How To Ruin A Lawsuit For Your Personal Injury Attorney
Below is a list of actions you either should or shouldn’t take following an accident and during any potential legal proceedings involving New York accident lawyers afterward. Failure to follow these could result in your New York injury attorney having a weaker case, which could result in you losing any potential claims you might have.
1. See a Lawyer Before You See a Doctor. You must not be hurt too badly if your primary concern is suing someone rather than getting help. A defense attorney worth his salt is going to jump on this if he discovers that you hired a Long Island personal injury attorney before going to a doctor.
2. Not Going to a Medical Doctor Sure, there are plenty of good chiropractors, physical therapists, acupuncturists, holistic healers, massage therapists and others in the healing profession who can help you. For legal purposes, however, the medical doctor and anything he recommends or reports has much more bearing on the case than any other member of the medical industry. Your lawyer’s job is going to persuade jurors to believe that your injuries are real. Sworn testimony from a licensed medical doctor will have much more impact on your case than the testimony of a chiropractor, no matter how talented and qualified he is.
3. Always, Always, Always Take Photos! If you’re uninjured, take as many photos as you can. In the day of cell phone cameras, it is easy to get photos of the accident scene. You should always take pictures of any injuries sustained, and then follow-up with more pictures as they heal. You can never have too many pictures. I have never heard an automobile accident attorney say “I wish I didn’t have so many pictures”. The only lawyer you’ll hear complaining is the one on the other side whose client has to pay out more because you gave your attorney plenty of ammunition. Jurors are like the rest of humanity: we’re visual creatures, and base our judgments on what we see. Seeing is believing, after all.
4. Record Anything Said at the Accident. Call an ambulance if you’ve been hurt. If you’re not hurt, you should try speaking with the other parties involved. Don’t commit to anything in your statements to the other driver, but if they are apologetic or appear to be drunk, record everything they say. Record the condition of the other driver’s car and your own. Try to discover any distractions that could have caused the accident (Food, make-up kits, books, etc). Exchange phone numbers and insurance information. Make a note of the exact time of the accident. If you have been injured, have someone else gather all these details for you. Get to a hospital as soon as you can to get checked out, and follow any instructions given you by the doctor. Once you’ve been treated you can then consider contacting a car wreck lawyer, but not before.
5. Miss Follow Up Medical Appointments. The amount of money you receive depends entirely upon the severity of your injury. The severity of your injury is measured by a jury in these ways: first, the pain of the injury. Second, the permanent effects of the injury – such as scarring, loss of use, diminished range of motion, dismemberment, etc. Third, the economic impact of your injury – such as loss wages, damage to your car or property. The economic damages are easy to calculate. However, without thorough medical records the first two factors will be impossible to determine. If you are claiming severe injury but you don’t bother with follow up appointments with your doctor, the credibility of your claim diminishes.
6. Loose Lips Sink Ships, and Lawsuits Too. Remember that you don’t have to talk to anybody when involved in legal proceedings. Do not give statements to insurance adjusters no matter how helpful, friendly or kind these people appear to be. They want to undermine your case and get you to settle for a small amount of money. They’ll be recording every single word you say. Just remember that less is more in this case.
7. Exaggerating Your Injury, Claiming an Injury Which Cannot be Proven, or Worse, Claiming an Injury Which Never Happened. Faking or exaggerating an injury is the worst thing you can do in litigation. The jury expects proof when a specific injury is claimed. A defense attorney who’s any good will use this the rest of the trial. All of your injuries from then on will be brought into question, even the ones with substantial proof to back them up. The job of your motor vehicle accident lawyer just turned into an uphill battle.
The law offices of Charles R. Gueli supply some of the greatest New York accident lawyers available. Visit their homepage and get a Long Island personal injury attorney to help you soon!
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