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What Can Clients Do to Protect Their Personal Injury Claims?

December 9, 2013 | Category: Automobile Accidents | Share

Scales of Justice - Spivey Law Firm, Personal Injury Attorneys, P.A."Physical recovery is the number one priority of the injured.  However, there are a number of things clients can do to protect their personal injury claims while recovering from an accident," said Attorney Randall Spivey. Spivey Law Firm, Personal Injury Attorneys, P.A. recommends the following ways to protect personal injury claims:

A. Write down everything that happened - As each day passes after an accident occurs, memory fades.  It is important to write everything down while the events may still be fresh in mind.  If the accident was the result of a faulty product, you will need to preserve the product in a safe and secured place, and do not alter it in any way.  If there are any witnesses, their identifying information should also be recorded.

B.  Photograph the scene, if possible - As memory of the events fades, photographs, even taken by cell phones, become important.

C.  Write down any comments which were made - People involved in accidents may make such statements as "I was in a hurry." "I was running late." I didn't have time."  Write down everything that was said by all others at the scene.  These could be important admissions if an insurance company decides to deny coverage.

D.  Follow doctors' orders and keep all appointments - It is important to keep all appointments and follow all doctors' orders.  If you are given exercise programs, you should not only do the exercises, but record them.  Make a calendar with the names of the exercises/stretches down the left column, and the months and dates across the top.  When the exercises/stretches are completed, put a check mark on the calendar.  Be sure to retain copies of the calendars.

E.  Keep a diary of pain and discomfort - Lost wages and medical bills are the responsibility of the defendant; so are pain and suffering and loss of enjoyment of life.  Since it may take time before you are asked to describe the injury's impact on your life, a diary is essential.  On a daily basis, keep records of medications taken, headaches, insomnia, and pain.  If you previously participated in activities, such as golf, dancing, travel, and you no longer can, make sure these are recorded in the "pain and discomfort" diary.

F.  Follow work restrictions from doctors - If you have a work restriction from a doctor, be sure to follow it.  Return to work only when the doctor says it is safe to do so.

G.  Maintain a good relationship with your doctor - If you have a good relationship with your doctor, as opposed to an argumentative one, the doctor would be more willing to help your case with his testimony, instead of only reading his office notes. 

H.  Be cautious of surveillance - The insurance company may hire someone to follow you around to see if you are doing any activities inconsistent with your injuries.  Until your case is settled, do not do outdoor activities; do not work in the yard or wash your car; do not lift or carry; do not play sports.  The best advice is to just avoid all activities.  Even if your doctor told you that you can resume an activity, it could still hurt your case, so it may be best to avoid it so the insurance company does not unfairly use it against you.  If you need to do exercises, you can do them inside the home with no risk of surveillance. Surveillance is not fair because it does not show how you are feeling on the inside. So don't let the insurance company try to get you on surveillance, just avoid all activities until your case is fully settled.

 

Fort Myers Accident Attorney, Randall L. Spivey is a Board Certified Civil Trial Attorney - the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A. in Lee County at 239.337.7483 or toll free at 888.477.4839, or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal injury Attorneys, P.A. in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.

 

 

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