Even with an experienced attorney by your side, personal injury lawsuits can be lengthy, drawn-out processes that test the mental and physical fortitude of the injured party. We always recommend getting in contact with an attorney as soon as you are safe and able, as your case has a higher chance of success if it starts off on the right foot from the get-go. Still, there are other benefits, namely that your attorney knows what you should and should not say regarding your case. Many actions or statements you make can jeopardize your case or lessen the payout you receive. Here are some ways you can ruin your chances of legal success that your attorney should warn you about in your first meeting.
Public Statements That Downplay Your Injury Or Experience
A serious accident such as an automobile crash can be a traumatic experience, and many victims feel the need to update friends and loved ones on their status and well-being. However, insurance companies or defendants in your civil cases can use these statements to try and impune your character or poke holes in your story. Simple messages such as “I am doing okay” or “The accident was luckily not so bad” can be construed to mean your entire claim is fraudulent or blown out of proportion. Even if you are not talking about your experience directly, talking about any activities or actions online after the fact can be used in other ways that we will discuss next.
Everything Involving Your Hospital/Medical Experience
Most personal injury lawsuit payouts rely heavily on the victim’s pain, suffering, and medical bills. Making any statements, ignoring any advice from medical professionals, or fabricating any aspect of your medical history is enough for insurance companies to begin to poke holes in your claim.
First and foremost, making any social media posts that go against the narrative you proclaim in court is a bad idea. For example, a victim of a reckless driver with severe leg pain might endure the pain and discomfort in order to have a nice day out with their family at the park. A picture of them smiling with their family might seem like a huge win on their road to recovery and normalcy. Still, the insurance company or defendant can use it as evidence that the pain and injuries are being overblown.
You should also follow the recommendations of doctors and physicians to the tee, not leaving any room for interpretation. If you are recommended to stay homebound for an extended period of time, toughing it out and venturing outside is a quick way for the opposing party to claim you are not taking your health outcomes seriously. As long as you do not make any false statements involving your medical history and follow all physician advice, you have a much easier time having a jury or judge believe your side of the story regarding your pain and injuries.
Changing Your Story
This is an obvious but crucial mistake that some people make during their cases. If an initial detail or piece of information you provided was not true, let your attorneys handle it during your case. Collecting documents, evidence, and witness statements immediately following the injury is crucial to building a story correctly from the beginning and maximizing your payout. This is why hiring an attorney at the start of the process is so vital.
If an attorney takes your case, they believe you have an excellent chance at a financial settlement. Don’t jeopardize a potential payout – speak with a Probinsky & Cole attorney today. We are personal injury attorneys with Sarasota, Brandon, and Orlando offices.
