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Bagen Law Blog

7 Mistakes That Can Affect Your Personal Injury Lawsuit

Posted by Steven A. Bagen

Nov 14, 2019 12:32:00 PM

DA7EC2D6-E20D-4637-BCCE-42CC77C65AD8_1_201_a-1After an accident, it can be easy to make a mistake: a mistake that could cost you dearly, and may prevent you from receiving the money you deserve. These seven common mistakes may not seem like a big deal, but they can have a profound effect on the outcome of your case. A little attentiveness can go a long way towards reaching a successful settlement or award!

  1. A failure to document your injuries. Photographic or video proof is vital to a personal injury case. Be certain to take pictures of your damaged vehicle, your injuries, and the results of any subsequent surgeries. A video may also provide proof of how your injuries affected your ability to function. Your attorney can help you with locating a professional photographer to document your injuries should you need one, and if your case is large enough.
  2. Signing your rights away. Never sign documents regarding your case without your attorney present. Even harmless-looking releases can contain unexpected clauses that limit your ability to seek damages. You should always seek your lawyer’s opinion before signing anything.
  3. Discussing your case. Under no circumstances should you talk about your injuries, the damage to your vehicle, or your case with anyone affiliated with the other driver. Should an insurance adjuster or defense attorney contact you, direct them to your lawyer.
  4. Posting about your case on social media. Even innocent pictures of you standing outside while smiling or pictures of you having fun on vacation or a post about doing your grocery shopping can be used against you. Privacy settings are not enough. Say as little as you can on social media while your case is ongoing. Insurance adjusters are trained to check your social media for information that can be used against you!
  5. Not paying attention to your doctor’s advice. Following your doctor’s advice is not only important for your health, it can also affect your case. It is vital to show your work to heal. Save all braces, pill bottles, casts, prescriptions, and other proof of the treatment you underwent. These are evidence, and any evidence should be preserved.
  6. Renewing licenses. This is an obscure detail you might not consider, but the jury certainly will. Licenses for hunting and fishing often become part of our yearly ritual of renewals. Details on these renewals are public, however, and anyone investigating you will have access to them. Ask your attorney before you renew that license for strenuous activities!
  7. Not remembering you are under investigation. Both your insurance company and the insurance provider for the other driver will, at some point, look into your life. This may include following you to take photographs and videos of activities that strain the limits of your injury. Never deny what was caught on camera. A jury may understand if you had a good day where you felt capable of doing something. They will not be so understanding if you are untruthful about your activities.

Steven A. Bagen & Associates are Here to Help

If you have questions about how you can receive compensation for your injuries, or just want to know more about your options, Steven A. Bagen & Associates can help you find the answers. Contact us today for a free consultation.

Topics: Personal Injury Attorney(s), Serious Accidents & Injuries, Personal Injury Law, suing your employer, auto accident, personal injury cases for minors, Tips