10 Common Mistakes After Starting a Personal Injury Claim

  1. Communication Caution: Avoid discussing your case with anyone associated with the at-fault party or their insurance company. Should an insurance adjuster express a desire to talk about your case, direct them to your lawyer specializing in auto accidents or personal injuries.
  2. Preserving Evidence: Keep all medical-related items, such as pill bottles, casts, braces, and prescriptions. These items serve as tangible evidence of your injuries and are vital for your case.
  3. Honesty in Your Lawsuit: It’s crucial to always be truthful throughout your personal injury lawsuit. Insurance companies possess a keen ability to detect dishonesty, which could potentially jeopardize your entire case. Remember, honesty is your best policy, especially when you’re seeking rightful compensation for injuries sustained in an auto accident.
  4. Protecting Your Rights: Before signing any documents, consult with your car accident lawyer. Even seemingly innocuous forms may contain clauses that waive your rights to future claims or compromise your privacy by allowing unauthorized access to your medical records.
  5. Independent Medical Examinations: Be cautious of independent medical examinations (IMEs) as these are often conducted by doctors with close ties to the insurance industry, potentially biased against finding substantial injuries. Inform your lawyer if you’re asked to undergo an IME.
  6. Understanding Surveillance: Be aware that the insurance company representing the party at fault might monitor your activities. There will be days when you feel better and can engage in activities that seem to contradict the extent of your injuries. It’s natural to make the most of a good day, and a jury will empathize with this. However, denying such activities if they’re captured on surveillance can undermine your credibility. Honesty remains paramount.
  7. The Importance of Documentation: Document all physical evidence of your injuries through photographs or videos, which can significantly support your claim. Additionally, photograph any vehicle damage as repair estimates may not fully capture the extent of the damage.
  8. Social Media Vigilance: Be mindful that your social media platforms, including Facebook and Twitter, will likely be scrutinized by insurance adjusters and defense lawyers for evidence that could minimize their liability and your compensation. Even with privacy settings enabled, your online activities can be accessed and used against you. Exercise caution with what you post.
  9. Adherence to Medical Advice: Following your doctor’s advice and maintaining all scheduled appointments is essential. Missing appointments can be misconstrued as a lack of seriousness about your injuries or recovery, undermining your lawsuit’s integrity.
  10. Effective Communication: Maintain open lines of communication with your lawyer. Before taking any action that might affect your case, seek their advice. Prompt communication with your legal representative is key to navigating your lawsuit successfully.

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