Introduction
In my professional experience, I have seen how a civil liability lawsuit can determine not only a person’s assets, but also the viability of a business or the financial stability of an entire family. A mistake in preparation or strategy can result in losses of hundreds of thousands of euros, even when the legal grounds for the claim are solid. This is why I consider it essential to identify the most common errors and, above all, learn how to avoid them.
Relying solely on the insurer’s version
One of the most frequent mistakes is accepting the initial explanation provided by the insurance company as definitive. These companies have highly specialized legal teams whose goal is to minimize compensation. If the injured party does not contrast that information with an independent lawyer, they risk accepting an agreement far below what the law actually grants.
I recall a case in which a client initially accepted the insurer’s offer after a traffic accident. When the case arrived at our firm, we were able to prove that the compensation offered was less than half of what was legally owed based on the medical reports and recognized sequelae. That difference amounted to hundreds of thousands of euros that would have been definitively lost without legal intervention.
Failing to properly substantiate the damage
In civil liability cases, evidence is the core of the litigation. It is not enough to recount what happened: every claim must be supported with medical documentation, expert reports and qualified witnesses. The absence of clear, well-organized evidence often results in dismissal of the claim or symbolic compensation that does not reflect the actual damage.
On many occasions, I have seen that the difference between winning and losing does not lie in whether the damage exists — which is often evident — but in how it is proven before the court. For this reason, I always work with medical experts, engineers or economists capable of accurately quantifying both physical sequelae and the economic impact resulting from the incident.
Improvising procedural strategy
Another critical error is going to court without a clearly defined strategy. High-value litigation requires months of preparation, scenario planning and analysis of the opposing party. When the defense is improvised, weak points emerge that the insurer or opposing side will inevitably exploit.
In a lawsuit against a major insurance company, for instance, the key was not only the medical report, but also the procedural strategy that allowed us to successfully challenge the expert opinion submitted by the defense. A solid strategy requires anticipating the other party’s moves and having alternative responses for each possible scenario.
Choosing the wrong lawyer
In highly complex matters, any lawyer will not suffice. These cases require dealing with medical, technical, economic and legal issues of significant detail. I have seen cases where clients first hired professionals with no experience in this type of litigation, and by the time the matter reached us, it was too late to redirect the strategy.
This is why I stress the importance of selecting a lawyer who not only knows the law, but who has practical experience in major claims. The difference may be between receiving insufficient compensation and achieving a result that genuinely compensates for the damage suffered.
Failing to evaluate risks realistically
Some clients arrive with unrealistic expectations because no one has explained the procedural risks. They believe success is guaranteed and are surprised to learn that a judgment can take years and that compensation is not always granted in full.
My role as a lawyer is also that of an honest advisor: to explain from the beginning the strengths and weaknesses of the case. This allows the client to make decisions with a clear understanding of the risks, avoiding future frustration and building a relationship based on trust.
Conclusion
A civil liability lawsuit can mean the difference between financial recovery and ruin. The most common errors — trusting the insurer, failing to properly substantiate damages, improvising strategy, choosing the wrong lawyer, or misjudging risks — are avoidable with specialized legal guidance.
Call to Action
If you are facing a high-impact civil liability case, do not go through it alone or settle for the insurer’s proposal. Contact me, and I will put my experience in complex litigation and a team of specialized experts at your disposal to ensure you receive what you are truly entitled to.
