If you have been injured in a car accident, it is natural to want to ensure that you receive fair compensation for your injuries. However, it is important to remain honest about the extent of your injuries. Exaggerating your injuries, even slightly, can have serious consequences that may harm your case more than help it. Unfortunately, we have seen this in our careers more often than not.
The Risks of Exaggerating Your Injuries
There are two primary ways that individuals might exaggerate their injuries following a car accident:
Claiming Unsubstantiated Injuries
This occurs when someone claims to have injuries that have not been diagnosed by a medical professional. For example, reporting symptoms that do not exist or are exaggerated to make the injury appear more severe. We have also seen former clients state they had no prior issues with a specific body part but, in fact, did have serious issues with the same body part as alleged was injured in the wreck. Not being forthcoming about this can kill a client’s case. A juror will not like someone who is not honest.
Overstating the Impact of Injuries
This involves exaggerating how the injuries affect daily life, such as claiming you are unable to perform certain activities when, in reality, you can. We have seen insurance companies hire private investigators to follow around our clients and take videos of them doing activities that can be used at trial.
Both of these actions can have detrimental effects on your personal injury claim:
Denial of Your Claim
If the insurance company discovers that you have exaggerated your injuries, they may deny your entire claim or accuse you of insurance fraud. This could not only eliminate your chance of recovering damages but also lead to legal consequences.
Loss of Credibility
If your case goes to trial, exaggerating your injuries can lead to the judge or jury questioning the validity of your entire claim. Even if other aspects of your case are truthful, a lack of credibility in one area can damage your overall case.
Reduced Settlement Offers
Insurance companies and defense attorneys often conduct thorough investigations before offering a settlement. If they uncover evidence that you have exaggerated your injuries, they may offer you less than what you deserve or withdraw their offer altogether.
What You Should Do Instead
To ensure a fair and just recovery without exaggerating your injuries, consider the following steps:
Seek Immediate Medical Attention
Always seek prompt medical care after a car accident. Early medical intervention can help manage pain, prevent injuries from worsening, and provide necessary documentation linking your injuries to the accident.
Follow Your Doctor’s Advice
Consistently follow your medical treatment plan. This includes attending all follow-up appointments, taking prescribed medications, and participating in recommended therapies. Doing so not only aids in your recovery but also strengthens your case by showing that you are committed to getting better.
Be Honest About Your Symptoms
Report all symptoms to your healthcare provider and ensure they are documented. Complete and accurate medical records are essential in proving the extent of your injuries.
Avoid Social Media
Refrain from posting on social media about your accident or injuries. Even innocent posts can be misconstrued or used against you by insurance companies. We tell our clients all the time to make their profiles on social media private so the insurance company cannot view their profile. Also, don’t accept friend requests from people you do not know.
Act Consistently with Your Injuries
Be mindful of how you act in public. Insurance companies may use private investigators to observe your activities. If you claim to be unable to perform certain tasks but are seen doing them, it can damage your case.
Consult with an Experienced Missouri Personal Injury Attorney
Speak with an experienced Missouri personal injury attorney as soon as possible after your accident. An attorney can help guide you through the process, protect your rights, and ensure that you don’t make any mistakes that could jeopardize your case.
Have You Been Accused of Exaggerating Your Injuries?
Even if you have been completely honest about your injuries, insurance companies may still accuse you of exaggeration as a tactic to reduce the compensation they have to pay. If this happens, you need a skilled personal injury attorney on your side who can defend your rights and ensure that you receive the full amount of compensation you deserve.
At Foster Wallace, LLC, we understand the challenges that come with navigating a Kansas City car accident claim. Our experienced Kansas City personal injury attorneys are here to help you every step of the way, from documenting your injuries to negotiating with insurance companies. Our team with over 45 years of experience is committed to ensuring that you receive fair treatment and the compensation you need to recover. Contact Foster Wallace Personal Injury Lawyers Today
If you have been injured in a car accident and are facing accusations of exaggerating your injuries, contact Foster Wallace, LLC for a free consultation. Our Kansas City based injury team is here to protect your rights and help you achieve the best possible outcome for your case. Call us at 816-249-2101 or fill out the form on this very website to schedule your consultation today.
