GUIDE TO PERSONAL INJURY CASES

I. Doctors
II. Telephone Calls
III. Insurance Adjusters
IV. Arm-Chair Counsel
V. Change of Address
VI. Seeking Employment
VII. Social Security Benefits
VIII. Insurance Claims
IX. Summons and Notice Papers
X. Miscellaneous
XI. Unemployment Compensation
XII. Your Attorney's Legal Assistant
XIII. A Summary of Do's and Don'ts to Remember



IN GENERAL:
One of the most important things you can do to help us with your case is to keep good records. We will be depending on you to send to us all medical bills you receive and any insurance policies or important papers that you think might help us with your case. We may also need copies of your income tax returns for the last three years. Be sure that we get a list of the names and addresses of anyone who was or might have been a witness to your injury. This information can come only from you and we are counting on your help.

I. DOCTORS
It is not necessary to discuss your legal case with your doctor. If your doctor should ask whether you have an attorney, tell him/her the truth, but don't volunteer this information unless you are asked. Lengthy discussions with your doctor about your legal case may lead him/her to believe that you are more concerned with monetary recovery than you are with the restoration of your health. We want you to get well.

II. TELEPHONE CALLS
You may, from time to time, receive telephone calls of a suspicious anonymous nature inquiring where you might be reached, where you are employed (or offering you a job). Remember, that as a general rule, jobs are not offered over the telephone. If possible, obtain the name and address of the person calling. Then, discontinue the conversation and immediately call your attorney.

III. INSURANCE ADJUSTERS
You will probably, at some time, be contacted by telephone, or personally, by an insurance claims adjuster, the Retail Credit Bureau, or other persons who will readily identify themselves and will try to talk to you about your injury, the progress of your case or simply your personal affairs. You are under absolutely no obligation to disclose any information to anyone without the advise and consent of your attorney. Certain legal traps can easily be set by asking what are seemingly innocent questions. Also, don't forget that telephone conversations can be recorded and actions by you can be recorded on tape and on film.

In our experience, some insurance companies actually take movies of our clients doing home repairs, working, and generally going about their business. Don't be ashamed to do all that you can do under your doctor's advise, but do not exaggerate or minimize those things to your attorneys. We need to know exactly what you can do, since it may be the subject of a surprise move.

IV. ARM-CHAIR COUNSEL
You will inevitably find that everybody knows somebody who has been through exactly what you are going through-or have been through it themselves - and are more than willing to advise you even to the extent of giving you off-the-cuff legal counsel. It is wise to caution the members of your family or your close friends that your case is very private business and is not to be entered into public discussion. Always call your attorney for the answer to any question you have about your case.

V. CHANGE OF ADDRESS

Be sure to report immediately any change of address or telephone number to your attorney's office. Your attorney may, from time to time, receive word on your case which needs to be relayed to you and requires prompt action or decision on your part. Don't leave town for long periods of time without letting your attorney know where you can be reached.

VI. SEEKING EMPLOYMENT
In your case, as a practical matter, you should seek employment that your doctor says you are reasonably and physically able to do. Many cases are lost because the jury felt that the client should have looked for work and didn't or because the client did more actual work than he indicated he would do. However, when applying for any employment, you should never be dishonest about the fact that you have been injured or that you are in top physical condition. This could be very detrimental to your case. Discuss this with your attorney and be open-minded about his advise regarding future employment.

VII. SOCIAL SECURITY BENEFITS
If your injury is of a very serious nature and you find that you may be disabled for as much as one year, chances are you may be eligible for Social Security benefits. But, be sure to consult with your attorney before taking any steps in this direction as this may have a direct effect on your case.

VIII. INSURANCE CLAIMS
Be careful to go over with your attorney any claim forms you wish to submit on health or accident insurance which you may carry at the time of your injury. Don't ever sign any papers regarding your physical condition or insurance benefits without letting your attorney check them. Bring to us any papers you receive from insurance companies or adjusters.

IX. SUMMONS AND NOTICE PAPERS
If, at any time, you are served with a Summons or any type of notice by a sheriff's deputy or constable, bring it to your attorney's office immediately.

X. MISCELLANEOUS
Should a situation arise where you might question what you should say, where you should go, or even what you should wear, if in doubt-ask your attorney's advice.

XI. UNEMPLOYMENT COMPENSATION
Do not file application for benefits under Unemployment Compensation without asking the opinion of your attorney.

XII. YOUR ATTORNEY'S LEGAL ASSISTANT
Don't ever hesitate to talk with your attorney's legal assistant concerning any questions you have about your case. Your complete file will always be available to her. If she is unable to answer your question, she will present your problem to your attorney with your file so that all information is readily at hand. For this reason alone, it is never wise, except in case of emergency, to call your attorney at home. He cannot effectively discuss your case with you without having your file available.

XIV. A SUMMARY OF DO'S AND DON'TS TO REMEMBER
DO...

  • Keep all appointments with your doctor.
  • Ask your attorney about anything you don't understand. Any expenses incurred in the investigation of your case will be charged against your recovery. Feel free to ask about these charges.
  • Write down things you think might be helpful to your case and let your attorney know about your ideas.
  • Keep accurate records of your expenses such as prescriptions, etc., and always give these to your attorney.
  • Practice patience.
  • Ask your attorney's legal assistant about routine matters.
  • Keep accurate records of days you work and days you miss because of your injuries. Wage records and days worked are of utmost importance. If there was someone within your place of employment designated as a personnel manager, obtain their name, address and job title. We may need evidence showing a record of your good work.
  • When possible, obtain all prescriptions from the same pharmacy. It's much easier to keep records this way.
  • Give advance notice if you are unable to keep any appointments - either with your attorney or your doctor.
  • Let your doctor know about any differences you have in your physical condition since your injury and let him/her decide whether it is connected with your injury or not.
  • Please let your attorney know if you are unhappy with the way your case is being handled or if you have any suggestions which might be beneficial for clients. He/She will appreciate your interest.
  • Write down the names and addresses of all possible witnesses to your case and give them to your attorney.

DON'T...

  • Don't fall prey to amateur legal advice from well-meaning people. Your attorney is the expert.
  • Don't change doctors without consulting your attorney.
  • Try not to get unduly upset with your attorney if you are unable to contact him/her immediately. Remember that he/she has a demanding schedule to fill.
  • Don't fail to tell your attorney anything - good or bad - which might be connected with your case. He needs to know everything.
  • Don't keep any medical information or symptoms from your doctor.
  • Don't forget that the insurance claims adjuster assigned to your case will have a vast amount of information about you, both professional and personal, and it is imperative that your attorney know all there is to know about you too.
  • Don't worry about it when your neighbors and friends tell you that there have been people around asking questions about you. This will more than likely be the insurance company checking your activities.
  • Don't discuss your case with strangers.

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