New York City Personal Injury Law Blog

Five Major Mistakes that can Destroy Your Accident Case  

Posted on Jan 8, 2015 in Personal Injury

#1 Mistake – Your Lawyer Refers You to a Doctor

There is nothing inherently wrong with this, but there is a problem. You as a client may not have realized that your lawyer has referred many of his other clients to this particular doctor. Therefore, the defense lawyers and judges would have seen this doctor many times in court, and the defense may mention this to the jury. Hence, it is not to your benefit to have your attorney recommend a particular doctor for you unless there is not any other choice in the matter.

During the cross-examination, the defense will bring out the fact that the plaintiff’s lawyer and other lawyers have recommended this doctor to their clients many times.

#2 Mistake – Hiding Past Accidents from Your Lawyer

Careless Driver

Do not hide your past mistakes and be honest all of the time.

If you do not tell your lawyer about everything that has gone on in your past and in your history, you are tying your attorney’s hands. When you do that, your lawyer will be sandbagged during the time of deposition, or at trial, which is even worse. If your attorney does not have the information necessary to prosecute your case properly, you are not going to have effective council, and you do not want to be in the situation, as it will be very detrimental to your case.

# 3 Mistake – Hiding Other Injuries

If you are hiding any of your other injuries prior to filing the accident case or lawsuit, you are sinking your own case. For instance, something had happened to you say five years ago, and now you are claiming you have suffered similar injury, or you have suffered an aggravation of the previous injury. However, if you neglect to tell your attorney about an incident that happened many years ago that cause you similar injuries, then it is very detrimental to your case. At the deposition, when the defense asks if you have suffered any similar injuries in the past, and you say no, your case will be good as over, if they find out about it.

#4 Mistake – Not having Accurate Tax Returns

You would be claiming you have suffered because of your injuries, and you have missed work because of you injuries. When you are making these claims, the jury should see you as a credible person. If you do not have accurate tax returns, the defense will bring this up during trial, and that is going to affect your credibility. The defense lawyer will show the court that you have lied about things in your taxes, and since you have lied in the past, you could be lying here too.

#5 Mistake – Misrepresenting Your Activity Level

When you are injured and you claim you cannot do most of your daily activities, the defense lawyer will usually hire a private investigator, to check on you. This investigator will take pictures or video of you performing activities that you claim you could not perform because of your injuries. For instance, if you are claiming you cannot walk properly, and you are caught on camera playing basketball, your credibility is shot, and your case is most certainly lost.

Comments

  • JEng

    “#5 Mistake – Misrepresenting Your Activity Level
    When you are injured and you claim you cannot do most of your daily activities, the defense lawyer will usually hire a private investigator, to check on you. This investigator will take pictures or video of you performing activities that you claim you could not perform because of your injuries. For instance, if you are claiming you cannot walk properly, and you are caught on camera playing basketball, your credibility is shot, and your case is most certainly lost.”

    My mother’s attorney intentionally misrepresented her in an opposition affirmation claiming that she does not drive/own a car or speak english. He has been paid in full twice and is refusing to file an amended document which efiling and the judge’s clerk says can be “returned.”

    Does this mean he must return all the money he was prepaid?

    The clerk also refuses to let us see the case file which is supposed to be a matter of public record to the general public.

    This has helped the other attorney claim that my mother is dishonest and ignore that she fell down the stairs and was WHIPPED in the head with a metal buckle and refused all my efforts to get her to see a doctor after she discharged herself early in 2015. We have told both attorneys she is sick and wants a Manhattan deposition because the car ride makes her sick to Mineola and to Garden City.

    He is lying but our attorney who has been paid so much money in full is also helping him:

    https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=BHGTG/DYWKZRCycoztjVBQ==

    and there is something wrong with this judge who would only give us ten days for our first request for an adjournment after his secretary was told about the fall down the stairs and getting hit in the head with the buckle.

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