Pursuing a personal injury case can be a complicated and tiresome process. There are several stages to every case and defendants often attempt to delay plaintiffs’ progress. Furthermore, there is a multitude of potential obstacles and pitfalls that plaintiffs must avoid.
There is a wide range of activities that might jeopardize your pain and suffering claim. For instance, the value of your case may be reduced if you engage in strenuous activities that contradict your injuries or neglect your doctor’s recommended treatments. Our legal team can help guide you through the process or pursuing your claim. We will help you protect your interests and avoid potentially devastating mistakes.
Get assistance from our experienced Pennsylvania personal injury lawyers by calling The Reiff Law Firm today at (215) 709-6940.
Activities that Can Hurt Your Claim for Pain and Suffering Damages
There is a multitude of different activities that may hurt your claim for pain and suffering damages. Our experienced personal injury attorneys can help prevent any of the following from jeopardizing your potential case:
Posting on Social Media
First, you can hurt your claim by posting pictures or updates on social media that suggest that you are not as injured as you suggest. Insurance companies and defense attorneys often monitor claimants’ online profiles for any evidence that contradicts their claims. It is best to avoid sharing any details about your injury or activities until your case is completely resolved.
Ignoring Medical Advice
You can also jeopardize your claim by failing to follow your doctor’s orders. For instance, by missing appointments or neglecting prescribed treatments, it may appear as if your injuries are not as severe as you claim. You should follow any medical guidance you receive very carefully. Further, if your injuries begin to worsen, then you should report the increased pain to your doctor right away.
Exaggerating or Lying About Your Injuries
Honesty is crucial to your personal injury claim. Exaggerating or lying about your injuries can damage your credibility and inhibit your entire case’s chances of success. Insurance companies are experienced in identifying any inconsistencies in your statements or conduct. Therefore, you should always be truthful about your symptoms and limitations.
Engaging in Strenuous Activities
It is possible that the defendant’s insurance company will hire private investigators to follow you around after you file your case. If they catch you engaging in strenuous activities that contradict your claimed injuries, then may have a difficult time recovering payment for your pain and suffering.
For example, if you claim that you suffered a debilitating knee injury but are later videotaped moving heavy furniture, then doubt may arise as to whether you are truly hurt. You must refrain from participating in any strenuous activities until your injury claim is settled.
Failing to Document Your Pain and Suffering
You should also maintain a detailed record of the pain and suffering caused by your personal injuries. This may include keeping a daily journal that chronicles your pain levels, emotional distress, and physical limitations.
If you fail to document your pain and suffering, then it may be challenging to establish the harm caused by your injuries.
Talking to Insurance Adjusters Without Legal Counsel
Talking to your insurance company or an opposing party’s insurance company without our lawyers present can be risky. If you accidentally make a statement that can be construed as an admission of fault, then the value of your claim may be reduced. Moreover, making any statements that minimize the extent of your injuries can be detrimental.
Insurance adjusters are trained to use your words against you. Fortunately, our legal professionals can offer crucial guidance during any communications pertaining to your case. We will fight to ensure that your rights and interests are protected.
Delaying Your Claim
You can also hurt your ability to obtain pain and suffering damages if you wait too long to file your claim. According to 42 Pa.C.S. § 5524, you will likely only have two years from the date of an accident to sue for the injuries you incurred. If you do not act in accordance with this deadline, then you may be unable to obtain payment for your physical pain and emotional suffering.
Furthermore, delaying your claim may make it difficult to obtain and preserve necessary evidence. For instance, important documents or journals pertaining to your injuries may become lost. Moreover, a coworker, friend, or family member who may attest to the extent of your pain and suffering may leave town. The sooner you get to work on your case, the more efficiently you can obtain the evidence you require.
Common Examples of Strenuous Activities that Jeopardize Pain and Suffering Claims in Personal Injury Cases
As previously discussed, many insurance companies will hire teams of people to follow plaintiffs around and try to catch them partaking in strenuous activities that suggest they are not truly hurt. There are many different types of activities that hurt plaintiffs’ pain and suffering claims. The following are just a few common examples:
Recreational Activities
Engaging in recreational activities like hiking, biking, or dancing can harm your claim. These activities typically require a level of physical fitness that may not align with the severity of your reported injuries. Insurance companies may use photos or videos of you participating in these activities to dispute your claim of pain and suffering.
Yard Work and Home Improvement
Yard work and home improvement projects can hurt your claim significantly. For example, tasks such as gardening, mowing the lawn, painting, and doing repairs often involve immense physical effort. If you are caught partaking in these activities, it may suggest your injuries are not serious.
Sports and Exercise
Finally, you may hurt your pain and suffering claim by participating in sports and exercise routines that require substantial physical exertion. Running, weightlifting, and playing contact sports are all examples of activities that can negatively impact your case.
Contact Our Attorneys for Help with Obtaining Damages for Pain and Suffering
Seek help from our experienced Philadelphia personal injury attorneys at The Reiff Law Firm by dialing (215) 709-6940.
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