Frequently Asked Questions

Q: What is the most important thing for me to do after my injury?

A: The most important thing for you to do, quite simply, is to recover from your injury. This means you have to get all of your medical treatment so that the defendant cannot stand up in court later and say, "Ladies and gentlemen, the plaintiff did not finish his treatment because he was not hurt, he wants sympathy, and he is malingering". Under Florida law you must "mitigate their damages." This means that you are required to do that which is necessary and reasonably available to you, in order to improve your health and to recover from your injury.  For you, this may mean some, or all, of the following:

1. Do not miss appointments with your physician. Communicate with your physician about your treatment, and your condition. Be certain to keep your appointments, and be on time. If you have to cancel an appointment, notify the doctor well in advance.  Missed appointments can be used against you at the time of settlement or trial in front of the jury.
2. Attend physical therapy sessions if prescribed. Your physician may prescribe therapy to facilitate recovery from strains, sprains and other "soft tissue" injuries. If physical therapy is prescribed, be certain to keep your appointments, and be on time. If you have to cancel an appointment, notify the doctor well in advance. Missed appointments can be used against you at the time of settlement or trial in before the jury.
3. Do what your physician tells you to do.  If your physician prescribes certain medications, therapy, exercises, or limitations on activities, be sure to follow your physician's orders. Failure to follow your physician's advice can be used against you when it comes time to settle your case, or can be used against you in court if your claim proceeds to litigation.
4. Follow your physician's advice with respect to work and leisure activities. If your physician advises you to rest, to stay home from work, or to avoid certain activities, it is important that you follow such advice. If you resist your physician's advice and engage in activities that have been limited, it will not only prevent a speedy recovery, but could also affect the legal aspects of your case.  Even though staying out of work may have an impact financially, it is important that you follow such advice so that your recovery will be en­hanced. Your attorney will attempt to recover lost earnings.