Eight Things You Should Know About Pursuing An Injury Claim
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. You must disclose all prior accident and injuries to your lawyer. It isalmost certain that the other insurance company will find out about this, because allaccident information is shared by insurance companies in a central database. Theonly person who may be surprised is your attorney, and this is never a good thing.
4. Keep a daily "pain diary" detailing how you feel, doctors and therapyappointments, medications taken and your inability to work. Don't depend on your memory; it could take years for your case to be resolved.
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. There are few "can'ts" following an accident in real life. 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. So know that you'll have a problem if yousay that it hurts for you to walk or stand, but then get videotaped playing tennis. 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. His case was destroyed.
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.
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