Proceedings in a plaintiff’s personal injury case can take anywhere from six months to several years, and a client’s patience can be severely tested during this time. However, it has been our experience that clients who are forewarned have a much higher tolerance level for the slowly turning wheels of justice. The following is a portion of the details that you may want to share with your new personal injury clients after you have been hired:
Procedurally, the following events occur in most personal injury cases. First, your attorney must complete the investigation and file. This will involve the collection of data from your doctor, your employer, and our researcher. When we believe we have enough information to form an opinion on the financial extent of your damages, we will begin negotiations with the opposition to reach a settlement.
1. Physician/Treatment
It will help your case to let us and your doctors know about any injuries or medical problems before or after your accident. Good cases can be lost if the injured person hides or forgets a previous or subsequent injury or medical problem. Insurance companies keep a record of each and every claim against any insurance company. The insurance company will surely find out if you have ever made a previous claim.
Tell your doctors about all your complaints. Physician records can only be
as complete as what you have given. Keep track of all prescriptions and medications taken and corresponding bills. Also save all medicine bottles or containers.
2.Diary
You should keep a journal of your experiences since your accident. In addition to this daily log, we also ask that you begin to describe a single day in the course of your life. In other words, describe what you do when you get up in the morning, the first thing you do after going to work, what kind of work and effort you put into your job, what activities you do after work, etc.
In other words, we need you to describe the changes in your work life,
your gaming life, your life as a husband or wife or child or parent. In your written description of his day, we would appreciate it if you could explain in as much detail as possible and in his own words how the accident and subsequent injuries have affected his life, his personality, and his perspective.
And remember that suffering does not involve mere physical pain; suffering can be emotional and can spread to your family and friends, at work and at play. When you have completed this description, please return it to this office in the enclosed envelope.
Keep a diary of all matters related to this accident, no matter how trivial you think it may be. You must include notes on the treatments you receive, therapy, casts, appliances, hospitalization, change of doctors, change of medication, symptoms, recurrence, setbacks, disabilities and discomforts. If you have any questions about the property including any particular information, please call the office and let us assist you.
3. Record of medical expenses and out-of-pocket expenses
You can also start setting up a system to record the expenses incurred along with your claim in detail. Medical and legal expenses are a significant part of the value of your claim, so good records of these expenses should be kept at all times. Your attorney will keep track of your legal expenses, which may include filing costs, service of process, investigation, reports, depositions, witness fees, jury fees, etc.
From time to time, however, there will be expenses incurred that you need to keep track of. We ask that you do your best to avoid any potential errors or inaccuracies, as jurors have an unrelenting reverence for the truth. Keep your canceled checks and expense list together, as we’ll need them at a later date.
Collectively, these procedures can take anywhere from six months to several years, and your patience can be sorely tested during this time. However, it has been our experience that clients who are forewarned have a much higher tolerance level for the slowly turning wheels of justice.
4. Don’t talk about the case
The insurance company may call you on the phone and record the conversation or send an adjuster (investigator) who may carry a concealed recorder. You should not discuss your case with anyone.
Obviously, we cannot stress too much that you do not discuss this matter with anyone other than your trusted attorney or immediate family. You must not sign any document without the consent of this office. Remember that at any time you can be photographed and investigated by the opposition. By following the simple precautions we have laid out on your checklist, we believe we will be able to obtain a fair and adequate amount for your injuries. If you receive letters from anyone regarding your case, mail or fax them to your attorney immediately.
5. Questioning
If you are approached by anyone regarding this accident without your attorney’s permission, please take full notes on the incident. These notes must include the name and address of the party, a description of the person, and a narrative description of what was said or done. Under no circumstances should you answer any questions. All questions should be referred to your attorney’s office.
6. Invoices
Keep all bills related to your injuries, including medical bills, hospital bills, drugs and medications, therapy, appliances, and anything else needed to help you recover. If possible, pay these bills by check or money order, so that a complete record can be kept. If this is not possible, be sure to obtain a full receipt with the header of the invoice, to indicate where the receipt came from and the issuing party.
7. Evidence
Be sure to keep anything in your possession that could be used as evidence in your case, such as shoes, clothing, eyeglasses, photographs, faulty machinery, faulty parts, foreign substances that may have been a factor in your accident, etc. Be sure to let the office know that you have these items in your possession.
8. Photographs
Take pictures of all motor vehicles, machinery, appliances, etc., that may be directly or indirectly related to your accident. Again, be sure to let the office know that you have such photos.
9. Keep your lawyer informed
Please keep this office informed at all times regarding address changes, major changes in medical treatment, termination of treatment, termination of employment, resumption of employment, or any other unusual changes in your life.
10. Insurance reports
Before making any report to your insurance company, consult with this office about the advisability of the type of reports to be made regarding liability, medical payment coverage, property damage or other claims under your policy, or claims against your own policy for part of a third party. party.
11. Lost wages
Keep a complete record of all lost wages. Obtain a statement from your company that describes the time you have lost, the rate of wages you are paid, the hours you work per week, your average weekly wages, and any losses suffered as a result of this accident. Whenever possible, also obtain other types of evidence, such as accounting sheets, copies of time cards, canceled checks, check stubs, vouchers, pay stubs, etc.
12. New information
In the event that any new information pertaining to the evidence in this case becomes known to you, please notify the Attorney immediately. This is particularly true of witnesses who have so far been unavailable.
13. Tracking
Remember at all times that you may be under surveillance and therefore subject to being photographed or filmed by the opposing party. Please note that there are instances where photographs and film have been presented in court showing plaintiffs alleged to be in serious condition engaging in activities they claimed they were unable to perform. You don’t have to live in fear of being photographed, of course, if your cause is just.
14. Filing of complaint
If early settlement is not productive, then a complaint is filed and the parties are notified that a claim has been filed. The opposition is then given a set amount of time to file what is known as an “Answer.” The answer yes is usually followed by a request for written interrogatories. These are questions that the plaintiff must answer with the help of an attorney. Written interrogatories are generally followed by deposition, which is recorded testimony given under oath by anyone the opposition wishes to question.
However, as you go about your normal business, keep in mind at all times that you are subject to investigation. If you have been seriously injured, do not do anything that could jeopardize your case during the course of your daily life. You should always follow your doctor’s advice. If you have to do things that cause you pain, this can usually be explained to the satisfaction of any court or jury.
There are cases where the insurance agent has attempted to discredit a
personal injury plaintiff by taking movies of the plaintiff performing various physical activities. In one case, large rocks weighing over one hundred pounds were placed on the garage door overnight so that the claimant had to remove the rocks to drive to work. This, of course, was filmed and used to discredit the plaintiff’s claim in court.