Protect The Value Of Your Case
I'm going to tell you something that I think would be of a lot of interest to you. That is how do I make my injury case settlement bigger. What things can I do as the injured person to make sure I protect the value of my case or get every penny the law says I'm entitled to with no discount?
The first thing is, in every kind of injury case, whether we're talking about a car crash, work injury, fall down, dog bite, bar fight, nursing home abuse, and medical malpractice injury. Whatever it is, the first thing is, we want as clean accident as possible or a clean mistake as possible. You don't want to do anything to have made it worse. What do I mean?
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For Car Accidents
Well in a car accident, you're going to be entitled to a bigger settlement if you were stopped at a light with a witness and the defendant just rams into the rear of your car. If that's the case, they're never going to reduce the value of a settlement offer or a verdicted trial because you are completely not at fault.
For Medical Malpractices
I'll give you a medical malpractice as an example. You have a surgery and something's not quite right. You go to your family doctor instead of back to the surgeon. Then you'll wait a month and then you go back to the family doctor again, you wait another month, you take another two months off, you go back to the family doctor.
You finally go see the surgeon six months or a year later and it turns out that there's something wrong with the surgery. Well, you have a duty to reduce your damages and act reasonably. Again, if you do something or if you're doing activities that would make the surgical site worse, if they tell you don't go jogging, don't go walking for at least three months and you go out walking, then you have a problem with the surgical site.
For Dog Bite and Fall Down Cases
All of those things are things that they can pin some of the blame on you for why things are not awesome for you. Like in a dog bite case, if there's a witness that says you were antagonizing the dog or teasing the dog with food. Or in a fall down case, if you were wearing eight inch heels and you had been drinking and then you were at a restaurant you slipped and fell on ice and water or oil that was on the floor.
Consult An Attorney And See A Doctor
Those are the sorts of things that can kind of implicate you a little bit for part of the reason why you had your injury and that reduces the value of the case. That's why I always tell people to consult with an attorney right away. The attorney will tell you what to do and what not to do to protect the value of your case. And get in to see a doctor right away, don't delay. Those are the two best pieces of advice I can give you about making sure that your actions right after the accident aren't going to be something that reduces the value of the case.
So how can you increase the value of your case?
Consider Switching Doctors
Well just what I said. Make sure you get to a doctor, make sure it's a doctor who knows how injury cases work and who's on your side. If you talk to a doctor and the doctor has an attitude or their attitude towards you changes the minute they know it's an injury-related accident, you might want to consider switching doctors. I've seen it over and over. If the doctor is mad at lawyers or had a bad experience in some injury cases and they demonstrate to you that they don't want to have anything to do with it. No matter if they act like your friend or they've been your doctor for 20 years, you got to think about seeing a different doctor.
A Clean Medical Treatment
What else can you do? Well, a clean medical treatment. No gap in medical care and clean medical treatment. What do I mean by clean medical treatment? Well first, if you're hurt, go see a doctor and get it documented right away.
Insurance companies defend these cases on gaps in medical treatment all the time. The reason they do is that, in front of a judge and jury, if you're saying you're hurt really bad or you got hurt really bad in the accident. They're going to want to know "well, why aren't they going to the doctor, why did they wait a month to go to the doctor, well they went to the ER but why did they wait three weeks to follow up, sounds like they got better and now they're just trying to get money out of a lawsuit". Is that harsh?
Your Treatments, Your Decision
That's what people say in the Jury Room when they're deliberating on a case with a treatment gap. The other thing is, I always tell people, any medical procedure like an injection or a surgery, it's completely up to you whether you do it or not. However, if you are prescribed treatment by a doctor and you don't do it, the jurors don't like that. They think that maybe you're not really hurt.
It's even as simple as like if you get a prescription for therapy and you don't do the therapy, the jury gets mad at you. They're like wait a minute, I'm taking time out of my life to listen to this guy or gal who says they're hurt and going and getting therapy to get better was a waste of their time. They're too important to go do it but they're wasting all 12 of our time. It's just not good.
Follow Doctor's Advise
So if your doctor gives you advice, you should follow it. But obviously, if it's something serious, it's up to what you want to do. If you don't want to have a surgery, we can talk about it. And as long as I know that these things are in a case, I can position the case to minimize the damage that these things call our cause.
But if you don't do anything to reduce the value of your case, you consult with a lawyer right away, you go to see a doctor right away and you follow the doctor's advice. That's your best way of increasing the value of your case, maximizing what you get in an injury case settlement.
Be Careful Of What You Post On Social Media
There's like a million other little examples of things that you can't do. One big one is, posting on social media. I don't care if you're as proud as you can be of your child or of your niece or nephew or your brother or sister or cousin throws the biggest party of your life and all that stuff. If you're on social media dancing and hang gliding and jumping on a trampoline and running and sliding on a slip and slide with the kids at a party. And that video is on social media, they're going to show it to the jury and your case is going to have no value.
On the other hand, taking photos of your neck collar and your medication and having damages witnesses who can say
"we had the biggest party in our family's history and she couldn't come, and I actually went to her house to try and talk her into it and then I saw how much pain she was in and how miserable she was and then I didn't even try to talk her into it".
That increases the value of your case. There's a million things like that but the social media thing is a good point.
Do Not Post Jokes And Memes About Your Case
Here's another thing you. I've had people who get into an accident and they're on social media and they post something just to their friends. It's just to their friends like on Facebook or whatever social media it is or even TikTok or any social media that you might be on. Do not ever get online and joke about "oh look somebody ran into me, I'm getting paid" or do a meme on Facebook like "oh somebody ran into me" and then there's somebody doing a video shooting money all over the place. Do not do that.
Arguably that is admissible and that can go in front of the judge and jury and it will destroy your case even if it was a joke. Even if you didn't mean it, even if you're the most honorable person, even if you're like the class clown, you're the person who always likes to make everybody laugh, even if you're just trying to cheer yourself up because you were feeling bad about your injuries and you weren't feeling well. That kind of stuff can kill a case. So take a vacation from social media if you've got an injury case because it can kill your case.
Posting Missed Occasions On Social Media
On the other hand, if there are posts on your social media about how you couldn't make into an event. Like your son's graduation, you couldn't go to your sister's birthday or a trip for her birthday, or you and your husband had to skip the anniversary party you were going to throw for yourselves or the big vacation you were saving up for, whatever it is. That kind of stuff adds value to the case.
Hope that information helps you, hope you are well. If God forbid you or a family member or a loved one or anyone you know needs to talk to an injury lawyer, I'm available. I give a hundred percent free consultations.