What Not To Do In A Personal Injury Claim?

If you are hurt in an accident, you are entitled to compensation. It's that easy. Always tell the truth when discussing your case with your attorney, insurance company, or court.
Personal injury claim | Garcia Phan Personal injury lawyers

If you are hurt in an accident, you are entitled to compensation. It’s that easy. Always tell the truth when discussing your case with your attorney, insurance company, or court about your personal injury claim. It may not set you free (remember, lawsuits are civil cases), but it will help you receive the most compensation possible.

1. Underestimating the Insurance Company’s Surveillance

In any accident case, the insurance company’s sole objective is to demonstrate that you do not require or merit compensation.

Insurance companies routinely conduct surveillance on individuals who file lawsuits against them. For instance, if a plaintiff claims they can’t walk without a cane following a car accident, the insurance company may attempt to obtain photographs of them walking unaided.

Even if the plaintiff can’t normally walk without a cane or can only do so for short distances, evidence of them walking without one could be detrimental to their case. Expect to be monitored by your insurance company, especially if your case is worth significant money.

2. Talking About Your Case with Third Parties

Insurance adjusters, defense attorneys, and even jurors may attempt to contact you. Do not discuss your case with anyone employed by the at-fault driver’s or insurance company’s legal counsel. Have the adjuster contact your attorney if they have questions about your case. Every personal injury claim requires strict adherence to confidentiality.

3. Posting On Social Media

Insurance adjusters and defense attorneys enjoy scouring social media accounts, blogs, and websites in search of evidence to use against plaintiffs. Like surveillance, digital research can assist adjusters and attorneys in attempting to disprove a plaintiff’s injury claims.

We typically advise clients to cease all social media activity for the duration of their case. However, if you are unable to do so, please consult our attorney or legal team before posting. They can help you avoid posting potentially damaging content.

4. Failing to Receive Adequate Medical Care

In most personal injury claims, attorneys recommend that their clients receive as much medical care and attention as they truly require to become “whole” again. A successful personal injury claim can allow you to seek reimbursement for past, present, and future medical expenses. In addition, increasing the amount of care you receive increases the strength of the evidence supporting the need for said care.

In other words, receiving medical care is a low-risk, high-reward endeavor if done correctly. Notify your attorney if you must miss a medical appointment and reschedule. If you want the best outcome for your case, you must take your medical care seriously.

5. Failing to Communicate With Your Attorney

Your attorney is your representative and primary line of defense. If you have a question, please contact your attorney or the case manager assigned to your case; they are there to assist you. The longer you communicate with them frequently and truthfully, the better it will be for your case.


At Garcia and Phan, we are committed to helping accident victims obtain the necessary compensation to recover. Contact us at (714) 586-8298 to receive the care and advice you deserve.


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