By Shane Smith, Personal Injury Attorney – Shane Smith Law
One of the questions I get all the time is:
“What can make my case smaller—or just harder to settle?”
It’s a great question, and the truth is, there are some common mistakes and roadblocks that can really impact the value of your personal injury case.
At Shane Smith Law, we call them BAMS.
That stands for Better Faster, Acting Against Advice, Missing Appointments, and Stopping Treatment.
Let’s break it down:
B – Better Faster
Look, it’s great if your body heals quickly. We want you to get better.
But from a case value perspective, if you recover after just a couple of visits and minimal treatment, your case will likely be smaller.
Why?
Because personal injury cases are based on:
- The seriousness of your injury
- The length and type of treatment
- How it affects your daily life
If you’re back to normal in a few weeks, that’s less medical evidence to show lasting harm—so it’s a smaller case.
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A – Acting Against Advice
When you hire a personal injury lawyer, we’re going to give you guidance. Not just on legal strategy, but on how to document your recovery.
For example:
- If you’re told to do aqua therapy, doing it supervised is better than unsupervised.
- If your doctor gives you a choice between at–home exercises or formal physical therapy, the latter is almost always better for your case.
Even if both are medically valid, a jury or adjuster will see supervised treatment as more serious and credible. Acting against your lawyer’s advice—even unintentionally—can hurt your case value.
M – Missing Appointments
Missing medical appointments is a huge red flag in any injury case. Here’s what it tells the insurance company (and possibly a jury):
“If you were really in pain, you wouldn’t have skipped treatment.” Even if life gets busy, skipping visits makes it look like your injury wasn’t that bad—or that something else mattered more than getting better.
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S – Stopping Treatment Early
There’s a big difference between finishing treatment because you got better… and quitting treatment because you got tired of going.
If something isn’t working—say, you’ve done several PT sessions and still feel the same—don’t stop on your own.
Go back to your doctor and talk about switching treatments or getting a referral.
But whatever you do, don’t just disappear from your recovery plan.
It can make it look like you’re not really injured—or worse, that you’re exaggerating.
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Final Thoughts from Shane
Every case is different. But I’ve seen these BAMS show up time and time again. And every time, they make a case smaller, harder to prove, or more difficult to settle.
So remember:
- Get the care you need
Stick to your treatment plan
- Talk to your doctor if something isn’t working
- And always follow your lawyer’s advice
We’re here to fight for you—but we need you to help build the strongest case possible.
📞 In pain? Call Shane! 980-999-9999
💼 Shane Smith Law – Helping You Recover, Legally and Physically
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