How to Avoid Being Indicted of Malingering in a Personal Injury Case in Atlanta


Being indicted of amplifying, faking, or lying about your pain is the last thing you want to experience after an accident injury. Following the right legal procedure to document the incident and resulting injuries helps establish and support your personal injury claims.

Do you have a personal injury case? And want to avoid being accused of malingering? Seek the services of experienced attorneys at Henningsen Injury Law Firm. At this law firm, you’ll find legal experts who will take you through the challenging procedure to ensure you document everything professionally and skillfully.

To unearth more about how to avoid malingering allegations, go through the following key points.

Document Your Litigations and Complaints

Malingering is a technical term in the personal injury case. It covers faking or feigning injuries or exaggerating an injury’s consequences. In most cases, the medical experts or attorneys of the defendant will accuse the plaintiff of malingering as an indirect way of insinuating that the complainant isn’t deserving of the compensation they are seeking since the injuries aren’t debilitating as the accuser would have people believe.

Claims of malingering are usually a tactic employed by the respondents to discredit a complainant. If complainants complain of numerous pain symptoms, then they are malingering. And when they complain too little, then there’s nothing wrong. But malingering accusations could potentially be devastating to the claim of the complainant if the plaintiff’s side isn’t prepared to rebut the absurd claims with credible, objective evidence.

The best evidence usually comes from the medical records of the plaintiff. These records document both the complainant’s subjective complaints and objective limitations on physical examinations, as well as the patient’s plan of care. Also, medical records document the treatment progress or lack of thereof of the complainant.

To avoid being accused of malingering, it’s important to diligently and immediately take care of your health. Also, you should remember to accurately and professionally document your limitations and complaints.

Discuss with Your Personal Injury Attorney

The higher the claim’s potential value, the more likely corporate and insurance defendants will look for evidence of malingering.

One of the perfect ways to know if you’re likely to be accused of malingering is to have a discussion with your personal injury attorney. Your attorney should be more than willing to give you tailored advice concerning how best to sidestep such claims in your personal injury case.

The ways to avoid this claim will vary from one plaintiff to another. An important point to keep in mind is that you need to be honest with your attorney about your limitations and abilities early in the representation.

Look for Consistent Medical Treatment

You need to look for consistent medical treatment if you want to avoid being accused of malingering. If you were really injured in an incident, look for medical attention as soon as possible. Qualified medical experts will enable you to document all of your injuries.

Be honest and open about your pain so that your health expert can keep complete records. Juries and insurance adjusters are after accurate documentation and nothing else. Without proper documentation, you do not have a case.

Keep taking the doctor’s advice, visiting their facility, and consulting experienced personal injury attorneys. It’ll pay off when you receive just compensation.


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