You say it is impossible that you lost and your lawyer was at fault? Well let’s examine some other reasons.
Herein are some of the things that could have caused you to lose your case:
- You got caught lying.
- Surveillance: Assume an investigator will do a sub rosa (undercover) investigation.
- Take down social media: Facebook, Twitter, Blogs or Web pages that show everything you do and who your friends are to interview
- Don’t talk about your case: The insurance company may try to contact you or your friends and neighbors. If contacted, explain “you would be happy to talk to them if they call your lawyer for permission”. A good lawyer always sets himself up as a strawman……..so always remain the good guy and let your lawyer be the bad guy.
- Adjusters are paid to minimize the value of your case and pay you as little as possible.
- Don’t sign anything without consulting with a lawyer.
- Doctor appointments: Follow the doctor’s directions and don’t miss appointments. The insurance company will argue, “if you were really injured you would have found a way to make the appointment”. Missed appointments are interpreted as “you are ok now”. The insurance company says if you made all your appointments, you would have healed sooner”. At the doctor’s be careful what you say. Never say “my attorney said to…” Be sure you tell each doctor each problem.
- Keep all evidence, pictures, bloody clothes, casts/braces or your shoes in a slip and fall.
- Pictures: Take pix showing your injuries, both before and after a surgery. Take videos showing how hard it is for you to get around or do chores or get in and out of a car.
When the adjuster comes to your home to evaluate the property damage s/he often takes pix of the car. Don’t let the adjuster trick you into getting into the pix with the car and then asking you to bend to show the damage, and at the last minutes says “smile”. Now you are caught bending and smiling when you complained to the doc that you hurt in every way.
- The Insurance Medical Exam (IME): These doctors aren’t independent and are only hired if they provide favorable reports for the Defendant. They make money finding that nothing is wrong. Your lawyer should attend the IME with you and note the times when the exam started and ended so they can argue the defendants doctor saw you for ……X….minutes.
- Prepare a summary before you go to your or their doctors from the top of your head to bottom of your toes.
- Question, call your lawyer first.
- Don’t admit fault?
- Call police & take pix of car, skid marks, debris and traffic signs…document everything.
- Don’t settle injury or car damage to quickly.
- Remember Silence is Golden!
- Document treatment and don’t release med records without a lawyer and doctors ok. Don’t see a doc you have seen before because they often have things in their records that can hurt your case…….(prior accidents; drug issues, STD’s, abortion, admission of affairs, psych treatment etc.)
- Have your insurance company file an SR1.
- Don’t attend a body shop the insurance company recommends as they remain a preferred shops as long as they do the work cheaply. This means lower PD estimates because they cut corners etc.
- You pick the wrong lawyer? Choose a local experienced PI lawyer with a great AVVO & YELP rating.
Remember: Silence is Golden and Handcuffs are Silver so DON’T TALK to POLICE or Insurance Co. without your lawyer’s permission.
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REPRESENTING THE INJURED AND CRIMINALLY ACCUSED
“TOP LAWYER” – California’s Prestige Magazine, Palm Springs Life (PI/DUI) 2011-20
“TOP LAWYER” – Inland Empire Magazine 2016- 2019
PERFECT 10.0 AVVO Peer Rating
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