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What You Need to Know Before Filing an Injury
Lawsuit: The Hidden Tactics Used Against You
The Harsh Reality That Could Cost You Your Case
Filing a personal injury lawsuit isn’t as simple as telling your story and receiving compensation. Insurance companies and defense attorneys have powerful tools to fight your claim – tools most injured people never see coming until it’s too late.
- Your First Statements Can Destroy Your Case
Police Reports Can Be Used Against You What you say immediately after an accident carries enormous weight. Police reports are considered highly credible because they’re made by an officer at the scene. If you make even a small mistake in what you tell police, it can demolish your entire case.
Ambulance Records Reveal More Than You Think While in shock or pain, you might say things to paramedics that contradict your later claims. Defense attorneys will highlight these inconsistencies to suggest you’re exaggerating or lying about your injuries.
- You’re Being Watched More Than You Realize
Surveillance Is Standard Practice After you file a claim, the defense may hire investigators to:
- Follow you and record your activities
- Check your social media accounts
- Look for security camera footage that contradicts your story
- Search public records about you
If you claim you can’t take out the garbage but are recorded carrying heavy shopping bags, your entire case can collapse.
- Your Past Will Be Thoroughly Investigated
Your Medical History Becomes an Open Book Filing a lawsuit waives your doctor-patient privilege. The defense will obtain your complete medical history to:
- Find previous injuries to the same body part
- Look for pre-existing conditions that could explain your symptoms
- Search for inconsistencies in what you’ve told different doctors
Your Litigation History Can Hurt You Defense attorneys will uncover every previous lawsuit you’ve filed. If you’ve made similar claims before, they’ll use this to paint you as someone who repeatedly files dubious lawsuits.
- Evidence Preservation Is Critical
Don’t Dispose of Key Evidence If an item caused your injury (like a defective product), you must preserve it exactly as it was. Disposing of or altering it can result in severe penalties, including dismissal of your entire case.
- Your Statements Will Be Used Against You
Examinations by Defense Doctors You will be required to undergo examinations by doctors chosen by the defense who will likely:
- Find reasons to minimize your injuries
- Suggest you’re exaggerating your symptoms
- Claim you can work despite your condition
The Most Important Step You Can Take
Be completely honest with me about everything – even embarrassing or seemingly harmful facts. I can prepare for problems I know about, but surprises discovered during trial can be devastating.
Remember: Defense attorneys win cases by finding contradictions between what you claim and what the evidence shows. Your best protection is absolute honesty and careful documentation from the moment your injury occurs.