Memorial Day ‘24, the summer kickoff when Americans are mandated under Federal law, to gather friends, BBQ Hot Dogs and drink lots of beer. Then they drive home under the influence …resulting in serious accidents and DUI’s.
Bill Walton who died of cancer this memorial day weekend, wasn’t the only death. The Desert Sun reported many fatal accidents this weekend on the 10 Freeway, which seemed like more than normal.
I remember coming to the CV every Memorial Day, in the 60’s & 70’s, for the poolside parties at the Riviera and Canyon Hotels, and cruising Palm Canyon with squirt guns. Today, things are no longer quiet as we have checkpoints to deter PI/DUI’s.
In my weekly “Dale Gribow on the Law” Legal Columns for the last 14 years, and my “Accidentally Yours” Talk Shows from the 90’s, I advised, “write down all the facts of how the accident or arrest, happened.” With an accident, it is important to note what hurts from the top of your head, to the bottom of your toes. Lawyers and doctors need this information, and your memory is better shortly after the accident or arrest, than it is 6 months or several years later.
Using cell phones to take pictures of the cars, injuries, driver’s license and insurance cards etc is a must as is statements from the wits and the driver. See a doctor asap. An ambulance validates the injuries severity, and helps provide the information a lawyer needs to maximize the recovery. Many victims do not want, or have, the money to spend on the ambulance or going to Eisenhower or Desert Regional’s ER. They don’t realize they will get it back in SPADES in the settlement, if they were not at fault…and that Rancho Mirage residents get FREE ambulance service.
A victim (or arrestee), who talks to the adjuster/defense lawyer, puts their lawyer at a disadvantage s/he will never know what was said. Clients don’t remember what they told the adjuster, and it is not just what the victim said, but what the adjuster/attorney THOUGHT s/he heard them say.”
Taking down social media is important as the other side can learn from social media. They may contact your Facebook friends, to get negative information about you, or learn about the sport or vacations you are taking.
Posting that your accident caused you to be 1 hour late for golf or tennis, suggests to some, you were not hurt that badly. Playing a sport, dancing or a ski vacation, suggests to some you were ok and thus faking your injuries. Obviously, one can be injured and still play tennis or golf, but with some pain.
Delays in seeking medical help, or seeing your own family doctor, can be harmful if your doctor says, “go home, soak in a hot bath, take aspirin and return in 1-2 months if you’re still hurting.” Then, you call the doctor and have to wait 3-4 weeks for an appointment. The doc then says the same thing, and you return 1-2 months thereafter. After 3 visits, over 6 months, you are discharged with a bill of $600, and the insurance company offers $1,000. Then, you want to know why your case wasn’t worth a lot more, since you were in pain for 6 months and still hurting?
The bottom line is, “If you don’t see a doctor on a regular basis, the delay reduces the case value, and the case may not be financially worthwhile for an attorney. In other words, the insurance company will argue, if you were really injured you would have found a way to get medical care.” Insurance companies deny and delay, because they are in business to make money, not give it!
The insurance company will pay as little money as possible. They will come up with every excuse possible to pay less…ie depreciation for a prior scratch, miles on tires, and the cars paint job/dents.
Ideally, you should see a doctor you have never seen before. This is so there are no skeletons in your closet, when this doctor prepares a medical report. Your mention of substance abuse, abortion, venereal disease or a slip and fall in your shower can hurt your case.
Many local doctors were not taught how to write a medical/legal report at their foreign or local med school. As a faculty member for a decade, I taught “How to Write Med/Legal Reports” at Orthopedic Conferences. Delaying treatment allows the insurance company to argue it may not have been from this accident and question everything, because they believe most claims are false. They question whether you slipped and fell while running around the pool or fell in your shower… thinking “I will say it is from my recent accident.” The bottom line, adjusters are paid to downplay the severity of the accident, and the amount to be paid to you.
Don’t let a non-local lawyer who hasn’t walked in your “accident victim” shoes, tell you how to tie your laces
DALE GRIBOW is an acclaimed “Boutique Concierge” PI/DUI firm with 25+ TOP LAWYER awards, 9 Man of the Year recognitions, 4 Dale Gribow Days, and awarded “Mr. Charity”…recognizing dozens of philanthropic awards. Representing the CV’s Seriously Injured and Criminally Accused for 30 years, and in ’24, limiting the caseload so calls can be answered and returned, the “Old Fashioned” way…by Dale.
“Whether I accept your case or not, if you take the time to call, I will personally direct you.”
