When preparing for a personal injury claim, claimants need to avoid mistakes that can hurt their case later. Defense attorneys for insurance companies have many tactics they can use that harm a perspective claim before you make it to the courtroom. Here are four common mistakes that can weaken your personal injury claim and how to avoid them.
Talking Too Much About Your Case
Talking too much about your case is one of the most notorious mistakes that injured claimants make. The only person you should be speaking openly about your situation with is an attorney you hired or a representative from your insurance company. In almost every other case, anyone who asks about details of the incident is looking for ways to invalidate your claim.
For example, if you’re involved in a slip and fall case, and you receive a phone call from the other party’s insurance adjuster. Without realizing it, you admit that you were looking down at your phone and texting before your injury happened. This information is then used against you in court. So, as a rule of thumb, don’t talk to anyone about your case unless you’re aware of their intentions and can trust them.
Divulging Details on Social Media
Facebook, Twitter, Instagram, and other social media platforms are essentially public-facing websites. This makes these websites are prime material for investigation by insurance adjusters and defense attorneys. Some sites have the option to set your content to private. Still, resourceful attorneys can find ways to find pictures, text, or other materials that can help their clients avoid full responsibility. For example, photos of your recent activity can be referenced to show that you are not as injured as you claim, even if it’s a still shot of you standing up with a smile on your face. Just as talking too much about your case can hurt your chances, sharing too much on social media can equally be damaging.
Ignoring your Doctor’s Advice
While involved in a personal injury case, always follow the advice of your doctors. Many people have a habit of ignoring their doctor’s instructions, but it’s vital to obey their help when you’re planning a personal injury claim. This includes a commitment to appointments and a subscription to any therapy regime. You have to be able to show that you are working hard to get better. For this reason, you should save all pill bottles, prescriptions, casts, braces, and any other items from your doctor as preserved evidence of your personal injuries. This is evidence of your personal injuries, and it must be maintained.
Not Properly Documenting Your Injuries
If your injuries are visible, take pictures as soon as you can. Videos are also a viable option and can be used to offer seamless evidence of all your injuries.
If your health complications are internal, however, then you’ll need proper medical records to prove your condition. As we mentioned before, it’s essential for personal injury claimants to follow up with their doctors for additional appointments and to make all efforts to follow their advice.
Additionally, the information in medical records can be used to bolster your case. These records can include:
- X-rays and other imaging
- Prescriptions required for medication
- Diagnoses from a medical professional
- Dates and times of consultation
Make sure to keep proper track of all of your injuries (both internal and external) to give your case the best chance of success.
If you’re planning on a personal injury claim, it’s a good idea to have a competent attorney in your corner to help you with all of the issues that will arise. Trying to do everything on your own will lead to the scenarios from this article that you’re trying to avoid. If you’re looking for an excellent personal injury attorney in North Florida, the Law Firm of Steve Watrel, P.A. is here to help.