Dos and Don’ts for Pending Personal Injury Cases
If you’re a plaintiff in a personal injury case, there are things you should and should not do while your case is pending. In this article, we’ll discuss three of those things. You can read about those things below, or watch this video from Attorney Joel Ready.
1. Do not post on social media.
When you have an active or pending personal injury case, do not post about your life on social media. Do not post about the lawsuit and do not post about anything else. Anything you post on social media can be used against you in court. The insurance company on the opposing side may point to vacation photos, date photos with your significant other, showing off your recently completed DIY project, or any other information you share on social media as evidence that your injury is not that bad. They will try to delegitimize your case. So, while your case is pending, do not post on social media.
2. Do not talk to friends and family about the lawsuit.
You should not talk to friends and family about any kind of lawsuit you’re involved in, but this is especially true for personal injury suits. Anything you tell your friends or family can be discovered by the insurance company defending the other side. You may be asked in a deposition or in written discovery to disclose any person with which you’ve discussed your case. If you’ve spoken to a friend or family member about it, that person will become a witness. They may end up misremembering details and testifying in a way that makes you look dishonest.
There are some people with which you can have privileged conversations (conversations that cannot be used against you in court). Those people include your spouse, your attorney, your doctor, your spiritual counselor (pastor, priest, rabbi—someone who is part of a church or organized institution). Anyone outside of that may be called as a witness to your case, so it’s best to avoid those conversations altogether.
3. Keep getting treatment after your accident.
Our third and final tip is to keep getting treatment after your accident. Sometimes bills get expensive, treatment becomes hard, and life gets busy. It’s important to keep getting the treatment your doctor recommends anyway. If you stop the treatment early, the opposing side can use that as evidence that you are feeling better. This may not be why you stopped treatment early, but it may be difficult to prove that. Getting treatment is important for your recovery, and it’s important for building and demonstrating your claim.
Call Cornerstone Law Firm for help.
Personal injury cases can be stressful and overwhelming. If you’ve suffered an injury from an accident or someone else’s negligence, you may be entitled to compensation. Call our attorneys for a free personal injury consultation today.
