Navigating a personal injury case can be complex and stressful. To improve your chances of a favorable outcome, it is crucial to be aware of common pitfalls that can jeopardize your case.
Here are six things you should avoid while fighting a personal injury case.
1. Delaying Medical Treatment
Seeking immediate medical attention after an injury is critical, not only for your health but also for your legal case. Delaying treatment can lead to complications in your recovery and provide the opposing party with ammunition to argue that your injuries are not as severe as claimed.
Ensure that you follow all medical advice and attend follow-up appointments, as gaps in your medical history can be detrimental to your case.
2. Giving Recorded Statements Without Your Lawyer
Insurance companies often request recorded statements from injury victims soon after an accident. These statements can be used against you later in the legal process.
It is important to consult with your personal injury attorney before giving any recorded statement. Your lawyer can guide you on how to respond accurately without inadvertently harming your case.
3. Posting Openly On Social Media
In today’s digital age, it is tempting to share details of your life on social media. However, posting about your injury or the incident can seriously damage your personal injury case. Insurance companies and defense attorneys often scour social media profiles for evidence that contradicts your claims.
Even seemingly innocent posts can be misconstrued to suggest that your injuries are not as severe as reported. To safeguard your case, it is best to refrain from posting on social media until your claim is resolved.
4. Signing Documents Without Legal Advice
You may be asked to sign various documents during the course of your personal injury case, including medical releases or settlement offers. Signing these documents without fully understanding their implications can be harmful.
For instance, signing a medical release form might give the insurance company access to your entire medical history, which they could use to argue that your injuries were pre-existing. Always have your attorney review any documents before you sign to ensure your interests are protected.
5. Exaggerating Your Injuries
While it is important to accurately convey the extent of your injuries, exaggerating them can backfire. If the opposing party can demonstrate that you have overstated your injuries, it can significantly damage your credibility.
Provide an honest account of your symptoms and how they affect your daily life. Consistency in your statements to medical providers, your attorney, and during testimony is crucial. Honesty helps maintain your credibility and strengthens your case.
6. Settling Too Quickly
The pressure to settle quickly after an injury can be strong, especially if you are facing mounting medical bills and lost wages. However, accepting an early settlement offer can be a mistake. Initial offers from insurance companies are often lower than what you might be entitled to.
Consult with personal injury attorneys to evaluate whether the settlement offer fairly compensates you for your injuries, lost income, and other damages. Patience is key in negotiating a settlement that truly reflects the impact of your injury.
