The legal process around a personal injury case that involves a bicycle accident, crash, or injury can be confusing and complex. It’s why you hire the Bay Area Bicycle Law team to chart a path toward the best possible outcome – but plaintiffs also play an important role in that success.
The goal of a personal injury claim is to secure compensation for the expenses incurred because of the accident and for pain and suffering. This may include:
- medical bills
- property damage
- lost income
- emotional damage
It’s critical to the case that plaintiffs are able to show the injury and damage and to maintain the sequence of events. Without that, you may have a more difficult time proving your case and getting the compensation you need.
If you’re doing the following five things, you might be undercutting your own success. Here’s how to avoid those mistakes and strengthen your case.
One: Being inconsistent with your story
With time, you may forget details of the incident. The event and aftermath may become fuzzier in your memory. While this is a normal and common experience, it’s vital to stay consistent with what you tell first responders, insurance representatives, and health care providers.
Keep in mind that these retellings are often compared to each other and if they differ too much, you lose credibility. This can hurt your ability to get the most out of your case.
To ensure consistency, you can keep a journal of details surrounding the crash or event so that you can recall important details accurately and they aren’t lost to memory. These details might include:
- Time of accident
- People who were present
- Details about the car, the location, weather, and road conditions
- What you remember right before the accident
- Medical advice, doctor appointments, etc.
- Symptoms you felt right away and how they’ve developed over time (physical and mental)
- How day-to-day life is affected
Two: Disregarding doctors recommendations
Another way plaintiffs often inadvertently diminish the value of their case is by brushing off the recommendations given to them by medical professionals.
Sometimes these recommendations can be difficult to follow or easy to dismiss, but if you don’t follow them, you may be hurting your own credibility. In the moments after a crash it can be easy to say you feel fine and don’t need to go to the hospital, but if it’s recommended by a first responder, you should probably heed their advice.
The same goes for follow-up appointments. If you’re instructed to wear a brace or take a specific medication, for example, make sure you’re doing so. Failing to do so may sow doubt about the seriousness of your injuries.
Three: Avoiding needed treatment
Seeing the right doctors as quickly as possible after your accident is important for your health and recovery, and it helps your legal claim.
You don’t want to delay treatment for a few reasons. First, there may be underlying issues from the crash that you’re not aware of. Adrenaline can kick in during a collision and it can take some time to calm down and realize the full extent of the injury.
Second, it shows how seriously you take the matter. Insurance companies will take notice of when you seek care, so if you’re putting off seeing a doctor, it’s best to be proactive.
Four: Being too optimistic with your doctor
For many cyclists, injuries are a part of life. Achy joints and sore muscles can be a bit of a badge of honor, but when you’re expressing your pain to your doctor after a crash, be honest about what you’re feeling, both physically and emotionally, and how it’s affecting your daily life.
If something feels off, don’t dismiss it or avoid the topic because you’ve experienced worse or you’re not exactly sure if it’s worth mentioning. Health care providers are there to work with you through your injuries and develop a treatment plan. They’ll be able to advise the best course of action for you. For your legal case, it will be important that these details are recorded by your provider, so speak up.
Many people, understandably, try to be optimistic when they discuss their health and symptoms, but this can result in doctor records that make it seem that you’re doing better than you are. In the long run, it’s better for your health to treat injuries and health issues as they are.
Much like the crash-related log, you can also keep notes about your symptoms and emotions. This may help doctors better understand your injuries and what the best course of action is for your recovery.
Five: Exaggerating symptoms
Remember that exaggerating your symptoms can also harm your credibility.
If an insurance company identifies discrepancies in your story or finds that what you’re claiming doesn’t necessarily align with the care you’re receiving, there could be serious consequences and you may lose your legal claim. Keep in mind that insurance adjusters are skilled at spotting these exaggerations, so it’s highly unlikely you’ll get away with it.
Honesty is always the best policy.
Conclusion
Your job is to focus on recovery and maintaining your credibility. To enhance your case, remember:
- It’s crucial that you keep details straight; keep a journal if necessary
- Avoiding care following the accident is a bad look
- Take your doctor’s advice, it’s good for your health and your case
- Remain honest, don’t be shy about your symptoms, but don’t try to oversell them either.
Personal injury claims can be confusing and difficult to navigate, especially when you’re experiencing pain and your quality of life is diminished. Bay Area Bicycle Law is here to help. For a free consultation, reach out today.