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GUIDE TO PERSONAL INJURY CASES
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.
Return to Personal
Injury Cases page.
If you have any other questions or concerns about
your case, please contact us.
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our Disclaimer if you have additional questions.
© Copyright 2003: Cada, Froscheiser, Cada & Hoffman
(Pending)
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