One of the most damaging things that can happen to car accident victims is that they inadvertently hurt their accident case by performing what seems like harmless actions. What these victims do not know is that when a large damages claim such as six or seven figures is on the line, defendants, insurance adjusters and other parties will do everything in their power to scuttle the case.
To understand more about how you can avoid hurting the strength of your case, consider the story of Dana involved in a motor vehicle accident:
Dana is a single mom who was hospitalized following a motor vehicle accident with a drunk driver named Kyle. Kyle was later convicted of a DUI for the incident. Unfortunately for Dana, Kyle's insurance refuses to pay a fair amount for her injuries and the losses she encountered from being unable to work, having to hire a babysitter and so on.
After refusing Kyle's paltry insurance settlement offering, Dana files a personal injury lawsuit against Kyle to receive compensation for her injuries and emotional distress. Her hope is that Kyle's decision to drive drunk carries extra weight with the judge or jury, bringing them closer to her interpretation of the facts.
Unfortunately for Dana, it all goes downhill from there. The medical examiner requested by Kyle's insurance stated in their official documentation that Dana's injuries were not as severe as she alleges. Furthermore, Kyle's attorney points to several of Dana's activities, arguing that they indicate she has healed from her supposed injuries in a suspiciously brief time. Notably, they found pictures Dana posted on social media of her on a boating trip with friends. They point to Dana's renewal of her fishing license before the trip as well.
While Dana claims that she was indeed still hurting at the time, she had disposed of many of the empty pain pill bottles, her braces and her prescription forms since then. Dana also did not take very many photographs of her gruesome bruises and other injuries immediately after the crash.
In total, the evidence produced against Dana's claims weigh heavily on her case. She may still receive a jury award or some other form of damages, but the assault on her legitimacy makes her worried the damages will be far less than she hoped.
What Did Dana Do Wrong?
From the layman's perspective, Dana did nothing wrong. The attacks on her character and the stretching of facts came out of left field. Dana should have realized business often becomes personal with lawsuits. Anyone filing a motor vehicle accident personal injury suit must follow the advice of their lawyer and be wary of performing even the most mundane of activities.
If you have been injured in a motor vehicle accident, do not make the mistake that Dana has. We suggest you call a Florida personal injury attorney as soon as possible to understand the best course of action to move forward. Being cautious may seem restrictive or unfair, but it greatly increases the odds of your personal injury case ending in success rather than heartbreak.
We at Koberlein Law Offices provide expert representation for personal injury cases in north Florida through the offices in Gainesville and Lake City, Florida. Contact us as soon as you can to protect and maximize your claims.