you file a personal injury lawsuit, there are some important things you need to know. Certain actions (and inaction) can cause you to lose your case, while other actions can support you in not just winning, but getting generous compensation for your injuries either through a settlement or jury trial.
If you’ve never had to file a lawsuit before, the whole process will be unfamiliar, and that’s why you need to know what to do and what to avoid. The following tips are designed to help you navigate the complexity of filing a personal injury lawsuit.
Do get an attorney as soon as possible
Choosing to represent yourself in court is a bad idea because there’s almost no chance that you’ll win. Even if you manage to win something, you’ll only get a fraction of what an attorney can get you. Hiring an attorney is the best way to get financially compensated for what your case is worth. Your attorney will know exactly how to negotiate with the other party to get them to offer you a generous settlement.
Do document everything about your accident
Legal documentation will be critical throughout your personal injury case. Make sure you write everything down, including when and where your accident took place, what any other parties said or did that may be relevant to your injury, and anything else you can remember. For example, if you slipped and fell in a department store because an employee told you it was okay to walk behind a roped off area to get an item, document that occurrence.
Don’t skip your medical appointments
After seeing a doctor and getting your injuries documented, don’t skip further medical appointments because it will make you look uninjured. After all, if you’re not going to any more medical appointments, you don’t need money to cover treatment.
You can’t skip your medical appointments and still collect compensation designed to cover your treatments. If you have a good lawyer, they will work hard to get you enough compensation to cover your other expenses, like household bills and lost wages. There’s no need to skip medical appointments in order to keep more of your settlement because it will backfire.
Don’t refuse all medical treatments
It’s understandable if you don’t want to pursue certain medical treatments, like drugs and surgery. However, you should know ahead of time that refusing treatment can hurt your case. For example, if you prefer alternative therapies, like chiropractic, acupuncture, massage, and infrared saunas, those treatments may not be considered ‘appropriate’ by the court. Sometimes getting compensated will require you to pursue at least some traditional treatments. It’s not impossible to get compensated for alternative treatments, but it’s difficult.
Don’t post anything to social media
Perhaps the most important piece of advice to follow during a personal injury lawsuit is to avoid posting to social media. Don’t post anything at all, not even a comment on your friends’ posts. Anything you post can be used against you if the insurance company decides to ask for access to your accounts.
It’s even more important not to delete any posts or photos from social media because, if discovered, that can drastically reduce your compensation or make you lose your case completely. That’s what happened to a man who won $10 million in a wrongful death lawsuit after his wife was killed in a car crash (Allied Concrete Co. v. Lester). His attorney advised him to clean up his Facebook account because some of his photos showed him enjoying spending time with friends. A year later, the judge reduced his award by nearly half and levied $722,000 in sanctions against his lawyer.
Although not everyone grieves 24 hours of every day, a judge is not going to award you significant compensation if you’re not absolutely devastated, and devastated people don’t hang out with friends and party. At least, that’s how the court sees things, and those are the rules you need to play by.
You can also expect the other party’s attorney to comb through your social media posts looking for evidence that your injuries are pre-existing and were not caused by the accident in question.
Listen to your attorney at all times
The most important thing you can do during a personal injury lawsuit is listen to your attorney. Follow their advice and trust that you’re in good hands. They will have your best interests in mind, and their experience will get you the compensation you deserve.
Article by Community Writer.
