Biggest Personal Injury Case Mistake

On Behalf of | Sep 17, 2018 | Buffalo Law Blog, Firm News, Personal Injury

After your injury, you might be wondering what the biggest personal injury case mistake is and what you can do to avoid hurting your case. Here is what you need to know.

Biggest Personal Injury Case Mistake | Discontinuing Medical Treatment

Sometimes, clients call us and say they want to discontinue treatment with their medical providers. For several reasons, however, we always discourage them from doing so. First and foremost, your goal is to get better, and discontinuing your treatment won’t produce the best results. In the long run, as far as your lawsuit is concerned, you have an obligation to continue your treatment and work consistently toward getting better. If you don’t, the attorneys for the insurance company will throw that in your face at trial and say that, by discontinuing your medical treatment, you failed in your duty to mitigate your damages.

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Biggest Personal Injury Case Mistake | Worsened Condition

The fact is that you may even make your condition worse by deciding not to maximize your medical treatment. The insurance company can also throw that information in front of a jury and use it to reduce the amount you receive when the jury renders its verdict. Also, that defense is sometimes used to get cases dismissed when an attorney says, “Judge, look at this guy. He treated in 2015, and he hasn’t seen anybody in 18 months. Obviously, he’s not that hurt. We think this case should be dismissed.” For a lot of reasons – both strategic and to ensure that your injuries continue to get better – you should continue your treatment. We always urge our clients to continue their treatment to make sure they reach the maximum possible recovery level.

If you are finding yourself guilty of the biggest personal injury case mistake, don’t hesitate to call our Hamburg personal injury attorneys today for a free case evaluation. We would be happy to go over your options.


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