Avalon Brain Injury Attorneys

Millions of Americans suffer brain injuries in the country each year. For some, this serious condition can take a toll on their physical, financial, and emotional well-being, leading to changes in personality, cognitive and physical disabilities, and loss of independence. If you or someone close to you was hurt due to someone else’s negligence, our Avalon brain injury attorneys can help you pursue a fair settlement. During your free consultation, we can assess the merits of your claim, answer your questions, and discuss potential outcomes for your brain injury case. To schedule a free case assessment, do not hesitate to call us at 1-800-GO-HARRIS.  

What Should I Do While My Brain Injury Claim Is Pending?

While some personal injury claims are resolved in just a matter of weeks, others—particularly those involving catastrophic injuries such as brain injuries—could take months or over a year to conclude. During this time, you can rely on your Avalon brain injury lawyer to handle the logistics of your case; but you may be wondering if there is anything you can do to help improve your chances of success. Unfortunately, the result of your case is mostly out of your hands; however, you will need to be careful about avoiding mistakes that could affect the outcome of your claim. Here are a few steps you can take while your claim is pending: 

• Do Not Provide a Recorded Statement: After suffering a brain injury, it’s likely the insurer will reach out to you to request a recorded statement. However, while they may seem friendly, insurance adjusters ultimately represent the interests of their employer. As such, they may attempt to elicit specific answers that could be leveraged to challenge your case. When you hire one of our attorneys, they will oversee all correspondence with the insurance company and opposing parties so that you won’t have to worry about saying something could harm your claim.

• Follow Your Healthcare Provider’s Instructions: Whether your doctor has told you to take time off work, avoid physical activity, or take prescribed medications, you should never deviate from your treatment plan. If the insurer or another party discovers that you did not comply with your healthcare provider’s instructions, they might argue that you failed to take sufficient steps to mitigate damages. In this scenario, your financial award may be reduced.

• Take Your Recovery Seriously: In the aftermath of a serious accident, your recovery should always be a top priority. As such, you will want to avoid doing anything that may cause your condition to deteriorate. For instance, if your healthcare provider has warned you against engaging in strenuous physical activity, you should avoid exercising, handywork, and other activities that could aggravate your injury. If it emerges that your negligence led to additional complications, you might be held liable for a portion of such damages.

Can I Use Social Media after Suffering a Serious Injury?

Whether it’s connecting with friends or exploring job opportunities, social media has become a staple part of our lives. It’s where we go to share life’s highlights—graduations, birthdays, or just a good meal—and where we turn when we need support and guidance. Understandably, the digital space may be a sanctuary for you as you recover from your brain injury. However, posting online while your case is pending could hurt your claim. It’s possible that the insurer will look into your social media profiles to find any evidence that could be used to dispute liability and damages. Whether it’s a post about the accident itself, an unrelated review, or even just a picture of you and your family, claims adjusters have a variety of strategies they can use to turn your online activity against you. As such, we advise many of our clients to disable their accounts until their claims are resolved. However, if you’re not ready to go off the grid, here are a few ways you can protect your case next time you go online: 

• Never Discuss the Accident: After suffering a serious brain injury, you may want to reach out to friends and family on social media for emotional support. However, discussing any element of your claim online—whether it’s the accident, your injuries, or the case itself—could put you on the backfoot during proceedings. For instance, if you published pictures of you and your family out hiking a few days after the accident, the insurer could use these images to assert that your injuries are not as severe as your attorney claims. Even if your social media accounts are set to private, the defendant may be able to file a discovery request during litigation to view posts you’ve published on these sites.

• Ignore New Friend Request: If you receive a digital invite from an unknown party, it’s best to decline or ignore such connection requests. It’s not unheard of for opposing parties to send follow or friend requests to gain access to a claimant’s social media profile. Even if the request is not from the insurance adjuster, it may be from someone else working for the insurer or an opposing party.

• Do Not Post Pictures: Recovering from a serious brain injury can be a painful and challenging journey. While you might spend most of your time in agony, there will still be a few happier moments along the way. You may be tempted to reach for your phone and snap a few pictures to share with those in your circles. However, if your case is pending, publishing these images online could affect the outcome of your personal injury case. For example, if you share a photo of yourself engaging in physical activity, the insurer might use this image as evidence to argue that your condition cannot be that serious or that you did not take sufficient steps to mitigate damages.

Dial 1-800-GO-HARRIS to Speak to an Avalon Brain Injury Attorney

A brain injury can affect your ability to work, take care of the household, and enjoy your favorite pastimes. If your injuries were the result of another party’s negligent or intentional actions, it’s only fair that they take financial responsibility for the damage they’ve caused. At HPI, our attorneys have decades of collective experience representing accident victims, and can assess your situation to determine whether you have grounds to file a personal injury claim. Dial 1-800-GO-HARRIS or skip through to our online contact form HERE to book a free case review.