What Are Some Mistakes That Can Hurt A Personal Injury Claim?

The number one mistake would be talking too much. It is a huge mistake to talk to others about what you think your case is worth or repeat anything that your attorney has told you because it is privileged; however, by repeating it, you can waive that privilege.  You should only communicate with your attorney about your case. Under no circumstances should you post anything on Facebook or any other form of social media about your case.

Having any communication with an insurance adjuster, the defendant, or an investigator can be a serious mistake. You have no obligation to communicate with the other driver’s insurance company, to include an investigator hired by them.

Is Keeping a Record or Journal of Events Following an Injury Helpful for a Personal Injury Claim?

Keeping a journal or a diary is not a bad idea, but it is one that needs to be discussed with your attorney before you start doing it. This is because, if you keep records as to what it is that you are experiencing (such as pain, what doctors told you, tasks that you are trying to do), all of that is discoverable. If a lawsuit is filed, the insurance company’s attorney might be able to get a copy of that diary or journal. Therefore, you have to be careful.

The exception would be that, if you have talked to an attorney about this and the attorney instructed you to keep a diary or journal, then it might be considered a privileged communication with your attorney. You only want to do this after talking to an attorney and being advised to do it.

What is the Impact of Delaying Medical Treatment on A Personal Injury Claim?

It makes sense that the longer you wait to receive medical treatment, the more it will be questioned, both from the standpoint of whether you were actually injured and, if so, the cause of the injuries. That being said, you are the best judge of whether you should receive medical care. You need to do what is best for you from a medical standpoint. If you believe you need to receive medical care, do it. Do not, under any circumstances, factor in whether you believe it will increase the value of your case.

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