Legal strategy is the last thing you think about when you are injured. You have to deal with doctors, pain medication, missed work and possibly a totaled vehicle. Emotions are running high. You’re frustrated. You’re overwhelmed. You’re overwhelmed.
We get it. We understand.
This article is all about that. This is not legal theory. Not abstract rules. It’s not abstract rules.
1. You Can’t Wait Too Long for Medical Treatment
This is a common occurrence.
In the moment, someone may feel fine after a car crash or slipping and falling. Perhaps you are just a bit shaken. Perhaps sore. They brush it off. The pain gets worse a few days later. It can take a week or more for them to see a doctor.
Insurance adjusters and defense lawyers love delays. This gives them ammunition. They will argue that you should have sought medical attention immediately if your injury was serious. This gap in treatment? It casts doubt. They can minimize, challenge or deflect.
It’s still important to get over the first hurdle, even if you weren’t really in pain.
What is the moral of this story? Check yourself out. Even if you think it is minor. Not only for you but also for your health.
2. Do not follow the doctor’s orders
You’ll be surprised by this one.
Say you are prescribed three sessions of physical therapy per week for six consecutive weeks. In the first week, you go twice. You go once. Life happens. Then, life happens. You stop going to the sessions altogether.
What’s the cause of that drop-off in performance? This doesn’t only affect your recovery. Your claim is weakened.
Insurance companies see this as non-compliance. You’ll be told that you failed to “mitigate damages,” which means you did not do your part to improve.
Life happens. You might have to deal with childcare issues. You may be under pressure at work. Transport problems. Yes, sometimes the treatment doesn’t work, which can discourage people. All of this has been said. From a legal perspective, it’s important to have consistency in the treatment.
Speak up if something doesn’t work for you. Let your doctor change the plan. But don’t disappear. But don’t disappear.
3. Give a recorded statement without legal guidance
A friendly call by an adjuster could be the first step. They’ll say, “We just want to hear your story.” Or “This is standard procedure and we won’t hold it against you.”
Here’s the truth – they will use your information against you.
Insurance companies keep a record of everything. Once your statement has been filed, it will become part of the official records, even if it was given while you were tired, medicated or confused. Even if your statement was a mistake or you forgot to include certain details. Even if you tried to be polite.
Clients have been known to downplay their injuries. When they are not, clients will say things like “I’m fine” or “I’m okay”. Or, misrepresent the timeline. Or, admit fault when you are uncertain.
When the insurer of the other party calls, you should be polite and firm.
I’d like to talk with my lawyer before making a statement.
This is not rude. That’s smart. You’re protected. It keeps the narrative pristine.
4. Posting on Social Media
In our world, people are always documenting everything. After an accident, this instinct does not always go away.
Insurance companies are monitoring social media. They employ teams to search public profiles. Even your “private” postings can find their way to court.
Say you claim a back injury but post a picture of you smiling and holding your niece at a picnic. You might be told by the insurer that you don’t look injured and that your injury is not as serious as you claim.
Even if you are not doing anything strenuous, your photos can still be taken out of context. Photos are still taken out of context. So do captions. Even “Feeling Better Today!” can be turned into “She Said She’s Healed!”
What is our advice? Go quiet. Do not post anything about your accident. Do not post about your recovery. If you can, avoid posting anything until your case has been resolved.
5. You may assume that the insurance company is on your side
This one hurts a little.
We want to be convinced that someone will act rightly if we have been injured. The process will be fair. The insurer will look at what happened and tell you, “You are right, we have got you covered.”
Here’s the reality: Insurance companies are businesses. They are not interested in fairness. Their goal is to protect their bottom line. Sometimes that means paying as little money as possible as quickly as you can.
What’s the name of that friendly adjuster? They are trained to build rapport. They’re trained to make you feel secure. To limit your claim by removing details.
They’re not evil. Just… strategic.
Pause if you receive an early offer. Take a deep breath. Then ask yourself: Is it enough? What about the future? Not just today’s bills but also for possible months of treatment, therapy, lost income, and life disruptions in the future?
You do not have to accept the initial check. Once you accept the first check, it’s hard to go back.
6. Not Documenting Everything
Memory fades. So do bruises. The swelling goes down. Cars get repaired. What about all these things? They’re evidence.
We see too many cases where clients have forgotten to save receipts or emails, or take pictures. By the time we are assembling a demand letter, it’s gone.
We tell them: It’s important to document. It does.
- Photograph your injuries not only on the first day, but at different stages.
- Take pictures of the accident, your vehicle, and its surroundings.
- Keep a journal. Write a few sentences each day about how your pain and limitations are affecting your life.
- Keep all receipts for medications, braces and heating pads, as well as co-payments, gas to appointments, medication, and any other expenses.
Each small detail contributes to the overall picture.
7. You Can’t Go It Alone Too Long
Some people hesitate to consult an attorney. We can understand. They may not want to be a “that person” or they might think that they can do it themselves. Maybe they think it’s just too expensive.
We’ve seen it time and again: delaying legal assistance can cost more.
By the time they call, deadlines are already past. Evidence is missing. Already, statements have been made. Now we have to work uphill.
We, and most personal injury attorneys, offer consultations for free. No commitment. No pressure. Just a discussion to get a better understanding of your position.
What can we do to help you? We will tell you. You don’t require an attorney? You’ll also hear that.
Protecting your rights before it is too late is important.
8. Underestimating the Impact of Long-Term Change
We’ll talk about “minor” injuries.
It’s a common misconception that you will be okay if your injury didn’t require hospitalization or if it wasn’t serious enough to break a bone. We’ve seen soft-tissue injuries that last for years. Concussions can turn into chronic headaches. Knees can never fully recover, even after physical rehabilitation.
The human body is complex. Recovery isn’t linear. What may feel like a “strain” today, could prevent you from working at full time in six months.
Exaggeration is not the goal. It’s important to not minimize too early. Your recovery deserves the time it needs. Give your body what it deserves.
Last Thoughts From Bonardi & Uzdavinis LLP
We are not here to terrorize you. We are here to help you.
Personal injury law doesn’t mean playing the system. It’s about getting your life back on track after an accident or injury has thrown you off course. You don’t want to be stuck with medical expenses you didn’t request, lost income that you can’t replace or pain no one takes seriously.
We want to let you know that mistakes do happen. The sooner you learn what to do and avoid, the greater your chance of making a full recovery.
We take each case seriously at Bonardi & Uzdavinis. Yes, we are familiar with the law. But more importantly, we also know our clients. We know that it’s hard to ask for assistance. Once you ask for help, what happens? You’re in good hands.
This post was written by a professional at Bonardi & Uzdavinis, LLP. Bonardi & Uzdavinis, LLP is a boutique, full service law firm providing its clients with a wide range of representation. Our primary areas of practice include real estate, probate, personal injury, construction, and commercial litigation. If you are looking for a real estate attorney or st petersburg personal injury lawyer contact us today for a case evaluation today!