Common Mistakes That Can Be Fatal To Your Oregon Injury Claim

 

Don’t Post Details About Your Collision or Injuries on Social Media Web Sites.

I am shocked at what people post to their social media accounts.  This is an evolving area in the law, but insurance lawyers will ask for a complete copy of a person’s social media data.  Do they have a right to that information? Maybe not.  But if there are entries about your activities, your injury, or your medical care, chances are, they will get it.  I tell my kids that when they post something to their social media account, pretend that it will be seen on a billboard on the busiest road in our town.  You should do the same.

Don’t Talk to Everyone You Know About Your Case, or Even People You Do Not Know.

Just like a person reading a social media post, someone could take a comment out of context, and later it could be used against you.  Do not talk to anyone about the details of your case.

Don’t Blow Off Your Doctor

 Insurance Companies love it when people do not follow their doctor’s instructions.  The assumption is that an injured person will go to the doctor, but someone not badly hurt will not.  Medical care can be a hassle.  It often cuts into your work day, and you have to go two, maybe three times a week.  But, if you do not go, then someone, whether it is an insurance adjuster or a juror, is going to assume you could not be all that injured.  Life is busy, and we have responsibilities to our families, our co-worker’s, and bosses.  But, if you can, avoid blowing off your doctor.

Don’t Hide Past Accidents Or Injuries From Your Lawyer

Once you file your case in court, the defense and the insurance company have the right to ask about your prior health history.  Of course, they will be interested to know if you have been in any prior accidents or collisions.  The truth is that the insurance company will probably already know whether you were in an accident in the past.  Insurance companies share information, and have access to claims indexes.  The insurance company’s question about prior accidents is not driven by curiosity, but instead an attempt to see if you are being up front and honest.

If you hide this information from your lawyer, you are killing your case.  I do not know any other way to say it.  I caution my clients that I cannot help them if I am left in the dark.  Many times, we can address any issues that come up with prior accidents.

Misrepresenting Your Activity Level

Insurance companies routinely hire private investigators to conduct videotape surveillance. If you claim that you cannot run, climb or stoop, and you get caught on videotape, your case is over.  Even without surveillance video, a neighbor or co-worker could testify about seeing you run, jump climb or stoop.  Probably most damaging is claiming you cannot do an activity, but then being shown a chart note from your own doctor where you state you were doing the very same thing you claim you cannot do!  Not good.

If you have question about your claim, even if it is whether you need an attorney in the first place, call us at 503-325-8600.  We have helped many people just like you over the years..