Lawsuit Mistakes to Avoid
Lawsuit mistakes to avoid are a stressful experience, and it is easy to make mistakes that can jeopardize your case. Whether you are a plaintiff or defendant, hiring an experienced attorney, keeping accurate records, being honest, managing expectations, responding in a timely manner, preparing for trial, and controlling emotions are critical steps to avoiding mistakes and achieving a favorable outcome.
One of the biggest mistakes a physician or hospital can make is not securing expert review as soon as possible after receiving notice of a malpractice lawsuit, says Kelli L. Sullivan, JD, shareholder with Turner Padget in Columbia, SC. “Doing so can save the client both time and money,” she explains. It is also important to avoid altering medical records, regardless of the motive. “This can be a significant problem for physicians,” Sullivan says, because it could constitute a violation of the medical license or even a felony in some jurisdictions.
Lawsuit Mistakes to Avoid: Tips for a Stronger Case
Another common mistake is failing to properly research legal matters and statutes before a trial, especially in cases involving breach of contract. While the internet provides a great deal of information, it is not always reliable. “It’s essential to use reliable legal databases that update frequently,” Sullivan says.
It’s also a mistake to assume that litigation is the only solution in a dispute, particularly when it can be expensive and disruptive to business operations. Alternative dispute resolution methods such as mediation can be more efficient and cost-effective. Taking the time to perform a cost-benefit analysis can help determine whether litigation is worth the expense.