When you file a personal injury claim, your attorney will let you know what to expect and guide you through any litigation or settlement processes. Thereâ€™s no denying, however, that suing for damages is a unique experience for most people, and you could unintentionally jeopardize your chances of a successful outcome in your case. Below is a list of three things you must avoid doing if you want your claim to result in the compensation you need to recover.
Failing to seek medical attention
This is a big one. At first glance, your injuries may seem minor, so you walk away from the accident site without getting medical treatment right away. Many severe injuries, however, are not immediately apparent, so you could be seriously hurt without realizing it. You also need medical documentation if you opt to sue the other party and claim damages later, so always get yourself checked out at the nearest hospital, so that there are records to refer to when the time comes to file a claim.
Ignoring medical advice
A lot of injury victims receive initial medical treatment, and then fail to follow the treatment plan recommended by their doctor, such as medication and regular check-ups.Â Even if you are feeling better, resist the urge to cease treatment. Insurance companies regularly use skipped appointments and missed prescription refills to suggest that you are not as injured as you claim, or even injured at all. This may result in a token settlement offer or even a denial of your claim, forcing the matter to a long and stressful litigation.
Discussing your case on social media
By now, it should be obvious that everything you post on Facebook, Twitter, and your other social media account is 100% public, and can be used against you when you least expect it. If you filed a personal injury lawsuit after a slip and fall and pictures of you on a post-accident hike end up on Facebook, then the defense will use them to suggest that your injuries were not as extensive as you claimed.
You should be discreet even if you do receive the settlement you wanted. Many settlement agreements include provisions that require you to refrain from publicly discussing how much you received or any of the agreementâ€™s terms. If you announce your â€˜windfallâ€™ on social media, then you may be required to return the money.
If you are injured in an accident or due to someone elseâ€™s negligence, then you should always contact an experienced personal injury attorney as soon as possible. They will evaluate your case, let you know what your options are (settlement vs. litigation), provide you with the advice needed to avoid damaging your claim. Jayson Lutzky has been practicing law in New York State for more than 33 years. If you have been seriously injured, then call his office at 718-329-9500 to set up a free in-person initial consultation. Visit www.MyNewYorkCityLawyer.com to learn about Mr. Lutzkyâ€™s office.