Personal Injury Lawyer Virginia Beach
If you’ve been injured in an accident, your thoughts will focus mainly on recovering from that injury and managing your financial affairs. Your immediate concerns will be healing, dealing with any lost wages, and managing your pain.
You may not realize that any actions you take could unintentionally harm your case. Something you assume would be harmless may be used to reduce the amount of compensation you can recover.
Our Virginia Beach personal injury attorneys know how to guide you in what actions you should avoid while waiting for your case to be resolved. At Shapiro, Washburn, & Sharp, we don’t just represent you in negotiations—we support you in your recovery and help you understand the legal process you’re involved in, ensuring you obtain the compensation you deserve.
To help you avoid unnecessary pitfalls, we highlight three major missteps that could damage your personal injury case. Call us today at 833-997-1774 for a free consultation.
#1: Posting About Your Accident on Social Media
Imagine this scenario: John was rear-ended at a stoplight by a distracted driver. He suffered from severe whiplash and lower back pain. He had to take time off work and see his doctor. Frustrated at how this accident disrupted his life, he took to Facebook and posted a lengthy status update on the accident, his injuries, and his plans to hire a lawyer to sue the other driver.
He even posted a picture of his damaged vehicle and commented that he hoped for a big payout.
Poor John. He had no idea that his simple Facebook post would become a major problem in his personal injury case.
Social media is woven into the fabric of society today, so much so that you may not think twice about sharing your post-accident struggles. This is a mistake, however, because insurance companies and defense attorneys are known to scour Facebook, Instagram, Twitter, and other platforms for evidence that can be used against injury victims.
In John’s case, the distracted driver’s legal team argued that his Facebook post suggested he was more focused on getting a “big payout” than on recovering from his injuries. They also pointed out that in later posts, he appeared to be in good spirits and even attended a family gathering, arguing that this showed his injury wasn’t nearly as bad as he was trying to say it was.
What to Do Instead
Anything you post online can be used against you. Even seemingly harmless posts can be misinterpreted to suggest that you are exaggerating your injuries.
Instead, avoid discussing your case online, even in private messages. Ask friends and family to refrain from tagging you in posts or pictures related to physical activity and set your profiles to private until your case is resolved. (Remember that nothing online is ever completely secure.)
#2: Missing Medical Appointments and Not Informing Your Attorney
Medical records are critical pieces of evidence in a personal injury case. They show exactly what injuries you suffered, what treatments were required, and how long you’ll need to recover fully.
At Shapiro, Washburn, and Sharp, we have sometimes received letters from insurance companies stating that our clients missed multiple doctor or physical therapy appointments—even though our clients never mentioned missing these appointments.
This always spells bad news because we know the opposing party’s insurance companies will use this information against our clients. They’ll say that the missed appointments prove the victim was not as injured as they claimed, or that they do not require the ongoing treatment initially claimed. Indeed, failing to follow medical advice to the letter suggests that an injury victim is not taking their recovery seriously.
What to Do Instead
Always attend your medical appointments as scheduled, even if you start to feel better. If you must miss an appointment, reschedule it as soon as possible.
In addition, always inform your personal injury attorney about any missed appointments and provide a valid reason why you had to miss them. We are here to protect your interests. If we know why you missed a visit, we can provide a legitimate explanation when the insurance company brings it up, immediately shutting down their argument.
#3: Switching Doctors Without Consulting Your Attorney
Jake was frustrated with his treating physician. He felt rushed during appointments and didn’t think the doctor was taking his pain seriously, so he decided to switch to another doctor who seemed more sympathetic.
Jake didn’t realize that such a move—especially without informing his attorney—could be used against him in his personal injury case. A sudden doctor change can lead to inconsistencies in medical records, which insurance companies will try to use to discredit your injuries.
The other side may argue, for example, that you were “doctor shopping” to find a physician willing to exaggerate your injuries so you could get more money.
What to Do Instead
If you’re unhappy with your doctor, talk to your attorney before switching. At Shapiro, Washburn, & Sharp, we can recommend medical professionals experienced in handling personal injury cases who will ensure consistency in your medical records. Having a plan before you make changes will help maintain the legitimacy of your personal injury claim.
How Can a Personal Injury Attorney Help?
A personal injury case can be complex and fraught with pitfalls. If you’ve been injured and want to file a claim, contact us at Shapiro, Washburn, & Sharp. We are committed to guiding you through every step of the process, ensuring you make informed decisions that strengthen your case rather than harm it.
When in doubt, always consult your attorney before making any decisions that could impact your case. We are always happy to answer any questions and will do everything we can to improve your chances of receiving full and fair compensation, as we did for our 31-year-old client who suffered from back and neck injuries in a car accident. She was only two weeks away from her wedding when the accident occurred. We handled the negotiations with the insurance company and helped secure a $235,000 settlement for her.
Feel free to come see us at any of our offices in Virginia Beach, Hampton, Norfolk, Portsmouth, and Chesapeake.