8 Ways To Lose Your Injury Case

Don’t lose case value! Avoid these 8 actions and get the max settlement you deserve!

1. GAPS IN TREATMENT: Going to the doctor when you are injured is critically important to your case. If you are forced to treat for a long period of time, the treatment itself can get exhausting and it can be difficult to fit in your schedule. If you take a couple months off of treatment and then decide to resume treatment, you will face an argument from the insurance company that the treatment after your gap should not be covered. Insurance companies often do not allow you to try and heal on your own. Gaps in your treatment timeline can destroy the value of your case.
2. UNREASONABLE EXPECTATIONS: Juries on the Midwest tend to be conservative when they award verdicts for pain and suffering. Your lawyer will advise you on the reasonableness of the insurance company’s offer, based upon similar cases in the area.
3. IGNORE YOUR INJURIES: If you experience pain or symptoms related to your accident, but fail to tell your doctor or physical therapist regularly, the insurance company will not consider it to be a part of your bodily injury claim. If you do not seek treatment for an injury, the insurance company will argue that you are not injured.
4. DECLARE BANKRUPTCY: If you declare bankruptcy, before or after your settlement, you could lose your right to money for pain and suffering. If you would like to make a recovery, do not declare bankruptcy. Speak with your attorney about the specific rules surrounding bankruptcy and other alternative options if this is a concern.
5. MISSING APPOINTMENTS: If you are scheduled for an appointment and you do not call ahead when you have to miss the appointment, the provider will often record that you missed the appointment in your medical records. The insurance company will argue that you were not compliant with your treatment and you will lose money from the value of your case.
6. OVERSHARE WITH YOUR DOCTOR: Your provider makes written reports whenever you see them. It is not just the doctor that writes these reports. The nurses make notes, physical therapists, and sometimes even front desk staff. Things you say at your medical appointments will end up in your medical records. The insurance company will receive your medical records in the demand we send. These records support your claim for pain and suffering. Insurance companies will search through your records looking for anything negative.
7. OVERSHARE ON SOCIAL MEDIA: Insurance companies routinely investigate your social media pages prior to making an offer. If you post about vacations, leisure activities, or anything about your injuries, it can potentially lower the value of your case.
8. NOT HIRE AN ATTORNEY: Injury victims who do not hire an attorney risk sending a message to the insurance company that they do not care about their case or take the claim seriously. Insurance companies, even if it is your insurance company, will try to pay as little as possible. Injury attorney are familiar with the tactics insurance companies use and know the best ways to respond to maximize your claim values.

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The information on this blog is for informational purposes only. It is not meant to serve as legal advice for an individual case or situation. This information is not intended to create an attorney-client relationship nor does viewing this material constitute an attorney-client relationship.