When you have filed a personal injury claim or lawsuit, the defense will be looking for every opportunity to prove that you are not as injured as you claim. Personal injury clients may not realize that something as innocent as a Facebook post can affect the outcome of their settlement.
While you may not be familiar with the many pitfalls of these cases, your personal injury attorney is – and will advise you as to the ways which your opposition may try to “catch you” in order to pay less in awarded damages. Here is some savvy advice from lawyers as to how to be smart when pursuing a personal injury case.
Advice for Personal Injury Clients
Here are some of the more common mistakes made by those looking to receive compensatory damages after a personal injury incident:
- Not hiring an attorney: We realize this sounds a bit self-serving. But throughout the years, we have seen it play out again and again – someone who has been injured accepts the first (or second) offer from their insurance company to settle the claim, and walks away with a fraction of what their case was actually worth. In fact, insurance companies are often looking to make you settle before you bring in a lawyer, because they know that you do not have an understanding of what your case is worth. Not only does an attorney have knowledge regarding how much you should be compensated, but we will fight on your behalf, taking an uncomfortable and stressful situation off your plate.
- Not preserving evidence and keeping good records: Whether a photo from the accident scene or financial records from all of your medical expenses, the more evidence you can present to support your case, the better. If you are able, write down everything you remember about the incident as soon as possible, and collect photos, witness names, or police reports so that you can limit the dispute regarding the facts. Keep meticulous records of doctor notes, prognosis, bills and medications, so that you have everything necessary to back up your claims.
- Announcing everything on social media: You may think it is harmless, but a social media post can be detrimental to your case. For instance, posting about your car accident and responding to well-wishers with “I’m ok” may be enough to convince someone that you are not seriously injured. Photos of you attending a family event or smiling at a party may be used against you to prove you are not “Suffering”. It is best to stay off social media altogether, and to ask family and friends not to discuss your case or tag you in photos.
- Not telling your doctor about all of your symptoms: After an accident, you may think it is only necessary to deal with the big medical issues, and dismiss some less serious symptoms. However, your personal injury attorney is not only fighting for reimbursement of present medical bills, he will also contend for medical bills which may be necessary in the future. A small ache or pain today may in time reveal itself to be a serious problem needing treatment – but if you have already accepted a settlement, you will be out of luck. Tell your doctor about everything you are experiencing, and have everything thoroughly checked out and assessed.
The fifth mistake often made by personal injury clients is assuming that every Sarasota law firm – and every personal injury attorney – is equally qualified to handle their case. If you are considering whether or not to file a personal injury claim, call the law firm of Probinsky & Cole. We have the expertise you need to face the insurance companies and win.