Do Personal Injury Victims Exaggerate?

January 25, 2024 By Gelb & Gelb, P.C.

Do personal injury victims exaggerate? The general public often assumes so. When some people think of a personal injury lawsuit, they think of a money grab, a get-rich-quick scheme that can absolve them of a mountain of debt. When I was an undergrad at Penn State, a running joke on campus held that if a school bus hit you, you would get free tuition for the rest of your time there. But personal injury law is not so simple. To recover damages in court, you must prove, by a preponderance of the evidence, that you suffered harm equal to a monetary value. The U.S. Courts system explains how this burden works in civil cases.

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Impact of Stereotypes

Juries typically decide damage awards. So when the general public, a jury of your peers, sees you in court and you are genuinely and seriously injured, the stereotype can undercut the reality of your suffering. Personal injury victims experience a wide range of suffering. After an injury, beyond the physical pain, you may be unable to join hobbies with your children or loved ones, perform your favorite activity, or maintain friendships. These are natural and lasting consequences of serious injuries. The law recognizes them as compensable so long as we can prove the causal link in court. Unfortunately, common misconceptions about the extent of these injuries remain pervasive in personal injury cases.

Dispelling of Stereotypes

There are countless reasons why the stereotype that personal injury victims exaggerate cannot hold up. For one, a jury or judge could snuff out an exaggeration. For as bright as an exaggerating victim would have to be to get away with it, a jury of six or twelve is collectively sharper. Judges also see these cases multiple times a day, every day. They have seen severe, life-altering injuries, so they can tell that plaintiff apart from one in court for a money grab and nothing more.

Beyond the finder of fact at trial, there is the defense. The defense team’s job is to pay as little as possible for your injuries. This adversarial structure is what makes our justice system effective. If you have a weak case, the defense will make that clear to the fact finder and deliver it in a way that makes no jury want to pay you. Of course, we are also very good at what we do. When we take your case to trial, we strategically present your strong case and counter the defense’s efforts to minimize compensation. The role of defense counsel therefore dispels the myth that victims routinely exaggerate.

The Role of Medical Documentation

As personal injury lawyers, we must prove that your damages are legitimate. A valuable tool for this is your medical documentation. Testimony by your medical providers, along with records that begin at the start of your treatment, provides persuasive evidence to a jury. You must therefore tell your doctor or provider every detail that ails you because of your injury. The doctor then relates those symptoms to the injury the third party caused. The more information the doctor has, the more persuasive your case becomes. Your doctor also cannot treat an ailment he does not know about.

Ultimately, medical documentation supports your credibility as a witness. It also allows the doctor, who treats countless patients, to testify to your injuries accurately.

Transparency

The most important thing you can do in a personal injury case is stay honest and transparent. You will not gain anything by exaggerating your injuries. We always advise our clients neither to exaggerate their injuries nor to minimize them. If your injuries are legitimate, you are entitled to compensation. But you must state the facts as they are and stay as transparent as possible. A jury of your peers is competent and perceptive to your words. Defense counsel for insurance companies also constantly seeks ways to contradict you on the witness stand. If you stand behind precisely what happened, you will generally find success.

An added benefit of transparency is the humility that comes with it. Juries favor a humble plaintiff. While you have every right to be upset that an injury that was not your fault has irreversibly altered your life, people do not respond well to aggression. Remember, your goal is to obtain the compensation you deserve for the damages you suffered. For that reason, it is best to speak transparently, avoid exaggerating your injuries, and display humility.