When you are injured and hire a personal injury attorney, you are a part of your legal team as well. To help you be better prepared, the attorneys at Rafi, Brown, and Stokes have compiled a list of things you should and shouldn’t do when you are involved in a car accident or other type of personal injury case.
1. DO get medical treatment if you need it.
Go to all doctor and physical therapy appointments. Follow all your doctor’s recommendations. The defense will use all lapses and delays in treatment – no matter how legitimate your reason – to claim you must not really be hurt. We are happy to help coordinate doctors’ appointments for our clients.
2. DON’T over or under exaggerate your injuries.
When you talk to your doctors, family, friends, and coworkers, you must tell them exactly how you are feeling, whether good or bad. Over exaggerating your injuries is very risky because doctors often perform tests to tell if their patients are genuinely injured. Under exaggerating is also damaging because if you do not tell the doctor how hurt you are and how badly you feel, you will not get the treatment you need, and your case’s value may be affected.
3. DO tell your lawyer about witnesses.
Tell your attorney the names and contact information for witnesses as soon as possible. At the start of the case, both sides will be reaching out to witnesses to get their sides of the story. Many times, whoever speaks to the witness first has the best chance of getting favorable information. So, the earlier we can speak with witnesses, the stronger your case will be.
4. DON’T discuss what your lawyers tell you with anyone else.
Conversations (including emails and texts) between you and your lawyer are privileged and confidential—this means that the defense cannot learn what you tell your attorney and what your attorney tells you. Your lawyer will likely talk to you about important case details and strategy, so it is vital to keep those conversations private. If you tell other people about what you and your legal team talk about, no matter how insignificant it may seem to you, this may allow the defense to learn about private conversations and strategies.
5. DO make your social media private.
At a minimum, make all your online and social media accounts private or consider changing your name to a nickname or first and middle name, so it is more difficult to find you. If you are willing, we recommend you temporarily deactivate your accounts. The defense WILL research your online accounts and take information and photos of context to hurt your case. For example, the defense may claim an image of you smiling with some friends shows you are happy, healthy, and not truly injured, even though you may not even have full use of your limbs and are merely smiling through the pain. Even something as simple as posting a comment saying, “I was in an auto accident, but I’m okay,” could be harmful to your case.
6. DON’T post to social media, but if you already have, do not delete anything.
Do not post anything about how you got hurt, how you are feeling, who you blame, or anything else about your case. If you already have posted something about your case to social media, that is okay—tell your attorney about it and do not delete it. Social media posts are considered evidence, so if you delete posts or photos, then it can be argued that you destroyed evidence, which could hurt your case. As we mentioned, you may temporarily deactivate your account, but do not delete anything.
7. DO keep a journal.
If you are still experiencing pain, keep a daily journal about how you are feeling and what you are doing each day. Writing down how you are feeling each day is essential because you may forget the details by the time you have a trial.
8. DON’T give any statements without your attorney present.
This includes written or oral statements given to any insurance company, apartment complex, or any other party involved in your injury. An insurance company may contact you to ask for a recorded statement, but no matter how sympathetic and kind they may sound, you do not have to give it to them. Insurance companies often take recorded statements and use someone’s words against them to reduce a claim.
9. DO keep us updated.
Tell your legal team about how your doctors’ appointments and treatment are going and how you are feeling. If you have questions, need advice, or just want to vent, the team at Rafi, Brown, and Stokes is here for you!
10. DON’T keep secrets.
Your attorneys are eager and willing to work for you, but they cannot do their jobs if they do not know all the details about your case. Your attorney is not here to judge. Remember, confidential communications between an attorney and his or her client are kept secret. Honesty is key to getting the most favorable result for your case.
