Filing a personal injury lawsuit may cause anxiety for many people. Though your attorney will do their best to guide you, prepare you and inform you on the likelihood of succeeding in your case, there is no telling what the judge and/or jury might do and simply no guarantees. However, there are a few things that you should absolutely avoid if you a pursuing a personal injury case. Failure to do so may ruin your claim.
Not Seeking Medical Treatment
No matter how minor or not serious your injuries seem immediately following your accident, make sure you seek medical treatment as soon as possible. Some injuries may not even be felt or observed without medical diagnosis and treatment, but are nonetheless damages you incurred as the result of your accident. The problem with ignoring or “toughing out” your physical injuries is that the negligent party (defendant) responsible for your damages or their insurance company may later argue that you were not hurt as badly as you say you were. This can reduce the amount of damages you receive. Moreover, you will need medical proof of your injuries and the extent of them in order to claim damages, which you can only do by seeking medical attention.
Posting Commentary About Your Case On Social Media
Like it or not, the things you and your friends post, comment on and share on social media accounts such as Facebook, Myspace and Twitter, are public and CAN be used against you as evidence in court. For example, if you are filing a personal injury lawsuit for your car accident, but a week after the collision you post pictures of you and your family on a ski trip, these pictures can be used by the defendant to show that you were not really or seriously injured as you were able to go skiing almost immediately following your accident. Likewise, some settlement agreements may contain provisions that require you not to mention the terms of the settlement or how much you received. If you violate this provision, you may be required to return your settlement proceeds.
Not Following Your Doctor's Orders
Believe it or not, some injury victims—even after receiving medical treatment—fail to follow the advice of their doctors by not taking prescribed medications and/or failing to attend follow-up doctor appointments. Do NOT do this, even if you are feeling better. If you truly do not want to take your medications or disapprove of your treatment plan, schedule an appointment with your physician and discuss your concerns with them. Insurance companies love to use missed appointments or your failure to fill medicinal prescriptions as evidence that you are not truly injured, or that your injuries are not as bad as your lawyer has made them seem. This may lead to a low-ball settlement offer from the insurance company, or even an outright denial of your claim.
Though you should always consult with a qualified personal injury attorney as soon as practicable after being involved in an accident, make sure to follow the above tips to avoid sinking your personal injury claim.
If you have been injured in a car accident, or are the victim of any injuries caused by the negligence of someone else, you should always hire a personal injury attorney that knows the law in your jurisdiction to handle your case. The experienced personal injury attorneys at the Law Office of Jeremy Rosenthal offer free consultations to all injured people and their families. Our attorneys will evaluate your case, and let you know what your legal options are – whether that means a negotiated settlement or a personal injury lawsuit.
Contact the experienced attorneys at the Law Office of Jeremy Rosenthal today at (303) 647-4511 or visit us online.