Many situations lead to personal injury. Some are commonplace, like a slip and fall, and some are more complex. Personal injuries also range from broken bones and ligament tears to more catastrophic injuries.
Are you thinking about filing a personal injury claim? If so, do the opposite of the three practices highlighted below.
Failing to receive the correct medical care (you’re fault)
If your injury is severe enough to prompt the filing of a personal injury claim, you will likely have multiple medical records related to the diagnosis, care, and treatment of your ailments (mental, physical or both). Documentation for one doctor after your injury isn’t going to strengthen your case.
Also, even if you did go through the proper steps, failing to adhere to the physician’s advice or recovery and treatment schedule will dampen your chances of filing a successful claim.
Failing to prove your injury
In personal injury settlement or litigation, the evidence is key to determining the defendant’s actions led to your injury. If you are unable to retain or recover evidence that points to the circumstances that led to your injury, winning the claim will be much more difficult.
While this all shouldn’t rest solely on your shoulders, as the personal injury attorney should also be putting in the legwork, when the injury occurs, gather any possible evidence to prove your case, including:
- Photo and video of the site and injury
- Notes of your symptoms throughout the process
- Information from witnesses
- A copy of the police report
- A copy of the report you filed at work
The final two, copies of a police report and a copy of the report submitted at work, would be subject to where the injury occurred. Also, only attempt to gain this evidence if you are in the right frame of mind and body to do so. Trying to perform a task that your body doesn’t want to perform could only lead to further injury. This reason alone is why witness accounts and security camera evidence can be so valuable.
Venting or posting about your situation on social media
Whether the world as a whole likes it or not, social media is here to stay, in one form or another. It’s great for self and business promotion, voicing your opinion on an array of subjects, sharing your creative talents with the world, and connecting with friends and relatives.
What’s one-way social media can damage your claim? Venting about your problems or posting incriminating photos or video. For example, you filed a suit after a car accident, claiming you broke your leg, but a month or two later, a video pops up on social media (from you or someone you know) showcasing you running around free as a bird. Those are not the actions of someone who recently broke their leg and could send your claim to the trash.
To free yourself of this concern, advise yourself and those you hang around not to post anything regarding your actions until your claim has been settled.
