ozarks lawyer will be able to help coach you on what is (and what is not) acceptable to say or do. If you ever have any questions about your lawsuit, please know that we are always available.

Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation. Evening and weekend appointments are available. We have access to interpreters.

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85 Court Circle N.W., P.O. Box 559
Camdenton, MO 65020   GET A MAP
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