Unintentionally Damaging Your Case
The biggest place we see people making mistakes is social media. They might post things on Facebook, or use social media in a way that might show they were physically better off than they actually are. Nobody posts on Facebook about their life being miserable and that they are in a lot of pain, because people generally tend to post about the good things in their lives.
If the defense attorney decided to look on Facebook and then saw all of these posts about quotes for the day or what that person’s daughter did or how wonderful something is, then all of this would highlight a beautiful part of your life, but it would not show the pain. A lot of the postings contain a lot of things that can actually be excluded from trial.
People post a lot of things about going out and drinking, and although I cannot understand why they would post about that, they do. People post a lot of those kinds of things and although they can be excluded, they can still go into an evaluation process with an adjuster. They will still be looking at all of that even though the jury may not.
With regard to social media, we tell our clients from the get go to please stop posting if they are posting about things and to just see if they can walk away from it for a little while. We cannot tell people to take down postings they have already made because that would be against the Florida bar rules. If they did take them down, they would have to copy them, print them, and have them available to the Accenx if they are asked for them.
This can be a tough one, because as an attorney I cannot tell my client to take down and get rid of posts that might hurt them, because doing so would be an ethical violation for me. This is very important and I have told my kids since they were very young, when social media started getting popular, that they should understand that anything they put out there would be there for life. They can delete it, but it would already be out there in the world, so they should try not to do it.
Would It Be A Mistake To Not Follow Doctors Recommendations Regarding Treatment?
The other mistake people make is they do not attend doctor’s appointments or do not follow doctor’s recommendations. A lot of the time, people intentionally do not follow the doctor’s recommendations because either it was not convenient for them or they had a lot of other things that came up in their lives. As adults we take care of our kids and everybody else, but we do not necessarily take care of ourselves, so it is not like the person was intentionally trying to sabotage their case, but they should realize that by not taking care of themselves, they do actually sabotage their and their health case.
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