Dos and Don'ts for Clients
In most cases, the individual or company responsible for your injury will have all the resources of an insurance company and perhaps others, including investigators and attorneys, working on their behalf from the moment the incident occurs. These individuals will investigate the circumstances surrounding your injury and do everything necessary to limit or prevent you from obtaining just compensation for your injuries.
Whether it is Cash, Krugler & Fredericks, LLC, or another personal injury law firm, we strongly advise you to contact an attorney as soon as possible after an accident or incident occurs. In almost every case there are a number of steps that have to take place immediately after a personal injury. An attorney experienced in personal injury litigation will know when and how to take those steps. These include:
- Interviewing witnesses
- Gathering and preserving physical evidence
- Obtaining photographic/videographic evidence
- Hiring experts or investigators
- Contacting insurance companies
It is vitally important that you take certain steps to protect your rights. The following information is provided to assist you in protecting your claims and to help prevent insurance companies and others from damaging your case.
1. Don't Discuss Your Case with Insurance Companies or Their "Investigators"
After an accident occurs, particularly automobile or trucking accidents, you will be contacted by a representative from the at-fault party's insurance company or its investigator. They may inform you that they are merely gathering information about the incident or claim and that you "need" to talk to them in order to evaluate the claim. DO NOT DISCUSS THE INCIDENT OR ANYTHING ELSE WITH THESE INDIVIDUALS. You are not required to provide information or give a written or oral statement to an insurance company or investigator who represents the party that injured you, despite what they tell you. If such a person contacts you, inform them that you will not discuss anything with them, but that if they provide you with their name and phone number you will have your attorney contact them directly.
Note that this rule does not apply to your own insurance company. Under most policies issued in Georgia, you have an obligation to cooperate with your insurance company, and that includes providing them with a statement about the incident. However, you have a right to have your attorney present or to consult with your attorney before giving such a statement, and we strongly encourage you to do so. Unfortunately, insurance companies often take your statements or words out of context and try to manipulate what you are saying to their benefit. The best policy is to seek the advice of an attorney before discussing this accident or incident with anyone.
If law enforcement wishes to obtain your statement, we also strongly advise you to consult with an attorney before doing so. In certain circumstances, you may be exposed to the possibility of criminal charges, even if you do not believe that you were responsible for an accident.
2. Don't Sign Anything Without Consulting an Attorney
In an effort to take advantage of injured victims of accidents, insurance companies and others will often try to get you to sign releases or waivers after you have been injured without fully explaining the effect of the document. As a general rule, you should never sign any document about an accident or incident until you have consulted with an attorney so that the document can be carefully reviewed and explained to you.
3. Generally, Do Not Try to Negotiate with an Insurance Company or At-Fault Party Without an Attorney
Whenever someone has been seriously injured, it is imperative that you consult with an attorney before trying to negotiate a settlement with an at-fault party or their insurance company. Often times, victims of accidents will attempt to negotiate with an insurance company before consulting an attorney because they believe an attorney will cost too much money and that they can recover more on their own. In general, this is a dangerous misconception.
Almost without exception, an insurance company will refuse to pay the full value of your case until an attorney is involved who will thoroughly evaluate the responsibility of those who have injured you and the extent of your past and future damages. Often times, additional medical care will be needed in the future, and experts may be needed to evaluate the costs of this treatment. In addition, your ability to return to work may be affected by an accident, and you are entitled to recover for any future lost wages that you may incur.
Without the advice of an attorney, you will be at a significant disadvantage when dealing with an insurance company or its insured, and the best protection is a skilled and professional attorney. Negotiating with an insurance company before consulting with an attorney can hurt your case in a number of ways. First, information may be provided to the insurance company which should not be given. Second, the insurance company will try to discover how much you believe the case is worth, when that evaluation requires significant study and examination based upon the nature of the injuries and the misconduct of the at-fault party. Finally, the insurance company will often try to take advantage of the fact that you do not have an attorney by offering you significantly less that you deserve, and stating that no more can be offered.
Our primary concern for everyone that contacts our firm is to ensure that they receive just compensation for their injuries. Whether you decide to hire our firm to represent you or not, we strongly encourage you to contact an attorney before discussing or negotiating your claim with anyone.
4. Document/Photograph Important Evidence
When a serious injury occurs, there are often many issues that require immediate attention of the victim and their family: medical treatment and recovery, medical bills and expenses, lost time work, etc. It is important, however, that someone -- a friend, a family member -- try to take responsibility for documenting the immediate effects of the accident for use down the road. In most cases, the immediate injuries from an accident will heal over time. Trying to convey the seriousness of the injuries to a jury months or years later without photographs or video is an extremely difficult task. In addition, photographic evidence of property damage, vehicles, accident scenes, etc. are of vital importance to your case.
We therefore advise victims of accidents to photograph or otherwise document physical injuries and other evidence as quickly as possible after an accident occurs. While a friend or family member may have the ability to collect such evidence, the best practice is to have this done professionally. The professional photographer or videographer brings their own lighting equipment and they utilize state-of-the-art equipment to ensure the best possible results.
Cash, Krugler & Fredericks, LLC utilizes the services of companies that specialize in obtaining photographs and videotape of injuries, accident sites, damage to vehicles and other evidence. These companies will travel to hospitals, homes or anywhere necessary to document this evidence for use at trial. In the event that you retain our firm to represent you, the cost for these professionals is advanced by Cash, Krugler & Fredericks, LLC.
In order to obtain timely photographs or video of injuries or evidence, we must be contacted as soon as possible after an accident occurs. Most times, we can have our professionals at the scene or in a hospital within 24 hours to ensure that the evidence is properly preserved.
5. Write Down Important Information, Names, Dates, Times, Events, etc.
Whether you have been injured as a result of medical malpractice, an automobile accident or as a result of some other wrongful conduct, it is important that you record information about the event that you are likely to forget months or years later. In many instances, you will not be called upon to testify about the accident or incident for a long period of time after it occurs. Names, times and dates, events and statements often blur with time. These facts are often the most important pieces of evidence in a case.
Ideally, we prefer to be contacted about a case immediately after it occurs, when the events are still fresh in everyone's memory. In cases where that happens, we are able to meet with each of the witnesses quickly and obtain statements about what happened, when it happened, who said what, etc. However, if you choose not to meet with an attorney immediately after an accident, we strongly advise you to record important information so it is not lost.
6. Save Important Documents
Depending on the type of case you have, there may be important correspondence or other documents that you have that must be kept and preserved. Some examples include:
- Medical bills
- Documents from doctors and hospitals
- Letters from individuals responsible for your injury
- Letters from insurance companies
- Emails or other correspondence from witnesses
- Police reports or witness statements
- Hand written notes
Each of these documents should be kept together in a safe place. Make sure that the folder or box containing these documents is well marked and that access to those documents is limited. Ensure that you store these documents in a location that is easy for you to remember and get to, and let someone close to you (spouse, parent, etc.) know where these records are kept.
In the event that you choose to meet with one of our attorneys, we will ask that you bring all documentation with you to the Intake Meeting at our office. More often than not, we will retain the original documentation and return copies to you for your files.
|