How to Protect the Value of a Personal Injury Case

Posted Thursday, June 26, 2014 by Chris Thayer

According to a Seattle personal injury law firm, there are things that a plaintiff can either do – or not do – that may either protect or reduce the value of a personal injury claim. Following are some things that a plaintiff can do to ensure that the value of the case is not compromised. 1. Avoid contact with witnesses for either the defendant or the plaintiff;

1. Keep track of documentation pertaining to the injury such as medical bills, prescriptions, discharge papers or hospital records;

2. Keep all appointments with doctors, physical therapists and any other member of the treatment team;

3. Keep a Seattle personal injury lawyer informed of any status changes including address or employment;

4. Keep all appointments with the Seattle personal injury law firm and follow the attorney’s advice regarding answering interrogation questions and deposition testimony; and

5. Avoid discussing the facts of the case with anyone who may be a witness or in public areas where a conversation could be overheard.

Here are some factors that may compromise a personal injury case:

1. If the plaintiff is convicted of a criminal offense, it could compromise the plaintiff’s credibility;

2. Marital problems or problems at work may damage a plaintiff’s credibility and harm the case; and

3. The plaintiff fails to mitigate damage. In other words, if the plaintiff makes an injury worse by failing to follow medical advice that would be considered failure to mitigate damages.

Following is an account of a plaintiff who harmed her own personal injury case. A lawyer was getting ready for an upcoming court date for a slip-and-fall injury case when he got a phone call. The caller was a woman who had been in a restaurant when she overheard the plaintiff speaking to a friend. The pair were discussing the case including their expected testimony and depositions.

In an earlier deposition, the plaintiff had testified that she had not consumed any alcohol before her fall, but mentioned that she had been drinking before the fall to her friend. During the trial, the woman who had overheard the conversation was called to the stand as a rebuttal witness. The woman disclosed the statements made at the restaurant. The jury quickly returned a verdict that was not favorable to the plaintiff. It is clear that the plaintiff’s decision to discuss the case in a public area was devastating to her case.

A Seattle personal injury law firm may provide advice and assistance to someone who has been injured by someone else’s negligence or recklessness. Additionally, a lawyer may help a plaintiff avoid damaging his or her case. Chris Thayer is a Seattle personal injury lawyer and can be reached at (206) 340-2008.