| The procedures in a Plaintiff personal injury case may | | | | letters from anyone in connection with your case, mail |
| take from six months to several years, and a client's | | | | or fax them to your attorney immediately. |
| patience may be sorely tried during this time. However, | | | | 5, Questioning |
| it has been our experience that clients who are | | | | If any person approaches you with respect to this |
| forewarned have a much higher tolerance level for the | | | | accident without your attorney's permission, make |
| slowly turning wheels of justice. The following a is | | | | complete notes regarding the incident. These notes |
| portion of the details you may wish to inform your | | | | should include the name and address of the party, a |
| new personal injury clients after you have been | | | | description of the person, and a narrative description of |
| retained: | | | | what was said or done. Under no circumstances |
| Procedurally, the following events occur in most | | | | should you answer any question(s). All questions should |
| personal injury cases. First, your Attorney must | | | | be referred to your attorney's office. |
| complete the investigation and file. This will involve the | | | | 6. Bills |
| collection of data from your physician, your employer, | | | | Retain all bills which relate to your damages, including |
| and our investigator. When we feel that we have | | | | medical expenses, hospital expenses, drugs and |
| sufficient information to form an opinion as to the | | | | medicines, therapy, appliances, and anything needed to |
| financial extent of your damages, we will commence | | | | assist in your recovery. If possible, pay these bills by |
| negotiations with the opposition for a settlement. | | | | check or money order, so that a complete record may |
| 1. Doctor/ Treatment | | | | be kept. If this is not possible, be certain to obtain a |
| It will help your case to tell us and your doctors about | | | | complete receipt with the bill heading on it, to indicate |
| any injury or medical problems before or after your | | | | where the receipt came from and the party issuing it. |
| accident. Good cases can be lost by the injured | | | | 7. Evidence |
| person's concealing or forgetting an earlier or later | | | | Be certain to keep anything that comes into your |
| injury or medical problem. Insurance companies keep a | | | | possession which might be used as evidence in your |
| record of any and all claims against any insurance | | | | case, such as shoes, clothing, glasses, photographs, |
| company. The insurance company is sure to find out if | | | | defective machinery, defective parts, foreign |
| you have ever made a previous claim. | | | | substances which may have been a factor in your |
| Tell your doctors all of your complaints. The doctor's | | | | accident, etc. Be sure to let the office know that you |
| records can only beas complete as what you have | | | | have these items in your possession. |
| given. Keep track of all prescriptions and medicines | | | | 8. Photographs |
| taken and the bills therefore. Also save all bottles or | | | | Take photographs of all motor vehicles, machinery, |
| containers of medicine. | | | | appliances, etc., that may be connected--directly or |
| 2. Diary | | | | indirectly--with your accident. Again, be sure to let the |
| You should keep a diary of your experiences since | | | | office know that you have such photographs. |
| your accident. In addition to this daily record, we also | | | | 9. Keep Your Attorney Advised |
| ask you to start describing a single day in the course | | | | Keep this office advised at all times with respect to |
| of your life. In other words, describe what you do | | | | changes in address, important changes in medical |
| when you get up in the morning, the first thing you do | | | | treatment, termination of treatment, termination of |
| after you go to work, what type of work and effort | | | | employment, resumption of employment, or any other |
| do you put into your employment, what activities you | | | | unusual change in your life. |
| engage in after work, etc. | | | | 10. Insurance Reports |
| In other words, we need you to describe the changes | | | | Before making any report to your insurance company, |
| in your working life,your playing life, your life as a | | | | consult with this office on the advisability of the type of |
| husband or wife or child or parent. In your written | | | | reports to be made concerning liability, medical |
| description of your day, we would appreciate your | | | | payment coverage, property damage, or other claims |
| explanation in the greatest detail possible and in your | | | | under your policy, or claims against your own policy by |
| own words how the accident and subsequent injuries | | | | a third party. |
| have affected your life, your personality, and your | | | | 11. Lost Wages |
| outlook. | | | | Keep a complete record of all lost wages. Obtain a |
| And remember that suffering does not entail mere | | | | statement from your company outlining the time you |
| physical pain; suffering can be emotional and can be | | | | have lost, the rate of salary you are paid, the hours |
| transmitted to your family and friends, at work and at | | | | you work per week, your average weekly salary, and |
| play. When you have completed this description, | | | | any losses suffered as a result of this accident. |
| please return it to this office in the enclosed envelope. | | | | Where possible, also obtain other types of evidence |
| Keep a diary of all matters concerning this | | | | such as ledger sheets, copies of time cards, canceled |
| accident--no matter how trivial you think it may be. | | | | checks, check stubs, vouchers, pay slips, etc. |
| You should include notes on the treatments you | | | | 12. New Information |
| receive, therapy, casts, appliances, hospitalization, | | | | In the event that any new information concerning the |
| change of doctors, change of medication, symptoms, | | | | evidence in this case comes to your attention, report |
| recurrence, setbacks, disabilities and inconveniences. If | | | | this to the Attorney immediately. This is particularly true |
| you have any doubt about the propriety of including | | | | in the case of witnesses who have heretofore been |
| some particular information, please call the office and | | | | unavailable. |
| let us assist you. | | | | 13. Surveillance |
| 3. Record Medical and out of pocket expenses | | | | Remember at all times that you may be under |
| You can also begin to set up a system for recording | | | | surveillance and, therefore, subject to being |
| the expenses incurred in conjunction with your claim in | | | | photographed or filmed by the adverse party. Be |
| minute detail. Medical and legal expenses are a strong | | | | advised that there are cases where photographs and |
| part of the value of your lawsuit, so good records of | | | | films have been introduced in court showing claimants |
| these expenses must be kept at all times. Your | | | | who were allegedly in serious condition participating in |
| attorney will keep track of your legal expenses, which | | | | activities which they alleged they were unable to do. |
| may include costs of filing, service of process, | | | | You do not have to live in fear of being photographed, |
| investigation, reports, depositions, witness fees, jury | | | | of course, if your cause is a just one. |
| fees, etc. | | | | 14. Filing of Complaint |
| From time to time, however, there will be expenses | | | | If early settlement is not productive, then a complaint is |
| incurred that you must keep track of yourself. We ask | | | | filed, and the parties served with notice that a claim |
| you to make every effort to avoid any possible error | | | | has been made. The opposition then is given a fixed |
| or inaccuracy as jurors have a relentless reverence | | | | time to file what is known as an "Answer." The |
| for the truth. Keep your canceled checks and your list | | | | Answer if usually followed by a request for written |
| of expenses together, for we will need them at a later | | | | interrogatories. These are questions that must be |
| date. | | | | answered by the claimant with the aid of counsel. |
| Altogether, these procedures may take from six | | | | Generally, written interrogatories are followed by the |
| months to several years, and your patience may be | | | | taking of depositions, which is recorded testimony |
| sorely tried during this time. However, it has been our | | | | given under oath by any person the opposition wishes |
| experience that clients who are forewarned have a | | | | to question. |
| much higher tolerance level for the slowly turning | | | | However, when carrying on your usual activities, keep |
| wheels of justice. | | | | in mind at all times that you are subject to investigation. |
| 4. Do not discuss the case | | | | If you have been seriously injured, do not do anything |
| The insurance company may telephone you and | | | | that will jeopardize your case during the course of |
| record the conversation or send an adjuster | | | | your daily life. You should always follow your doctor's |
| (investigator) who may carry a concealed tape | | | | advice. If you have to do things which cause you pain, |
| recorder. You should not discuss your case with | | | | this can usually be explained to the full satisfaction of |
| anyone. | | | | any court or jury. |
| Obviously, we cannot stress too strongly that you not | | | | There are cases where the insurance agent has |
| discuss this matter with anyone but your attorney or | | | | attempted to discredit apersonal injury plaintiff by |
| immediate, trusted family. You should sign no | | | | taking movies of the claimant engaged in various |
| documents without the consent of this office. | | | | physical activities. In one case, large rocks weighing |
| Remember that at all times you may be photographed | | | | over one hundred pounds were placed at the door of |
| and investigated by the opposition. If you follow the | | | | the garage during the night so that claimant would |
| simple precautions which we have set out in your | | | | have to be forced to remove the rocks in order to |
| checklist, we feel that we will be able to obtain a fair | | | | drive to work. This, of course, was filmed and used to |
| and appropriate amount for your injuries. If you get any | | | | discredit the plaintiff's claim in court. |