Eight Things You Should Know About Pursuing An Injury Claim

By: Gary E Rosenberg

1. Be truthful to everyone about any physical limitation you now have. The truth will come out.

2. Don't accept a check or sign a release from an insurance company unlessyou know exactly what it covers. Sometimes insurance companies will attempt toget you to release "any and all claims" - including your injury claim - and lead youto believe that you are only settling your claim for property damage. Check with anattorney if you're not certain.

3. Don't try to hide past accidents or injuries from your lawyer. Insurance companies share accident information in a central database, so the other insurance company will more than likely find out about this. Theonly person who may be surprised is your attorney, and this is never a good thing.

4. It's helpful to keep a record of how you feel, of your doctors and therapy appointments, medications you are taking, and of course, you inability to work and enjoy any of the "customary" activities that you participated in before the accident. You can't count onremembering everything later, and a lawsuit can take years.

5. Don't try to "tough it out." See a doctor immediately after your accident. Be 100% open with your doctor: about how the accident occurred, and reveal anypast accidents or medical conditions that may affect your condition or healing.

6. In real life there are few "can'ts" after an accident. In other words, most people recover the ability to perform most activities, unless they are bedridden. Butgenerally, if they have limitations, it's because they can't do the activity as long, ashard, as strongly as they used to. And your limitations, presented correctly, may give you a valid injury claim.

7. Video cameras can be hidden anywhere. You many not know you are being videotaped and it could be at anytime or in any place. I've seen this many times. You will lose all credibility if you claim you cannot do run or bend, and then get videotaped jogging and doing squats. Ihad a client that claimed a serious back injury from a car accident but gotvideotaped at his vacation home in Florida, spending six hours resurfacing theasphalt on his driveway. Needless to say, this devastated his case.

8. Remember, never has an insurance company adopted a policy of payingfair, speedy and just ompensation to persons injured through the fault of another(the insurance company's policyholder). The money is in the insurance company'spocket, earning interest in the bank, or profits from its investments. (Did you know that insurance companies generally make more money per year on investedinsurance premiums - in real estate and such - than on new premium dollars received?)

A philosophical note: I try to be selective in the cases that my firm accepts, because I want to give personal attention to my clients' cases to the greatest extent possible. Every year I decline hundreds of cases. I concentrate my efforts on increasing the value of good cases, not finding and filing frivolous ones. I believe that goodlawyers think this way.

Another note: This report is not legal advice. I'm trying to give you information tohelp you make informed decisions. Investigate and check things out for yourself. Get legal advice in person; face-to-face.


Top Searches on
Legal Matters
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 

» More on Legal Matters
 



Share this article :
Click to see more related articles