After an accident or injury, it is natural to want to explain what happened, reassure others, or talk about how you are feeling. However, once you are considering a personal injury claim, your words can become important. Statements made to insurance companies, other parties, witnesses, or even on social media may be used to challenge your account of the accident, the extent of your injuries, or the damages you are seeking.

Here are several things to avoid saying during a Florida personal injury case.

1. Don’t Minimize Your Injuries

Avoid casually saying things such as:

• “It’s just a little pain.”

• “I’m fine.”

• “I’m feeling much better now.”

• “It’s nothing serious.”

You may simply be trying to reassure someone, but statements like these can create questions about the severity or duration of your injuries.

Instead, be accurate. Tell your attorney about your symptoms, treatment, limitations, and how the injury has affected your daily life. If your condition improves or worsens, let your attorney know.

Your medical records and treatment history can be important evidence in a personal injury claim, so it is important to communicate honestly about what you are experiencing.

2. Don’t Guess or Admit Fault

After an accident, you may feel pressured to explain what happened immediately. Avoid making statements such as:

“The accident was probably my fault.” or “I should have been paying more attention.”

You may not have all the facts necessary to determine responsibility. In Florida negligence cases, fault can affect a party’s ability to recover damages. Under Florida’s comparative fault statute, a party found to be more than 50% at fault for their own harm generally may not recover damages in a covered negligence action.

You should also be cautious about statements made to the other party or an insurance representative. If you are asked to provide a statement, consider speaking with your attorney first.

3. Don’t Hide a Pre-Existing Condition or Prior Injury

Be completely honest with your personal injury attorney about your medical history.

If you had a previous injury, chronic condition, surgery, or similar medical issue, tell your attorney—even if you believe it has nothing to do with your current injury.

Trying to hide prior medical treatment can create a much bigger problem if the information later appears in medical records. Your attorney needs the complete picture so they can understand the circumstances and address questions about whether an accident caused a new injury or aggravated an existing condition.

Honesty with your attorney is essential. Your attorney can work with the facts; they cannot effectively prepare your case if important information is withheld.

4. Be Careful About What You Say to Insurance Companies

Insurance adjusters may ask questions about the accident, your injuries, your treatment, and your daily activities. Even seemingly harmless statements can be taken out of context. Avoid speculating about how quickly you will recover, whether you have completely healed, or whether you think your injuries are minor.

5. Think Before You Post on Social Media

Social media can create problems for a personal injury claim.

Photos, videos, comments, check-ins, and other posts may be used to challenge statements about your injuries or limitations. For example, posting pictures from a physical activity while claiming that an injury prevents you from performing that activity could raise questions about your condition.

A good rule is to avoid discussing your accident, injuries, medical treatment, or lawsuit on social media while your case is pending. Consider reviewing your privacy settings as well, but remember that privacy settings do not necessarily prevent information from becoming part of a legal dispute.

6. Don’t Exaggerate Your Injuries

Being truthful also means avoiding exaggeration. Tell your attorney exactly what you are experiencing. If you can perform a particular activity but experience pain while doing it, explain that accurately. If you have good days and bad days, say so.

7. Don’t Discuss Your Case With Everyone

It can be tempting to talk about your accident with friends, coworkers, family members, or others. However, the more people involved in discussions about your case, the more opportunities there may be for misunderstandings or inconsistent statements.

What Should You Do Instead?

The most important rule is simple: be honest with your attorney and careful with everyone else.

Keep records of your medical treatment, expenses, communications, and other information related to the accident. Follow your healthcare provider’s instructions, attend recommended appointments, and tell your attorney about significant changes in your condition or circumstances.

Florida law also places time limits on bringing certain claims. For example, Florida Statutes § 95.11 generally provides a four-year limitations period for actions founded on negligence, although different deadlines and exceptions may apply depending on the type of claim and circumstances.

If you have been injured because of an accident or are facing a personal injury claim, speaking with a Florida personal injury attorney early can help you understand your legal options and what steps to take next.

For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.