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Monday, May 15, 2017
Before your case even begins, your actions play a heavy role in how successful your personal injury claim can be. It is important, then, to know the common mistakes made by plaintiffs long before their cases start, and what you can do now to avoid them.
No matter how serious your injuries are, or even if you have already consulted with a personal injury attorney, the more prepared you are for your case – and the conduct expected of you – the better the outcome will be.
After your accident, it is natural to want compensation. After all, you didn’t cause the accident; therefore, why should you carry the burden of medical costs, lost wages, and other expenses?
However, there are ways in which you can inadvertently sabotage your lawsuit and lose funds you have a right to collect. While some of these mistakes are obvious, at other times you could commit one of these mistakes without realizing it. Therefore, understand the common mistakes that ruin a lawsuit and be sure to avoid them at all costs.
Dishonesty is the worst thing you can do during a lawsuit. There are facts you must relay as honestly as possible, because your character is called into question during every point of the suit. If at any time you lie or exaggerate, the defense might use that against you to damage your credibility.
Always tell the facts upfront. If you are not sure, never guess. Simply tell the attorney that you do not know. If you lie, your lie may eventually become exposed, and it could force your case to fall apart. Furthermore, your attorney may decide to leave the case if you lie about your injuries or any facts. Your attorneys are your advocate, but they can only fight for your rights to compensation when they know the truth. Do not lie to anyone during your case – this includes exaggerating symptoms to your physician or to the insurance company.
You should not speak to anyone about your case, especially insurance claims adjusters. Instead, you must only converse with your attorney.
Do not discuss the case with anyone; instead, refer them to your attorney for a conversation. You must not speak to any third party, including defense attorneys, jurors, investigators, and adjusters. If a person is not authorized to ask you questions by your attorney, you should not answer those questions until your attorney is present.
Furthermore, avoid talking about your case with friends and family members. You might give away important details, or even your case strategy. A well-meaning loved one might let details slip at the wrong moment, which could carry significant consequences for your case’s outcome.
In high-value personal injury claims, it is common for the defense to place surveillance on victims. Their goal is to catch you lying about the extent of your injuries. That means they will follow you at home or to the doctor, and watch every move you make.
They want to catch you doing things that you stated you no longer could do. They also want to try to prove that you are lying – and that your compensation requests are invalid.
Social media is something you should avoid at all costs during your personal injury case. Always be cautious if you do use social media, because anything you say is public record. Insurance companies will find pictures and status updates that they can try to use to show that you aren’t injured as you claim. A picture with a smile might be used against you, even if you were smiling through the pain.
Furthermore, posting details about the case is never good. Not only are you sharing details with the open world about a private matter, but if insurance companies can view your profile, they can use that information against you as well. Set your social media accounts to private during your case, and ask family and friends not to tag you or mention you in their posts.
Before you have your initial consultation, insurance claims adjusters might take advantage of the opportunity and offer you a settlement. Conversely, they might ask if you would give a statement.
No matter what reasons they give you, never sign anything without speaking to an attorney. If you have retained an attorney, tell the party to request signatures from your lawyer. Any documents related to your injury, including those that seem innocent, can contain release clauses or even waivers within the small print.
Sadly, this is a very common issue. Sometimes, people are injured seriously but think that they will recover soon enough, so they feel that there is no reason to file a lawsuit. By the time they realize that they must file a lawsuit, the evidence has dwindled to nothing or the insurer will try to claim that the injuries were not serious. The statute of limitations might also expire, especially if you wait a year or more to file a claim.
It is best to consult with a personal injury attorney to ensure that you have enough time to file. In fact, consulting with an attorney immediately after an accident is best. An attorney, like those at Malman Law, meet with you free of charge and with no obligation. Therefore, there is no risk to explore your rights.
After your accident, you will seek medical care. However, it is imperative that you follow all instructions given to you by your doctor. This includes attending follow-up appointments.
If you disagree with a physician’s suggested a course of treatment, you can seek a second opinion. However, never ignore suggestions or fail to attend your follow-up appointments. When you do not follow medical advice, the defense might use it against you to show that you are not as injured as you claim. Also, the longer you wait to seek medical treatment, the easier it is for the defense to knock down your claims that you have a serious injury.
If you have a previous injury that is aggravated by your current accident, do not hide that information. Your attorney must know this if he or she is going to represent your case to the best of his or her ability. You must immediately tell your attorney about previous injuries.
You can still collect compensation even if you have a previous injury. However, if you hide that previous injury, the defense will call your character into question and try to claim that you are only seeking compensation for an injury that occurred long before the accident.
The evidence is critical in a personal injury case. You must save any evidence you can, and do not discard anything until you speak with an attorney about your case. Some items that you might not think of can be considered evidence, including prescription bottles, casts, and so forth. If you have surgeries or clear injuries, take photographs of them.
If you are ever unsure what might be evidence, ask your attorney. Save it until you have a consultation, and until you have confirmation to discard it.
The insurance company has the right to request an independent medical examination (IME). For high-value settlements, they will request this; you are required to attend. You can, however, have your physician and attorney present for the examination. Your attorney can help you prepare for the examination so that you know what to expect.
Before filing a personal injury lawsuit, you might explore other options for making up for your lost wages. One way is to apply for Social Security Disability. However, it is best that you speak with an attorney before doing so, as these benefits can affect your claim. So, your attorney should make sure that receiving these benefits will not have an adverse reaction on your compensation.
During your free time away from work, you might catch up on paperwork. For example, you might renew your hunting or fishing license, even if you have no intention of using it right away.
Any renewals of hobby or professional licenses could be misconstrued as your falsifying the severity of your injuries. The defense might use your new hunting license to prove that you intended to go hunting, even though you were just renewing it so you didn’t have to reapply.
There are numerous ways in which you can harm your case. The only way to protect yourself from doing so is to speak with a personal injury attorney and get the facts.
The attorneys at Malman Law are here to help. We are your advocates, and we work hard to ensure that you do not accidentally damage your case.
Schedule a free, no-obligation consultation with our attorneys today or contact us online.
They are very helpful, and when it comes to getting things done with your case I had the pleasure of working with Jason Kellerman he was awesome I highly recommend them.
- Britany Weaver
I’m very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I’ve been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion!
- Cheryl Wagemann
I’ve been knowing about this Law firm for many years through friends, referrals & advertisements, never I thought I would need their services because I believed things & situations don’t happen to me like this, long story short I was in a situation that I needed help & advice!!! In the right direction, I connected with the Firm & a very patient, understanding professional woman by the name of Margie assisted me in what I needed 🙂 Thank you I will refer as I was as referred as well This firm really does care!
- Elvira G.
I was rear-ended by a semi-truck on my way to work. I was transported to the hospital and my car was totaled. In the aftermath, Dan Petrich and Anna Schmidt from Malman Law helped me get set up with physical therapy and negotiated with the insurance companies to make sure the resulting settlement would cover my medical bills and a rental car until I could get a new car. I would highly recommend their services.
would do everything they could for me.
- Tony S.
I contacted Malman Lawafter my work injury. So professional from my first phone call. Mr. Malman’s investigator, Dan, came right out to our home. Everything was explained in detail so I know what to expect during this process. I certainly recommend anyone ever in need of a personal injury lawyer to call Malman Law. Truly the best!! Thanks, everyone!
- Devin Jones
Attorney Greg Lamorena was my lawyer when I slipped and fell. He kept me updated throughout the case and was always available to talk when I had questions. He is a great lawyer and could not be happier about my settlement!
- Annie Ong
Alexis was the attorney on my case! She kept me in the loop about everything with my case. If I had any concerns I was able to contact her and she’ll answer my questions right away. If you’re interested in working with Malman Law I would highly recommend Alexis she was GREAT. I would highly recommend Malman Law if you’re ever in need!
- Eugenia Cathery
They are so efficient and professional. Always available to help. Attorney Boyer was great and very good with my case. I really appreciate Malman Law. I gave them 5 stars because there is nothing higher.
- Omolewa Snyder
I have had an amazing experience with Malman law so far. From the start, Dan was super easy to work with, got me the medical attention I needed, and fast. Couldn’t ask for better communication. Neil Kilcoyne has been nothing but the best I could not recommend a better attorney. Malman Law is a 10 out of 10 law firm.
- Trevor Harris
Hi, I just want to acknowledge Jay McCarron, Kelly & the firm at Malman Law for representing me as they continue to work on my case. Thanks for keeping me updated & responding quickly to any of my questions or concerns. I would highly recommend you and your firm to friends & family. E. P.
- Ernest Pitts
Alexis was the attorney on my case and she was GREAT. She made sure I was updated on everything about my case. I would highly recommend Malman Law if you’re ever in need.
- Ariel Fleming
I had the best experience with Jason and Jay attorneys from Malman Law they really went all the way to settle my case I’m telling you there just the best!! Recommend 100%!
- Carmen Rivera
Adam Meadow acted as the attorney for a family member who was in a car accident. He was highly personable and actively listened to our issues throughout the litigation process. He was able to get us a settlement for the reparations of the accident. We would recommend their services!
- Greg Gustafson
Excellent customer service and a great experience. Malman Law handled the whole process and it was very smooth. The settlement was a great success. I would choose Malman Law again in the future.
- Malak St.Clair
Helped me out of a big jam when my auto was hit twice when and the other drivers had no insurance. Adam Meadow is the only Lawyer I will call for helping me and my daughter.
- Devri Lott
I cannot give enough praise to the team at Malman Law, for helping with my case. My children were involved in an auto collision and the attorney Adam along with his paralegal Michelle worked diligently until the matter was resolved and my entire family was happy. I would definitely recommend Malman Law for anybody going through legal troubles.
- Adrian Lopez
A close friend recommended me to Malman Law. I currently have a case with them due to a car accident I had and ever since the accident they have been taking care of everything for me without me having to worry about anything. They took care of the medical bills & helped me get physical therapy right away. I highly recommend them.
- Vanessa Leon
Bella Feinstein, Jason Kellerman, and Terry Davey have been instrumental in helping me through many difficult situations. Not only did they work to get my mom a settlement, but they have also continued to help me through the legal process of relocating my mom to a different state. I’m very grateful for their hard work and good advice.
- Nyah Vuljanic
This law firm is the best they got me paid and Malman Law kept in constant communication with me which meant a lot to me I would highly recommend this law firm to anyone who. In the position, they are awesome sincerely. Jeff walker
- Jeff Walker
Mr. Kellerman of Malman Law shows compassion for his clients. Returns calls and emails promptly, he takes time to listen to his clients, and gather facts accordingly.
- Steve Acosta
Everyone at Malman Law made me feel welcomed and heard. My lawyer, Adam Meadow, as well as staff, kept me up to date and were more than happy to do so! I would highly recommend their services. Also- a plus is many employees are fluent in Spanish. My experience was easy and worthwhile.
- Adrianna Gomez
Dan Petrich was the best man for my case of falling through my porch of an apartment I rented. He made sure I got what I deserved not only $ wise but medical wise and that my hospital bills and Dr bills were left at a $0 balance before closing my case. I was definitely happy and glad I choose him. Thank you. 5 stars
- Jose Cruz
Steve Malman helped me with my auto case. He quickly responded and answered any and all the questions I had. My case was a success as well as 2 other family members I recommended to him won their cases as well. Definitely a 5 star!
- Meagan Cruz
- Eddie Villarreal
I am very impressed with Malman Law and my experience with Tiffany Alberty. She was very professional and knowledgeable. I appreciate the great communication and never felt out of the loop. She was very patient and hard working on my case. I would highly recommend this firm. Thanks for the hard work and all your help!
- Madissen Miller
Malman Law is definitely professionals and skilled at what they do. Mr. Adam Meadow always kept me informed and never hesitated to answer my questions and was open to hearing my concerns. Wouldn’t think twice about referring them to family and friends. Thank you to all at Malman Law!
- Christina Ocon
Mailman Law, Excellent firm!! Tiffany Alberty and her assistant Margie Gallegos were super efficient and knowledgeable. Great communication—very quick response and great follow up! My case was resolved sooner than expected. I highly recommend them!
- Adriana Martinez
So glad I contacted Malman Law regarding my accident. Professional and caring. Thank you Mr. Malman. I most definitely recommend to anyone if you need the best to call Malman Law!!!
- Virgil Sanner
I really appreciated and enjoyed Yennin Calderon’s service. I called asking questions and she was so helpful. Not only did she answer all my questions and concerns. It was also a bonus that she was bilingual in Spanish! Loved the warmth she brought. Thank you!
- Jazlyn Caraballo
My experience with Malman Law was great. I worked with Attorney Tiffany Alberty and her assistant Margie. Both communicated what was going on with my case, explained the next steps, and got my case resolved early. I would highly recommend Malman Law.
- Ashley Jenkins
ALL FIELDS REQUIRED
2 years ago I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet
NOAH TAFFELPersonal Injury Victim