Sometimes bad things happen to good people. The same can be said about your lawsuit. Even when you’re trying to do the right thing, there are many ways that your unsuspecting auto accident case can be compromised. This list will hopefully help you go a long way in preventing damage to your case when dealing with your insurance company or a defense lawyer.
- Lying – This one is pretty easy to avoid. Your mom told you not to do it and the same principle applies to the law. Lying on insurance forms and other documents can void your claim and lying to the court can put you in serious trouble.
- Inaccurate Paperwork – No Fault claims should be accurate and absolutely truthful. The only one you are hurting by an erroneous submission is yourself. Mistakes, and even innocent ones, can be deemed fraud by the defense and result in the termination of your No-Fault claim in Florida.
- Social Media – Defense attorneys, insurance adjusters and investigators can and will use your social media activity against you. They will research these sites and all of your digital footprint to find evidence that you are not as injured as you claim you are.
- Surveillance – In addition to social media, defense teams will often hire an investigator to watch and determine if you are attempting any activity that is outside the realm of reason due to your injuries. It’s hard to deny you weren’t dancing when it’s on video.
- Medical Appointments – Follow the advice of your doctors and do not miss any appointments. Missing a doctor’s appointment can be interpreted as not being hurt or not needing additional treatment. It’s important to show that you are working diligently to get better. Also, if you are referred to a new doctor or need to take new tests, advise your personal injury attorney immediately.
- Talking About Your Case – Anything related to your accident or case should always go through your lawyer. Do not speak to an adjuster, a representative of the defense team, a juror or anyone else about your case. If you’re approached, have them speak with your attorney.
- Documentation – Photos and video are a great way to document the extent of your injuries and the damage to your vehicle. Your attorney should take pictures and video, but it’s always a good idea to take your own as a back up.
- Procrastination – In Florida, you have a window of 14 days in which to get treatment before you cannot file a No-Fault claim. You won’t be able to recover lost wages, medical bills, replacement services or anything else if you miss the filing deadline.
- Disposing of Evidence – Make sure you save all your pill bottles, casts, doctor’s reports and anything related to your injury and claim. Do not throw them away. All of this can be used as evidence in your case.
- Signing Documents – Do not sign anything from the insurance company, an adjuster or from anyone else related to your case until you check with your attorney first. Sometimes the fine print can limit your recovery.
If you or someone you care about has been injured or involved in a car or truck accident, contact the attorneys at Weinstein & Cohen for a free and confidential legal consultation to learn more about your options at 305-374-2011 or 239-793-3331.
