One of the biggest mistakes clients make it not realizing just how much they are responsible for their own personal injury cases. Of course, after a trauma, like a car accident or slip and fall, it is natural to become a bit disoriented and to focus on simply getting through the day. People have this false notion that if they hire a personal injury attorney, they don’t have to think about their own lawsuits. But that could not be farther from the truth.
After all, you are the one who was injured due to someone else’s negligence. Your life has been turned upside-down. Therefore, you are the person who has so much at stake when trying to get some compensation for your injuries as well as for the ill effects that injury has had on your life. Therefore, you, with your attorney, need to take control of what happens with your case.
As I have said so many times, before even thinking about suing for negligence, at the very scene of the accident, you need to be proactive, if you can. Assuming you are physically able to, you must survey the scene to look for any witnesses. Then, you must ask each witness what he/she saw, and take their contact information. If you have your smart phone, remember to take as many photographs of the accident as you can. And, most important, absolutely make sure the police and ambulance have been called, and absolutely get in the ambulance so you can be checked out by a medical professional.
You might not think you are badly hurt, but all is not always they way it seems. As you may recall, we also have discussed, many times, the danger of a traumatic brain injury which is not always obvious until diagnostic tests are done and reveal a problem. Get checked out. Never, ever just leave the scene of an accident.
Once you have been examined and diagnosed and doctors confirm you have an injury, make certain to find good doctor(s). That means doing a little more research than just taking a recommendation from your neighbor. It means searching for experts in the field. In a personal injury case, so much depends upon the qualifications of your doctors that choosing one is one of the most important decisions you can make.
Keeping Tabs On Your Condition
When you begin treating with a qualified doctor of your choice, make sure to be perfectly honest during your appointments. Just like every other part of this arduous process, you do not want to embellish or exaggerate; but you also do not want to deny any symptoms you may have. Total honestly is crucial.
And, you will need to keep track of your doctors’ appointments, get to know exactly what your doctor says about your progress, if anything, and ask for the results of each and every diagnostic test he/she has ordered. If you don’t understand something, ask questions. And make sure to try to keep all of your appointments.
On your end, you should keep a journal on your condition. Note any decreases in function as well as any improvements. If there are things you do in your everyday life that you can no longer do, make note of it. Your personal injury attorney will need that information down the road.
Do Not Speak With The Insurance Company
Just another reminder that the insurance carrier, no matter how friendly they seem to be on the phone, is definitely not your friend or ally. Should an insurance carrier agent call you and attempt to engage you in any conversation about anything, refer him/her to your attorney. That is why you have any attorney. Keep in mind that whenever an insurance carrier representative has any conversation with you, your doctors or your lawyer, that representative records every word that is said. Every word. If he/she catches you on a day when you’re not feeling well or you’re frustrated, you very well could say something that could be misinterpreted which can harm your case. Leave all of that to your attorney. No insurance carrier has your best interests at heart. They are big corporations whose only goal is to avoid paying out personal injury claims.
They Could Be Watching
In a personal injury case, it is very common for an insurance carrier to surveil you. There is no need to become paranoid, but you should be aware. Many times, when a person is injured, she will attempt to do all the normal things she always has done such as go grocery shopping and unload bags that are too heavy, or do some yard cleaning because it needs to be done, Don’t do it. First of all, any heavy lifting likely will further exacerbate your injury. Second, a private investigator could be watching you. Although many times personal injury attorneys can power through some incriminating videos, overdoing it is never a good idea. It presents one more hurdle for your attorney to have to climb.
When you have a personal injury case pending, you must always be aware and remember, so much is up to you.
