A serious spinal injury does not just affect your body but every part of your life as well. Between medical appointments, physical therapy and managing daily responsibilities, it can feel overwhelming to think about the legal issues.
But the choices you make as you recover may quietly shape the outcome of any future claim. Below are potential mistakes you might make in the weeks and months after your injury.
Going back to work before your body has healed
Returning to work too soon, or pushing past your physical restrictions, can do more harm than you might expect:
- It can worsen your injury
- It can signal that you are not as injured as you claim
- It can undermine your medical records
According to the National Spinal Cord Injury Statistical Center 2024 Facts and Figures report, indirect costs, including lost wages and reduced productivity, averaged $92,578 per year in 2023 for people living with spinal cord injuries. Following your doctor’s instructions and protecting your recovery timeline helps preserve the full economic picture of your losses.
Keeping a pre-existing condition out of your claim
If you had a pre-existing back or spinal issue before the accident, it might feel tempting to leave it out of the conversation. Many people worry that disclosing a pre-existing condition will weaken their case.
In reality, the opposite tends to be true. Illinois law recognizes what is known as the “eggshell plaintiff” doctrine, meaning a liable party takes you as they find you. If an accident worsened a condition you already had, you may still have a valid claim for the aggravation.
Withholding that history, however, can backfire. Insurance companies routinely pull medical records, and if they discover an undisclosed condition, they may use it to question your credibility entirely.
As such, your legal team will need complete transparency. Gaps in the medical history presented to your attorney might limit their ability to build an effective case on your behalf.
Speaking to the insurance company without legal guidance
Insurance companies often request recorded statements in the early stages of a claim. These recordings are part of a formal process and insurers may later use statements made without guidance to dispute or reduce your compensation. Adjusters may interpret seemingly straightforward phrasing differently once it enters a legal context.
You have every right to decline a recorded statement until you have legal representation in place. An attorney can help clarify which questions require a response and how to address them in a way that does not inadvertently harm your case.
Settling too quickly before the full scope of your injuries is known
Spinal injuries frequently involve costs that are not immediately apparent. Future surgical procedures, ongoing physical therapy, home modifications, long-term attendant care and diminished earning capacity may collectively amount to hundreds of thousands of dollars over time. An early settlement may account for none of those future expenses.
It is worth noting that Illinois law generally provides personal injury claimants two years from the date of injury to file a lawsuit. It is also important to know that missing this deadline may bar you from recovering compensation.