“I’ve Been Injured; Now What?” Tips from The Law Offices of David P. Kashani, APLC
Whether or not you think you’re going to pursue litigation, any experienced injury lawyer will tell you that malingering isn’t a good idea. If you do pursue legal measures, the court will want to see that you’ve done everything you can to “mitigate damages,” that is, that you’re taking care of yourself and taking steps to recover from your injuries. After all, it’s hard to argue that you’ve sustained permanent injuries if you’ve done nothing to make them better.
In practical terms, this could mean:
- Scheduling and keeping doctor appointments. Be responsible about getting checked out, following up on referrals, and showing up for all appointments. If you do need to cancel, do so well in advance or, at the very least, within the doctor’s guidelines for cancellation. The last thing you want at settlement time is a “no show” on your medical records.
- Be responsible for physical therapy. Doctors often prescribe work with a physical therapist to promote recovery, particularly with soft tissue injuries like strains and sprains. Your cooperation—showing up for physical therapy sessions and performing the exercises as prescribed—is an important part of your recovery process. Your therapist’s opinion will no doubt be part of your case, so show up and be active.
- Listen to your doctor. Imagine you’re answering questions for an adjuster, or even an opposing attorney, and he or she asks: “So if the doctor told you shouldn’t be lifting heavy objects, why were you carrying your three-year-old around the park? It’s going to hurt you, right?” In other words, if your doctor tells you to take certain meds, limit certain activities, and do your therapy exercises, you do it.
There may be times when you think you have good reasons for not following doctor’s orders, like if the physician has ordered you to rest, but you want to work to maintain your income. These actions can still be held against you at settlement or trial time because you will be seen as impeding your optimal recovery. If lost wages are a concern for you, or if you have any questions about the best actions to support your claim, an experienced accident lawyer like David Kashani may be able to help if you fill out the form on this page.