BAMs: The Biggest Roadblocks That Can Derail a Personal Injury Case
At Shane Smith Law, we often talk about something we call BAMs.
BAMs are the common roadblocks that slow down a case, reduce its value, or in some situations, stop it altogether. Think of them as detours off the normal client journey toward a fair resolution.
Understanding these ahead of time can help you avoid unnecessary problems and protect your case.
What Does “BAM” Stand For?
Each letter in BAMs represents a situation we see regularly that impacts a case.
B: Getting Better
This one may sound obvious, but it matters.
If you get better quickly:
- Your treatment phase ends sooner
- Your case resolves faster
- You may not have a permanent injury
This is not a bad outcome. It simply means your injury healed. You can still receive fair compensation, but the case will naturally be shorter.
A: Acting Against Medical Advice
This is one of the most damaging BAMs.
Acting against medical advice includes:
- Declining physical therapy that was recommended
- Refusing an MRI when symptoms suggest a disc injury
- Turning down injections or other treatment options without medical reason
Even if you have personal concerns, such as fear of needles or claustrophobia, refusing recommended care makes it look like:
- Your pain is not that serious
- You are choosing not to get better
Insurance companies use this against you every time.
M: Missing Appointments
Missed or repeatedly rescheduled appointments hurt cases more than most people realize.
When appointments are missed:
- It looks like something else was more important than your injury
- Insurance companies argue you were not in real pain
- Jurors often assume you were not seriously hurt
One missed appointment may be a small setback. Multiple missed appointments can become a major problem. Too many, and the case may be extremely difficult or impossible to recover.
S: Stopping Treatment
Stopping treatment early is often the most serious BAM.
This usually happens because of treatment fatigue, when clients:
- Get tired of going to doctors
- Feel frustrated with slow progress
- Decide to “just live with it”
From a legal perspective, stopping treatment sends a clear message:
- You are better, or
- The injury is not serious
Even if neither is true, stopping treatment can effectively end your case.
Why BAMs Matter
With the exception of getting better, BAMs:
- Delay your case
- Reduce its value
- Give the insurance company leverage
- Make it harder to reach a fair settlement
Acting against advice, missing appointments, and stopping treatment are all avoidable roadblocks.
Final Takeaway
Your case is a journey. BAMs are detours and roadblocks that can keep you from reaching a fair outcome.
If you have concerns about treatment, appointments, or next steps, talk to your legal team before making decisions that could hurt your case.
If you’re in pain, call Shane.
