Posts Tagged ‘Arbitrator’

Personal Injury Attorney Reveals Secrets For Your Auto Accident Injury Claim

January 28th, 2010



In my experience representing thousands of injured victims, I believe that there is no such thing as a “perfect” case. Each one has its challenges to overcome and requires hard work no matter the size. Here are some secrets that insurance companies don’t want you to know because they are hoping that you will commit one or more of these mistakes.

• SECRET 1. Get enough information at the accident scene. Failing to get all important information at the accident scene can virtually ruin your case. If you don’t get names and addresses of the people involved, it puts you at a significant disadvantage in trying to determine fault and figure out what insurance might be available. If you fail to get the correct information about one of the cars involved while you are standing at the scene of the accident, you may never be able to get it again! Also, sometimes a surveillance camera will record the incident, or a 911 tape will be made. These tapes are often recorded over and the evidence forever lost within days. Therefore, the sooner someone investigates the accident, the better. The more time that goes by, the more evidence disappears, never to be found.

• SECRET 2. Do not wait to see a doctor. If you are hurt, you need to see a doctor. Period. As discussed earlier, all injuries caused by the accident must be proved with evidence. This requires a medical provider documenting your symptoms and recommended treatment. If you delay seeking treatment or help from a medical professional, it suggests that you weren’t hurt and raises a question to the insurance company of whether you were injured at all.

• SECRET 3. Do not exaggerate your symptoms. One of the most important factors in your case is how you present as a witness. Will the jury or arbitrator believe you and what you say? Your story has to be supported by the evidence in your case. Usually that means that your complaints are in line with the opinions of your treatment providers. Otherwise, the jury may decide that you are faking or exaggerating. A jury will be particularly harsh to a plaintiff whom they perceive to be a “whiner” or who is playing them for money.

• SECRET 4. Be totally honest with your attorney. Nearly every aspect of your life will be examined once you make a claim for bodily injury. This includes your work history, your medical history, your lifestyle, your background, and family life. Your attorney needs to know everything-the good, the bad, and the ugly. I can’t protect you from something unless I know about it. The time to find out about a blemish in your work history or a criminal conviction you had is not when you’re being deposed or at examined at trial. It is vitally important that you are upfront and honest with your attorney. A defense attorney will mine for details during discovery and the information will likely come out at some point. The insurance companies have endless resources to find out everything about you. Your attorney will be able to deal with that past firing or other challenge as long as he or she knows about it.

By: Jason G. Epstein