Personal Injury Plaintiffs - What You MUST Do or Risk Losing Your Case

Personal injury cases are getting increasingly more difficult to win, despite hearing about the occasional “big wins.” Why might that be? It’s due in large part to current conservative politics, resulting in changes in laws that affect personal injury cases. These changes come in the form of restrictions that limit how a Plaintiff and his attorney can prove his claim in court.

I believe another reason is that juries are becoming tougher to convince. Many television shows depict courtroom dramas. These even include real trials that keep us glued for information, like O.J. Simpson’s murder trial. During Michael Jackson’s trial, we couldn’t avoid hearing tidbits. The regular network schedules are filled with 30-minute “people’s court” type shows. We’ve become a country of folks almost painfully aware of the legal arena. I’d even venture a guess that if we haven’t been involved in a lawsuit ourselves, we personally know several people who have been.

As a result, we run the risk of becoming jaded about the entire legal process. A person is innocent until proven guilty. Isn’t that true? It would certainly be nice if that’s how people felt, but I don’t think it is. Oh we applaud the saying, and if the finger of the law points our way we certainly demand our rights. But we’re a judgmental society. We zero in on flaws and weaknesses, and crack them wide open for our perusal. Jurors are reminded to determine the value of cases based on the facts and evidence. We actually have to be reminded!

How might today’s negativity toward the legal process and trials affect a Plaintiff in a personal injury case? Well, just imagine. If you don’t toe the line, you might get cracked wide open. Figuratively speaking, of course. What I’m getting at is how important it is for a Plaintiff to seek medical treatment immediately, and to follow a prescribed course to the letter.

This prescribed course I mention is one thing, with two-fold reasoning. A Plaintiff in a personal injury claim has been injured. Medical assistance was required. Often, such medical assistance extends for a long time while the Plaintiff-patient is recovering or rehabilitating. What happens when a Plaintiff didn’t seek medical treatment at all (or suspiciously later), or stops following doctor’s orders?

First, this could have a detrimental effect on his health. Secondly, this could have major impact on his legal claim.

There were great justifications and rationalizations why this injured Plaintiff stopped going to see the doctor. It could have been because there was no insurance available. Maybe he isn’t able to work so he’s not bringing in any income. Or perhaps therapy is actually hurting him and he sees no improvement. Perhaps he doesn’t like or trust his doctor any more. Depressed, he might even want to go to sleep and hope the whole thing just goes away.

So he hasn’t been following medical advice or was sluggish in seeking treatment. Well now he’s up in the witness box describing his injury and what happened, trying to prove his case to receive an award for the wounds and pain he suffered. A jury hears how he’s not seeing his doctor, from himself, from his treating physician, and even more detrimental, from the Defendant’s expert witness. Take it from me – I’ve seen it – this is going to significantly impact his case! No more medical treatment? Hmm, must not be hurt very badly. This casts doubt in the minds of the jury. Ultimately, you’ve lost their trust.

If a Plaintiff plans to present a legal claim or has one actively pending, do not stop seeing your doctor. Follow what your medical professional advises EXACTLY. If you don’t see eye-to-eye on your treatment plan, for whatever reason, tell the doctor what’s happening and change the treatment plan. Under your doctor’s care, try something different and have the change documented, and why, in your medical file. If you must change doctors, get a referral. Then get ANOTHER referral if need be.

If it’s a money problem, try mightily to figure it out – the doctor may accept a lien, friends and family might chip in, there may be state programs that will provide assistance. But do not simply fade away into no treatment at all. You don’t want to get “cracked open” on the witness stand.


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Laura McDonald is a paralegal. She is a member of NFPA (National Federation of Paralegal Associations). Laura is experienced in the areas of personal injury, civil litigation, family, environmental and corporate law, estate planning and bankruptcy. She works for Michael L. Hawkins & Associates, P.L.L.C., located in Frankfort, Kentucky. The firm's website is www.mlhlawky.com.

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Tags: juries, jurors, legal arena, medical treatment, personal injury case, personal injury cases, personal injury claim, plaintiff, risk