If you have recently been in an accident, then there are a number of things that you should be aware of in order to protect your legal rights. In addition to this, you should also make sure to follow your medical treatment instructions and avoid any conflict of interest. Lastly, you should be very careful when you use social media to discuss your case.
Avoid conflicts of interests
A conflict of interests can arise between an attorney and a client. Conflicts are typically considered a form of legal malpractice.
If your lawyer has a conflict of interest with a current or potential client, it is important to determine whether you should continue representation. If you believe your lawyer is acting in a conflict, you should contact the State Bar for advice.
The most common types of conflicts involving attorneys are represented clients and former clients. These conflicts are more likely to result in malpractice claims when an attorney represents two or more parties on a single matter.
To avoid conflicts of interest, an attorney must disclose their personal interest and duties to other parties. They must also obtain consent of both parties involved in the case. However, this does not always protect an attorney from malpractice claims.
Several ABA Model Rules for Professional Conduct address conflicts of interest. Rules 1.7 and 1.9, for example, deal with conflicts of interest involving present clients. Similarly, rules 3.4-10 and 3.4-11 discuss conflicts of interest involving former clients.
Follow doctor’s orders
One of the most important things you can do after an accident is follow doctor’s orders. Not only is following medical advice and instructions necessary to get well, but it can also make or break a personal injury case. If you ignore a doctor’s orders, you could be leaving yourself open to a lawsuit or worse, a lifelong disability.
A doctor knows better than most what’s best for a patient. After an accident, it’s easy to want to get back to normal as soon as possible. But the doctor is there to make sure you are doing everything you can to make your recovery as fast and as safe as possible.
Not following your doctor’s orders will not only leave you with a less than perfect case, but it could cause your insurer to undervalue your claim. It’s not uncommon for an injured person to miss an appointment, skip treatments, and miss the obvious likes of physical therapy. These small mistakes can mean the difference between getting what you deserve and getting nothing at all.
Protect your social media during a personal injury claim
If you are pursuing a personal injury claim, you need to be careful about what you post online. Social media can negatively affect your case, especially if you are using it as a way to keep up with friends.
Insurance companies can use social media posts to dispute your claims. They may also look for information that demonstrates your injuries are not as severe as you claim. This can lead to a lower settlement.
Your personal injury lawyer can investigate your social media handles to find evidence that can help you win your case. However, the more you can limit your social media access, the better.
For example, change your Instagram settings to private if you are in court. Then only allow your friends to see your posts. You can also ask your friends not to talk about your accident online.
It’s important to avoid posting on your social media account until your claim is resolved. Posting about your accident can make your situation even worse. It could contradict your statement to the police or your insurance adjuster.