Frequently Asked Questions in Personal Injury Cases

Q. Can I represent myself?

Acting as your own counsel is certainly not advisable. Qualified legal representation brings knowledge, skills and experience to the table. Many cases require specialized knowledge about issues with which a lay person may not be familiar.  For example, in an automobile accident case, signing a release for your Property Damage claim could result in you not being able to go forward with your Bodily Injury claim.  Before you even fill out an insurance form, or file a complaint  you should talk to a lawyer first!  

Q. Should I wait to see how the case is going before I decide to hire a lawyer?

When you hesitate in making an insurance claim you run the risk of losing valuable documentation, missing important time deadlines, and letting evidence go stale.  By waiting, you can short change yourself and damage your chances for recovery. Consulting with legal counsel immediately allows you to consider every possible option of a case.  

Q. Do I have to tell my attorney everything?

If you fail to communicate with your attorney, you are risking the outcome of your case.  Your attorney must be prepared for every issue that could arise during your case.  Because your attorney is bound by law to hold the information you discuss in strict confidence, you need not worry about the information falling into the wrong hands or it being used against you. 

Q. What is involved in preserving evidence and keeping a record?

If you have been in an accident, someone has already started a record of the events. There was a police report, hospital records and Physician notes. Being evaluated by a Physician following an accident will insure a preliminary diagnosis and perhaps minimize the discomfort that may follow 24 to 48 hours later. Be very aware of every ache and pain - from tingling fingers, dizziness, headaches, etc. all of which may be symptoms of a serious injury. Communicating these concerns, no matter how small you feel they may be, helps maintain a record of events. Keep receipts of everything. Keep a diary that outlines what days you missed work or time spent on medical treatments. Keeping a record of the harm you suffered will be of great assistance in recovering damages in your case.

Preserving evidence is critical to your case. Immediately photograph and have someone take physical custody of whatever was involved in causing your injury. It should be locked up in a storage area you control.
 
 Q. Should I take photographs

Yes!  Even if the police have taken photographs, please make sure that “you” have good photographs of your damaged property before it is repaired.
   
Q. How should I photograph my injuries?

Your injuries should be documented as early as possible after an accident has occurred.  And, taking photos over a period of time shows the progression of treatment, medical equipment necessary, the healing of scars and bruises. In the case of severe injuries (burns, etc.) a videotape can capture the pain and discomfort associated with the injuries.   If you are in the hospital, it is important that photographs to be taken of you in your disabled condition in the hospital or during physical therapy.  If your injuries require a cast, brace, traction or other device, save them.  Also, keep any blood stained or ripped clothing. Do not throw anything away.  Be certain to take these items to your attorney after you are no longer using them.  They can be important pieces of physical evidence to be used at trial, if one becomes necessary. 

Q. Should I give a statement to my insurance company?

You should not talk to ANYONE until you talk to an attorney first.  You may be required to talk to your insurance company, however, you should get approval from your attorney before doing so.  Your own auto or health insurance company may seek to obtain harmful information from you that may be used against you.  The at fault driver’s insurance company may try to mislead you by getting you to make a statement without your attorney present and/or record conversations with you without your permission and may use unfavorable statements you make against you.

Q. How will my medical bills and expenses be paid? 

If you have medical payments coverage, your automobile insurance company, should pay your hospital and doctor’s bills up to the limits of coverage under your automobile insurance policy.  You should deliver to your attorney the declarations sheet and the actual policy of your automobile insurance company.  If you have health insurance coverage, your providers may bill your insurance for companies, however, your auto and health insurers may have a contractual provision that you have to reimburse them to the extent you receive money from the at-fault driver. 

Q. What else can I do to document my claim? 

Keep a diary of events and complaints.  Please keep a daily or weekly diary of the events of your case and any complaints that you have because of your injuries.  The primary purpose of the diary is for you to communicate directly to your lawyer.  For example, an activity that you were able to perform before the accident that you either can no longer do or can only perform with difficulty, should be written in your diary.