4 Mistakes That Can Affect Your Personal Injury Claim
Our Houston attorneys can offer valuable legal advice and protect your rights after an injury
The decisions you make following a personal injury can profoundly impact the outcome of your claim. While focusing on your recovery, it’s important to be mindful of how certain activities or seemingly harmless actions can affect your case.
Insurance companies often look for inconsistencies in your case to minimize your injuries or reduce your potential compensation. It’s important to be aware of which activities can affect the outcome of your personal injury claim to avoid having your compensation reduced or denied.
1. Posting to Social Media
Social media is a part of daily life for many people. However, it can be harmful to your personal injury claim. Insurance companies may monitor your social media activity and look for posts that could be used against you to reduce or deny your claim.
Can I post about my vacations and hobbies?
Sharing photos or videos of vacations, outdoor activities, or even simple social gatherings might seem harmless. However, to insurance companies, these posts can suggest that your injuries aren’t significantly affecting your life. If you’re claiming severe back pain but post a picture of yourself hiking or playing sports, it could be used to argue that you’re more physically capable than you’ve reported.
Should I discuss my case online?
Beyond physical activities, even discussing your case on social media can be damaging. If you mention anything about the incident that led to your injury, your recovery, or the legal process, it opens the door for the insurance companies to scrutinize your words or take them out of context. Any inconsistency between what you share online and what you tell your doctor or lawyer could be used to weaken your claim.
2. Failing to follow medical advice
Your adherence to medical recommendations is key to the success of your personal injury claim. Following your doctor’s advice both helps your recovery and provides evidence that you’re taking your injuries seriously. The defense will be watching to see if you’re consistent in your treatment. Ignoring medical recommendations or missing appointments harm your case.
What happens if I miss medical appointments?
Consistent medical documentation is key to proving the severity of your injuries. Missing follow-up appointments or failing to check in with your healthcare provider regularly can give the impression that you aren’t prioritizing your recovery. This, in turn, could lead the insurance companies to argue that your injuries aren’t serious enough to pay your full compensation.
How will insurance companies know if I’m following medical advice?
Insurance companies may use private investigators to watch how you behave when attending your medical appointments compared to what you do everywhere else. For example, if you’re using a walking aid on your way to the doctor’s office but decide you don’t need to use it while grocery shopping, the insurance companies can use this inconsistency against you.
Can I refuse or delay medical recommendations?
Your doctor will likely suggest specific treatments, such as surgery, physical therapy, or rehabilitation exercises. Refusing or delaying these recommendations can backfire on your claim. For example, if you turn down a recommended surgery, the defense could argue that you’re intentionally avoiding a path to recovery.
3. Delaying legal action
Timing is everything when it comes to personal injury claims. Waiting too long to take legal action can have serious consequences and potentially result in the dismissal of your case altogether.
How long do I have to file my personal injury claim?
The statute of limitations sets a strict deadline for filing a personal injury lawsuit. If you wait too long to file your claim, you could forfeit your right to seek compensation for your losses. Courts generally don’t make exceptions for missed deadlines, and once the statute of limitations expires, you’re left with no legal recourse. As a result, insurance companies have no incentive to settle.
How long should I wait to take legal action?
The longer you wait to take legal action, the harder it becomes to gather strong evidence to support your claim. Witnesses may forget specific details about the incident that caused your injury. Medical records could become harder to obtain, and physical evidence could deteriorate or be lost. Taking prompt legal action ensures you can preserve the best possible evidence for your case.
4. Dealing with insurance companies without an attorney
Dealing with insurance companies is a necessary part of any personal injury claim, but how you communicate with them can make or break your case. Insurance adjusters are not on your side, and their primary goal is to minimize payouts.
While it’s important to notify your insurance company about the accident, speaking with adjusters without proper preparation can lead to unintentional mistakes that could hurt your claim.
Should I provide insurance companies with a recorded statement?
Insurance companies often ask injury victims to provide recorded statements about the accident. While this may seem routine, giving a recorded statement without consulting an attorney can be risky.
Adjusters are skilled at asking questions that could lead you to make statements that inadvertently harm your claim. Even innocent remarks could be taken out of context and used to downplay the severity of your injuries or shift blame.
Should I accept an early settlement?
It’s common for insurance companies to offer quick settlements shortly after an injurious incident, often before you fully understand the extent of your injuries. These initial offers are typically low and designed to save the insurance company money.
Accepting an early settlement can prevent you from seeking additional compensation later if your medical bills or recovery needs increase. Once you accept, you usually cannot renegotiate or file further claims.
How much information should I disclose to insurance companies?
Insurance adjusters may ask for more information than they need, such as details about your medical history or other unrelated accidents.
Providing too much information can open the door for the insurance company to argue that your injuries stem from pre-existing conditions or prior incidents, not the current accident. This could reduce the amount of compensation you receive.
Be sure to protect your rights with an experienced personal injury lawyer
If you were injured because of someone else’s negligence, having a skilled personal injury lawyer by your side can make a night-and-day difference in the outcome of your case. The attorneys at Smith & Hassler offer more than just legal advice—we provide the guidance and protection you need when dealing with an insurance company.
We can help you explore your potential legal options and protect you from the tricks and traps of insurance adjusters. Our experienced lawyers have over 30 years of experience securing maximum compensation for our clients, and it’s proven in our case results:
- $3.145M (net to client) for a client who suffered a traumatic brain injury and orthopedic injuries from a motorcycle crash in an intersection.
- $2.48M (net to client) for a client who suffered a traumatic brain injury from a fall at work.
- $1.38M (net to clients) for two clients with mild traumatic brain injuries and fractured bones after an 18-wheeler collision.
- $435K (net to client) for a client with back, neck, and shoulder injuries from a car accident at an intersection.
- $604K (net to client) for a client who suffered multiple orthopedic and low back injuries from a car crash in an intersection.
Whether through negotiation or courtroom battles, we’re committed to getting results. Best of all, you don’t pay a dime unless we win your case. That’s because we offer legal representation on a contingency fee basis. To learn more about how we can help with your potential legal case, contact us today for a free consultation.
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