How To Hurt Your Florida Personal Injury Claim

An experienced Florida injury attorney discusses seven things that you can do to avoid hurting your personal injury claim

In a recent post, I delved into some of the common strategies claims adjusters use to Hurt Your Personal Injury Claim. But did you know that there are plenty of ways you can severely hinder your chances of receiving a fair settlement for your personal injury claim on your own?

Oftentimes, injury claimants fail to realize that they themselves are one of the most important aspects of their personal injury case. Your actions and behavior following an accident can be a huge determining factor in the outcome of your claim.

While you may understandably be feeling shaken, upset, or emotional in the aftermath of a car accident or other traumatic event, it’s important to try and remain as calm and clear-thinking as possible, while avoiding doing anything to harm your credibility or belittle your suffering. Below, I’ve listed common mistakes that could result in your claim being reduced in value or even denied entirely. So before you react, read these carefully.

Neglecting to contact the police or file an incident report can hurt your personal injury claim

After causing a car accident, the responsible party may try to convince you to try and settle it yourselves and not involve the police. But having a legitimate police report on the day of the car accident is crucial to your claim, since you may be able to use it to prove you were not at fault. Although Florida is a no-fault state, proving that the other driving caused the accident may be necessary should PIP coverage not be sufficient to cover all your injuries and lost wages. If you are injured in a slip and fall or trip and fall or an accident, file an incident report within 24 hours (if not immediately) after your injury.

Neglecting to seek immediate medical attention.

Seeking prompt medical attention after your accident is important to ensure your well-being and long-term health. Even if you feel your injuries are minor, it’s vital to obtain a doctor’s opinion because often injuries do not flare up until days or weeks after an incident. In addition, if you neglect to seek prompt medical attention, insurance companies may use this as evidence to prove you were not seriously injured, or that your injuries were incurred in a subsequent incident. Neglecting to seek medical attention for your injuries also makes the injuries appear to be too minor to seek help.

Not being upfront with your doctor.

When seeking medical treatment after an accident, try to be as open and honest with your doctor as possible. Explain your symptoms in detail and without exaggeration, and tell your doctor about any previous injuries, existing medical conditions, or illness. Not only will this ensure you receive quality and appropriate care, but it will strengthen your credibility. If you supply the doctor with misleading or false information, insurance companies might use this as evidence that your claims are invalid. I find this to be a particular problem with clients who are in or former military as these folks are not complainers by nature. We tell all of our injured clients that they should never lie, do not make up symptoms – but don’t hold back either. The name of the game is documenting your injuries. If a symptom is not documented in a doctor’s report it might as well not exist. Your personal injury lawyer cannot get you compensation for injuries and pain that is not properly documented.

Ignoring medical advice can hurt your personal injury claim

If your doctor advises you to obtain certain medical treatment or take specific medications, it’s critical that you follow his or her instructions precisely. Do not miss appointments or end your recommended treatment prematurely. If you have adverse reactions to medications or therapy, let your doctor know so he/she can explore other options. Otherwise, insurance companies may argue that you could not be genuinely injured or serious about your recovery. The insurance company term for this is non-compliant. They love labeling personal injury clients as being non-compliant and therefore not significantly injured. The theory being: if you were really in pain you would take your medical treatment seriously.

Accepting the insurance company’s settlement.

Insurance companies are likely to contact you with an initial settlement and insist there is no reason to hire a lawyer. However, you can be sure their settlement offer is much smaller than what you are entitled to. It’s important to never accept an initial settlement offer from insurance companies, which could waive your right to seek additional compensation in the future. Once you hire a personal injury lawyer, by law, insurance companies are not allowed to communicate with you.

Posting about your injury on social media.

You can be sure that insurance claims adjusters will go through your social media accounts looking for information that could diminish your injury claim. Avoid posting any information about your injury or recovery process on Facebook, Twitter, Pinterest, Instagram or any other social media account, whether in the form of status updates, Tweets, comments, or photos.

Neglecting to hire a personal injury attorney can Hurt Your Personal Injury Claim

After seeking medical treatment for your injuries, your next move should be to contact a personal injury claim attorney. Your attorney can explain your legal rights and guide you through the process of filing a claim while advising you against actions that could diminish your claim. Your lawyer can help you prepare your case in a way that will maximize the settlement you receive. If it becomes necessary to go to court to secure fair compensation, your attorney can stand up to the large insurance companies on your behalf.

Experienced Personal Injury Attorneys

If you or anyone you love has been injured in an accident, get in touch with an experienced personal injury lawyer at Neufeld, Kleinberg & Pinkiert as soon as possible and fight for the compensation that you need and deserve. Call us today for a free consultation. We will work hard to prove your case and we receive no compensation unless you win your case.

Over 100 Years of Combined Personal Injury Experience in Florida

Start My Claim(305) 931-6666

Reviews

QuoteQuote

Met with Robert after I had a car accident in Pembroke Pines. Very nice man. Nice staff who answered my questions and got a good settlement.

Paula A.

Great lawyers, great attention to detail, great trial strategies. I am a trial consultant who has worked with the top attorneys in the United States. NKP are the best of the best.

Amy Singer, Ph.D, Trial Consultant

Neufeld, Kleinberg & Pinkiert, PA handled my case against Uber for me and got me a great settlement after I was involved in an accident. They handled all of the negotiations with my doctors and with the other lawyers to get me the best deal possible. I definitely recommend their services!

Daniella Di Prizio


You Only Pay Legal Fees if We Win a Settlement

Neufeld, Kleinberg & Pinkiert, PA handles a variety of personal-injury cases. We understand that you are concerned about getting healthy, getting back to work, paying your bills and of course, being fully compensated for your loss. Contact us to start the path to wholeness from your injury today.

Get Consultation
  • NEVER Pay A Fee Unless
    We Win Your Case
  • Highly Experienced & Professional Representationur
  • Start Your Claim Off With A FREE Case Evaluation
  • Get Back To NORMAL... As Soon As Possible

Request a Free Consultation

All Consultations Are Free of Charge

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form
Avvo Rating 10
Top 100 US Verdicts
Super lawyers

Helping those
Injured in Accidents
Across Florida

While we are proud to call Miami and Aventura home, we are also more than happy to help injured people living anywhere in the Sunshine State. In fact, we’ve even been known to travel all around the country just to meet our clients’ needs.

We are here to help the residents of:

Recent Articles from the Blog

Does Uber Have Insurance? What Happens If I'm In An Accident?

Does Uber Have Insurance? The short answer is yes, but the coverage can be confusing. Here is what you need to know if you get in an Uber accident. Florida's mandatory no-fault insurance requirements impact the exact steps you need to take after an Uber accident.

October 5, 2021

The Insurance Company Says I'm At-Fault For The Car Accident. Can I Still File A Claim?

If an insurance company claims you are at-fault for a car accident, but the evidence says otherwise, you can still pursue a personal injury claim. It is important to note that, regardless of which scenario best reflects your case, your ability to file a claim relies on what the evidence says and what can be proven in court far more than it relies on what the

October 5, 2021

Can I Still Win My Personal Injury Case With A Pre-Existing Injury?

The good news is that you can still win your personal injury case with a pre-existing injury, but it might be a little more complicated. If you were injured in an incident where another party is at fault, such as a car accident, a slip-and-fall accident, or a case of medical malpractice, you deserve compensation for your injuries.

August 14, 2021

The Most Common Boating Injuries and What To Do After an Accident

Boating can be one of the most enjoyable activities in Florida. However, what is your recourse if you or a loved one is hurt due to a negligent boating accident? Our team of experienced attorneys can help you receive compensation from a negligent boater to assist with medical bills or property damage. Here are the most common types of boating injuries, what

June 8, 2021

Understanding Differences Between Product Liability and Lemon Law

It's incredibly disappointing to find out that a major purchase like a car has a substantial flaw or defect. When that flaw or defect impacts the mechanical function of the vehicle, it can be a lot more than disappointing — it can be deadly. Product liability and lemon law are two areas of the law that help protect consumers from manufacturing issues that re

May 20, 2021

What You Need To Understand About PTSD After A Car Crash

Car accidents can be difficult situations to endure. In many circumstances, these accidents often bring about physical and mental trauma. In fact, motor vehicle accidents are the leading cause of post-traumatic stress disorder (PTSD) in the general population.

April 8, 2021