Navigating a personal injury claim is difficult, especially for the injured victim. Dealing with the insurance company, getting medical care, potentially missing work, and needing help from family and friends to do normal activities are just a few of the things you need to deal with. All while being hurt through no fault of your own. And unfortunately, sometimes an injured person can inadvertently do things that can harm their claim. In this post, Kane Trial Law lists the top three mistakes a plaintiff makes and gives suggestions on how to avoid them. 

1. Not getting medical care. Probably the biggest mistake we see from potential client is delaying medical treatment after an injury. Often, they think the pain will resolve on its own. Or, they make an initial visit to the emergency room or urgent care and don't follow up with a specialist as recommended. There may be very good reasons for that but the insurance company will most certainly use that against you when it comes time to resolve your case.

The adjuster will say something like “we see a gap in treatment here; your client was told to follow up with an orthopedic doctor and they waited 8 weeks. She must not be hurt very badly.”

We always advise our clients to make sure and follow all doctor's treatment recommendations. After all, the most important thing is your health and making the best recovery as possible so prioritize medical care, even if it is inconvenient. 

2. Exaggerating the injury and pain levels. Anyone who has been to the doctor has probably been asked “from 1 to 10, 10 being the worst, how much pain are you in?” Normally, the doctor will tell the patient that 10/10 pain is the most excruciating pain they've ever experienced. Since pain levels are subjective, the medical providers use the scale to determine how much discomfort their patient is in.

While we have had some clients with catastrophic car accident injuries experience 10/10 pain, it is relatively uncommon. And as much as you may want to highlight the significance of how much your injury hurts, consistently telling the doctors you're in 9 or 10/10 pain could harm your credibility. The best approach is to always be completely honest. Even if your pain is a 5/10 – that's significant, particularly if prior to the injury your pain in that area was 0. 

3. Posting on social media. Even the most harmless social media posts can be misconstrued or taken out of context. We always advise our clients to limit or cease social media posts altogether while their case is pending. Importantly, never post anything about the case, the car accident (or other injury-causing event), or anything negative about the person who hurt you. While they may be true, you don't want to let the insurance company portray you as vindictive or not being as hurt as you claim (if you post a picture doing an outdoor activity). It's perfectly fine to continue trying to do the things you enjoy doing after you recover, just don't give them added ammunition to attack your credibility by using a social media post out of context.

If you've been hurt in a car accident, truck accident, slip and fall or suffered a serious injury through no fault of your own, contact Kane Trial Law at 303-919-7777 for a free consultation. Based in Castle Rock, we represent injured clients throughout Colorado. 

Frequently Asked Questions

What should I do immediately after a personal injury accident in Colorado?
After an accident, seek medical attention as soon as possible, even if your injuries seem minor. Document the scene, gather contact information from witnesses, report the incident when appropriate, and consult a personal injury attorney before speaking extensively with insurance companies.

Why is getting medical treatment important for a personal injury claim?
Medical treatment creates documentation that links your injuries directly to the accident. Delays in treatment or gaps in care can allow insurance companies to argue that your injuries are not serious or were caused by something else.

Can social media affect my personal injury case?
Yes. Insurance companies often review social media accounts for evidence that could contradict your injury claim. Even innocent photos or posts can be misinterpreted and used to question the severity of your injuries or your credibility.

Should I avoid social media while my injury claim is pending?
It is usually best to limit or avoid posting on social media while your case is active. Do not post about the accident, your injuries, physical activities, or anything related to the claim until the case is resolved.

Can exaggerating my pain hurt my personal injury case?
Yes. Medical records and credibility are critical in a personal injury claim. Exaggerating pain levels or symptoms may harm your credibility if it conflicts with medical findings or other evidence.

Frequently Asked Questions

What should I do immediately after a personal injury accident in Colorado?
After an accident, seek medical attention as soon as possible, even if your injuries seem minor. Document the scene, gather witness information if possible, report the incident when appropriate, and consider consulting a personal injury attorney before speaking extensively with insurance companies.

Why is getting medical treatment important for a personal injury claim?
Medical treatment creates a documented record connecting your injuries to the accident. Delays in treatment or gaps in care can allow insurance companies to argue that your injuries are not serious or were caused by something else.

Can social media affect my personal injury case?
Yes. Insurance companies often review social media accounts looking for posts or photos that could contradict your injury claim. Even harmless updates or pictures can be taken out of context and used to challenge your credibility.

Should I avoid social media while my injury claim is pending?
In many cases it is best to limit or avoid posting on social media until your case is resolved. Avoid posting about the accident, your injuries, physical activities, or anything related to your claim.

Can exaggerating my pain or injuries hurt my case?
Yes. Credibility is critical in a personal injury case. Exaggerating pain levels or symptoms can damage your claim if it conflicts with medical records or other evidence. The best approach is always to be honest and accurate when discussing your injuries with medical providers.