If you're pursuing a personal injury case after a car accident, the next several months are critical to how your case is resolved and whether or not you get the settlement you deserve. You will work closely with your personal injury attorney to put together your case, and to negotiate with your insurance company. Although your attorney will handle almost everything, it is important that you are careful not to do anything that may compromise your claim. Here are 3 things you absolutely must not do if you want to protect your car accident case.
1. Don't Post About the Accident on Social Media
Never post about the car accident on social media sites like Facebook, Google+ or Twitter. Even if you have your privacy settings set so that only your friends can see your posts, these things often have a way of showing up in court. In some cases, an insurance company has posed as another person and made a new friend request to get access to the victim's account. Many a personal injury claim has been thrown out simply because the victim of the accident posted certain things about the accident and their injuries online. Don't post about how your neck felt fine after the accident if you are claiming neck injuries, or how you didn't feel the need to go to the hospital. Also, keep in mind that your other posts may come into play too. Posting about your trip to the beach when you're supposed to be injured at home can weaken your case.
2. Don't Discuss Anything Irrelevant With Doctors & Physical Therapists
You may think that the doctor or physical therapist is on your side, and while they might very well be, their records aren't. Your records from every doctor or therapist that you see after your accident will be subpoenaed and may work against you if you reported certain things to them. For example, you don't want to tell your physical therapist that your neck has hurt since you fell in your garden in 2010, since it could be seen as a pre-existing injury. Also, don't give more information than what is needed by your doctor to treat your condition. You could inadvertently compromise your case if you tell your physical therapist that your back hurt a little while you were drinking and dancing with your friends.
3. Don't Give a Recorded Statement
Your insurance company may inform you that you need to give a recorded statement. However, a recorded statement can easily be used against you and may not actually be necessary. Sound bytes from the recorded statement can be used out of context to discredit you or to reduce the apparent seriousness of your injuries. Don't provide a recorded statement until you have checked with your personal injury attorney that it is absolutely necessary. Your attorney can review your insurance policy, and in some cases, it may be legal for you to refuse to provide a recorded statement.
Your personal injury attorney is the ultimate resource for you throughout your car accident case. He or she can guide you step by step through settlement negotiation proceedings, and through trial if you need to proceed to litigation. Always discuss your questions and concerns with your attorney, and make sure you understand what your attorney wants you to do throughout the case. Rely on the experience and expertise of your personal injury attorney to ensure that you receive the highest settlement award possible from your car accident case, and be wary of making any moves that may weaken or compromise your case.
For more information, contact a local law firm, like Hardee and Hardee LLP.
