(661) 414-7100
Santa Clarita Car Accident Attorneys - Call (661) 414-7100
  • Home
  • About
    • Testimonials
    • Fees and Policies
    • The Process
  • Cases We Handle
    • Car Accidents
    • Motorcycle Accidents
    • Pedestrian Accidents
    • Bicycle Accidents
    • Brain Injury Cases
    • Wrongful Death
    • Spinal Cord Injuries
    • Estate Planning
  • Resources
    • Videos
    • Blog
    • Library
    • FAQ
    • Do It Yourself
    • Free Book
  • Get Started
  • Contact
  • Home
  • About
    • Testimonials
    • Fees and Policies
    • The Process
  • Cases We Handle
    • Car Accidents
    • Motorcycle Accidents
    • Pedestrian Accidents
    • Bicycle Accidents
    • Brain Injury Cases
    • Wrongful Death
    • Spinal Cord Injuries
    • Estate Planning
  • Resources
    • Videos
    • Blog
    • Library
    • FAQ
    • Do It Yourself
    • Free Book
  • Get Started
  • Contact

LAW OFFICE OF ROBERT MANSOUR

LIBRARY ARTICLES

(661) 414-7100

5 Common Mistakes Personal Injury Victims Make

1/10/2018

 
During a recent consultation with a personal injury client, I offered tons of tips as to how the client should conduct himself and things he should do with respect to his case.  The prospective client said, "Gee, this is kind of like a game?"  I agree but explained that we weren't trying to "trick" anyone.  However, there is a strategy to presenting your case in the best possible light.  You see, your opponent (the insurance company) is going to do everything it can to minimize your claim.  That means you have to do everything you can to counter that - and that requires a strategy.  If you know you're essentially playing a game, then you know you have to employ a strategy.  Some people wait too long and never realize they were in a "game" until they lose the game. 

Here are 5 common mistakes I have seen lately in my personal injury practice:

1) Clients waiting far too long before seeking medical attention. 

If you are injured, make sure you get medical care.  The absence of medical attention will be used against you. Calling a lawyer 6 months after an accident while you've had minimal to no medical care is not helpful.  I'm only a lawyer - not a magician. 

2) Clients who post stuff on social media.

The first thing the insurance company will do is look you up on social media.  They will "Google" your name, look for you on Facebook, Twitter, Instagram, etc.  They will look for any evidence of you acting inconsistently with your claim of injury.  In fact, we now routinely look up our own clients to see what they are posting online.  I encourage them to do the same.  You need to know what the insurance company is looking for.

I once had a client who was claiming a shoulder tear for which he needed surgery (the MRI actually showed a tear). However, a few weeks later, there he was playing drums on Facebook with his rock band.  The insurance adjuster was jumping for joy when he came across that!  Of course, my client had a perfectly good explanation, but now we had something we needed to explain.

I've had clients post photos of themselves working out at the gym, mud running, hiking, on vacation, dancing at parties, and much more - all on social media while claiming to be injured.  Here's some advice, if you've been injured in a car accident, don't post ANYTHING on social media until your case is concluded.  If that means you are "off the grid" for a year or two, so be it.  Social media is NOT your friend when it comes to injury claims.  There's nothing technically "wrong" about posting stuff on social media.  However, if you are claiming you're in pain, and then they find photos of you enjoying your European vacation, that's basically like sending the insurance adjuster a huge gift wrapped up in a big red bow.

3) Clients don't tell their medical providers about their accident. 

I can't tell you how many clients tell me of all their medical care post accident, and then when I research those records, there is little to no mention of the car accident.  If you don't mention your accident, most insurance adjusters will argue that you were getting medical care for reasons unrelated to the car accident.  

4) Clients who don't realize that insurance adjusters will be reading their medical records.

I can't emphasize this enough.  Don't tell your doctors you are "fine" if you are NOT fine.  Remember, the adjuster is going to be reading those records and holding a magnifying glass to them.  Anything in your medical records that can be used against you WILL be used against you.  I always tell my clients to imagine the insurance adjuster is actually present for every medical appointment and every physical therapy session.  Imagine they are standing there, recording every encounter.  You want them to fully understand your injuries and the effects of the injuries.  You want your medical records to be complete and well documented.  If you imagine the adjuster standing next to you, I promise you will be much more vocal with your health care professionals.  You are actually "speaking" to the insurance adjuster through those medical records.

5) Clients who ignore their past medical history or think it will never be an issue.

I'm convinced that many clients think their past medical history is irrelevant to their current case.  If you are claiming neck and back pain from an accident, or any injury, you can bet any prior complaints of similar pain will be used against you.  I often obtain my clients' past medical records to make sure I have a good handle on their medical history.  I would say about 50% of the time, we find similar complaints, sometimes dating only a few days or weeks before the accident  To complicate matters, my clients will actually deny any previous problems to their current providers.  As such, the client looks like they are lying or hiding something when their past medical records are found to be inconsistent with their present medical records.  Again, even if there was a perfectly good explanation, it just makes our hill much steeper to climb.

During every phase of a case, I try to be honest with my clients.  That often means I have to give them bad news or something they don't necessarily want to hear.  I don't do it to upset them.  I do it because I'm trying to protect them.  We have to be aware this is a "game" of sorts, and their opponent is the insurance company. My best clients understand that all I'm trying to do is be candid and offer them the best advice I'm capable of providing.

Comments are closed.

    Categories

    All
    Alternative Dispute Resolution
    Attorneys
    Automobile Insurance
    Basic Speed Law
    California Vehicle Code
    Car Insurance
    Car Rental
    Consultation
    Damages
    Eye Injury
    Fractures
    Health Insurance
    Injuries
    Insurance Adjusters
    Insurance Companies
    Insurance Company
    Insurance Coverage
    Lawsuits
    Lawyers
    Liability
    Lost Earnings
    Medical Care
    Medical Expenses
    Medical Payments Coverage
    Non-economic Damages
    Pedestrian Cases
    Personal Injury
    Police Reports
    Property Damage
    Settlement
    Statute Of Limitations
    Surgery
    Underinsured Motorist
    Uninsured Motorist

    Archives

    November 2019
    October 2019
    June 2019
    November 2018
    July 2018
    February 2018
    January 2018
    September 2017
    May 2017
    April 2017
    February 2017
    December 2016
    November 2016
    August 2016
    June 2016
    February 2016
    January 2016
    December 2015
    October 2015
    September 2015
    August 2015
    July 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015
    October 2014
    September 2014
    August 2014
    July 2014
    June 2014
    May 2014
    April 2014
    February 2014
    January 2014
    December 2013
    November 2013
    October 2013
    September 2013
    August 2013
    May 2013
    March 2013
    February 2013
    January 2013
    November 2012
    October 2012
    September 2012
    August 2012
    July 2012
    May 2012
    January 2012
    December 2011
    November 2011
    October 2011
    September 2011
    August 2011

    by Robert Mansour

    Robert Mansour is a personal injury lawyer serving Santa Clarita, Valencia,
    Saugus, Canyon Country, Newhall, Stevenson Ranch, Castaic and surrounding
    communities.

 Home | Attorney Profile | Practice Areas | Testimonials | Personal Injury Blog | Personal Injury Library | FAQ 
 Videos | Get Started | Directions | Google Maps | Disclaimer | Google Reviews | Contact Us

Visit our Google Business Page | Like Us on Facebook | Our Yahoo! Business Listing | Follow Us on Twitter  
Linked In Profile | Please give us a great review on Yelp | Our YouTube Channel | BrandYourself Profile
FAQ RSS Feed |  Blog RSS Feed | Library RSS Feed | Our Bing Local Business Listing | Cornell University Listing

Office hours are Monday through Friday, 9 am to 5 pm.  By appointment.  If you are trying to reach us after hours or on the weekends, the best way is to use the form on the "Contact" page or simply send an email to info@valencialawyer.com

* The information on this website does not create an attorney/client relationship.  It is not legal advice and is presented for general informational purposes only.  Always consult with a professional when handling legal matters as the law is constantly changing.

Law Office of Robert M. Mansour, 28212 Kelly Johnson Pkwy #110, Santa Clarita, CA 91355 (661) 414-7100
(661) 414-7100