Injured? Helpful Information

IMPORTANT INFORMATION YOU SHOULD BE AWARE OF FOLLOWING AN ACCIDENT, AND A FEW HELPFUL SUGGESTIONS.

It is absolutely essential that you pay close attention to the very strict standards of proof required to establish your claim for your injuries, medical expenses, and any other losses which you sustained. Each item of a claim must be provable in court by eyewitnesses with first-hand knowledge and by original documents and receipts.

Carefully and completely document each item of your claim. This will make it easier to settle because it will convince your opponents that you will successfully prove the claim in court if they do not settle with you. Any signs of weakness in producing the necessary proof hurt your chances to bring the matter to a prompt and acceptable settlement. Remember that your opponents will want to minimize all of your claims. They may try to infer that the accident was not serious enough to have caused the injuries you sustained in the accident.

Do not discuss the accident with anyone and do not give a statement to anyone. Remember that someone calling you on the telephone may or may not actually be who he says he is. Should anyone contact you regarding this accident, simply refer that person to your attorney.

It is a good idea to keep a diary for medical information. If it becomes necessary for you to explain in court, in a year from now or even longer, what you went through as a result of this accident, a detailed diary with dates, times, and explanations will be very valuable to you. It is also an excellent way to document your claim for settlement purposes. If you suffer specific periods of pain, stay awake at night, or have to miss outside activities, it is important to note this in your diary. Also note all of your medical expenses and furnish your lawyer with the original receipts and paid invoices.

Your doctor’s report is crucial to the success of your claim. It is important that your doctor, in his reports, sets forth all of the symptoms that you have had and continue to experience, and that he describes the pain, the suffering, and loss of work resulting from the accident, expresses an opinion on future pain and suffering and clearly relates that all of the symptoms and treatments are caused by the accident in question. Sometimes, clients’ cases are delayed for weeks while waiting on the doctors’ report. When your medical treatment has progressed to the stage that the report with the necessary detail and conclusion can be obtained, then a request for same can be made of your treating physician. If the report is not received in a reasonable time from the request, call periodically in an effort to prevent unnecessary delay. You can do your part by describing in detail any symptoms, pain, and inability to participate in activities which you might suffer. After making the request for the report, when you see your doctor again follow up on that request and tell him that his promptly getting that report to you would be of great help. When doctors understand that the report they are writing is essential to their own patient rather than simply a report that some lawyer would like to have, it gets a little better spot on their priority list. Once you have obtained medical bills and a conclusive medical report, you will be in a good position to attempt serious settlement discussion.

An attorney can research the range and average amounts of settlement and verdicts reached in cases similar to yours. If my office is representing you, I will attempt to estimate the value of your particular case by evaluating the average figures in view of the particular circumstances of your case. Based upon this, I will recommend a range of settlement amounts that I think are advantageous to you. If I can receive a settlement offer near our projected value, but I feel that you should accept it because of the possibilities of losing everything, which is always present in any case which goes to trial, then I will so advise you. If a settlement can be reached for a reasonable figure, it is usually best to take the settlement and bring the matter to an end. Of course, if the other party does not negotiate in good faith or their best offer is far below the acceptable range, then I will vigorously prepare to bring the matter to trial while still keeping the avenues of settlement open.

Provide your attorney with a copy of the accident report, all of your medical receipts and reports, your insurance coverage, i.e. limits, uninsured motorist, medical payments, etc., and provide him with any and all photographs pertaining to your accident, which you may have in your possession, at your earliest convenience.

Should you have questions or if I can be of service to you in any matter whatsoever, call me.

PREPARING THE CLIENT/WITNESS FOR DEPOSITION

Scope of Coverage: The following are general instructions that are helpful for deposition witnesses. Certain portions, however, are applicable only to a witness who is to be questioned about his or her personal injuries. While the attorney should want to personally review the facts of the particular case with the witness before deposition, there is no reason why these common or general client instructions cannot be accomplished through an audio or video cassette briefing, by a legal assistant or even through the use of these written instructions. See the "Checklist to Prepare Client/ Witness for Deposition" for a quick reference checklist, without detailed explanations, to aid in your personal preparation of a client or witness for deposition.

INSTRUCTIONS TO CLIENT/WITNESS

WHAT IS A DEPOSITION?

A deposition is the taking of oral testimony of a party or witness under oath before trial. A court reporter will be present to record the lawyers' questions and your answers which will later be typed in the form of a booklet. The deposition may also be video taped.

THE USE THAT WILL BE MADE OF YOUR DEPOSITION.

Your conduct and appearance as well as your answers will be used by the attorneys to evaluate the case before trial and, as such, is a settlement tool for both sides. In the event of trial it may be used as testimony or it may be used for impeachment on cross-examination to try to discredit your testimony by showing that it is inaccurate, untrue and is something different than what you said on other occasions.

OPPORTUNITY TO REVIEW AND CORRECT DEPOSITION.

Although you will have a chance to review and make corrections to your deposition, a lot of corrections would seriously undermine your credibility. Therefore, you should try to avoid the need for any later changes. If it occurs to you during the deposition that you have made a mistake, immediately inform the attorney questioning you, and correct it then and there.

DRESS AND APPEARANCE.

Your dress and appearance will affect the other side's evaluation of the appearance that you will make before a jury, so it is important that your dress be appropriate to your position in life, especially if the deposition notice calls for the deposition to be video taped.

GENERAL DEMEANOR DURING THE DEPOSITION.
a. Sit up straight
b. Avoid unnecessary gesturing
c. Speak up
d. Do not nod your head for an answer
e. Do not chew gum
f. Do not smoke
g. Do not lose your temper
h. Be courteous
i. No joking or wisecracking
j. Say yes or no instead of uh-huh and yeah
k. Consider the occasion solemn and avoid getting "chummy" with opposing counsel

NECESSITY OF BEING TRUTHFUL.

The first and most important instruction is to be truthful in your answers. This means not only refraining from telling a deliberate falsehood, but also means being accurate. Do not guess at your answer. If you do not know the answer, admit you don't know. If your memory is weak on a matter but you feel you should know the answer, admit nonetheless that you do not recall.

UNDERSTANDING THE QUESTION.

If you do not understand the question, ask that it be repeated or rephrased. Admit that you do not understand it and ask for an explanation.

LIMITING ANSWERS TO QUESTION.

Do not answer beyond the question being asked. Do not try to anticipate the "line of questioning". After you have answered the specific question, stop talking and wait for the next question, even if the lawyer pauses as though waiting for additional explanations.

VOLUNTEERING INFORMATION.

Many favorable parts of your case may not be gone into. Don't feel compelled to volunteer the information. Your case is not being tried; only your deposition is being taken. If you are asked if you have the time, the proper answer would be "yes" or "no". If you respond by telling what time it is, you would be volunteering information. At the time of your trial your attorney will fully develop all the favorable matters.

DO NOT EXAGGERATE.

Do not exaggerate either your complaints or any point that you are trying to make. It will invariably be turned around and used against you. When questioned about injuries to various parts of your body, freely admit the parts that are not injured. But do not fail to state your true and legitimate pains and problems. This is not the place to be brave about all your injuries either. Be truthful.

PERSONAL BACKGROUND WILL BE EXPLORED.

While many such matters will not be admissible in trial, the opposing attorney is nonetheless entitled to inquire on deposition about such personal things as:

1) Marital History
2) Educational Background
3) Religious Affiliation
4) Employment History (Including Reasons For Changing Employment)
5) Personal And Family Income
6) Previous Residences
7) Any Arrests Or Criminal Convictions
8) Driving Record

PREVIOUS CLAIMS OR LAWSUITS.

Generally the only way a previous claim or lawsuit might become admissible at trial is for you to fail to make a disclosure when asked about them on your deposition. That can cause serious problems later. Be certain to discuss this with your attorney before your deposition.

QUESTIONS REQUIRING SPECIAL CAUTION.

- Questions that assume a fact.
This is the old "when did you stop beating your wife" question. Many questions innocently asked may mistakenly assume a fact you don't agree with. Be alert to such an assumption on the part of the lawyer asking the questions and promptly advise him that you cannot answer the question asked in that way.

- Questions in the alternative.
Sometimes a question is asked in the alternative such as "Was the traffic heavy or light". Such a question assumes it is one or the other and in fact it may be somewhere in between. A question such as "was it blue or green" denies any other alternative and can thus be misleading to the witness.

- Paraphrasing by the lawyer.
Some attorneys attempt to summarize a witness' testimony on a particular subject and repeat it back and ask the witness if that is what he is saying. It is rarely summarized exactly as you said it, and just a missing word or two can make a big difference. Listen carefully to such restatement of your words and resist giving an unqualified "yes" when you are asked if that is what you have said.

- Time, speed, distance questions.
Rarely can an accurate estimate be made of time, speed and distance in an event that occurs in a split second such as an auto collision. Be sure your estimates are reasonable if you are able to estimate. If your estimate is a very rough estimate, say so. If you can't make an estimate, say so. Bad estimates can be used against you very effectively, so be very careful.

WHO HAVE YOU TALKED TO ABOUT YOUR CASE?

Do not be defensive and guarded if you are asked who you have talked to about your case. It is perfectly natural and proper to have discussed your case with your attorney, family and similar people. It is equally appropriate that you might have visited the scene of the collision or other event with your attorney, reviewed the deposition questions beforehand, or looked at photographs and the police report of your collision and even have taken measurements and viewed photographs or videotape.

PREVIOUS WRITTEN STATEMENT.

If you have previously given a written or oral recorded statement about how you were injured to the other side, you can expect to be questioned about it.

SKETCHING A DIAGRAM OF THE SCENE OF THE COLLISION.

You may be asked to draw a diagram of a collision or other scene. It will be helpful to have visited the scene to orient yourself and refresh your memory on details and distances. Again, bad diagrams can be used against you very effectively, so be careful.

OBJECTIONS TO DEPOSITION QUESTIONS.

Never ask your lawyer during the deposition "Do I have to answer that question". If the question is objectionable (which is rare in depositions), your attorney will object without your having to ask.

QUESTIONS BY YOUR ATTORNEY.

In most cases your lawyer will not have any questions to ask you. If erroneous information or impressions have been given during your testimony, your attorney may decide to correct the record, but that is about the only reason for such questions by your own lawyer.

QUESTIONS CONCERNING THE MANAGEMENT OF THE LAWSUIT.

The opposing attorney may ask whether you are willing to be examined by a doctor of their choice, sign an authorization permitting them to obtain tax returns, etc. These questions are more appropriately addressed to your attorney, and while you may want to make it clear that you have no objections to doing so, your answer should be conditioned on its being approved by your attorney or simply refer to your attorney for an answer if your attorney has not already spoken up about the matter.


PERSONAL INJURY SUITS - ADDITIONAL PREPARATION


NATURE AND EXTENT OF INJURY. Be prepared to testify what parts of your body were injured, what parts have healed; what has continued to bother you; what you cannot do now that you could do before; the type of pain you are experiencing; how the pain or physical impairment impacts on your work, your family life, recreation, etc. MEDICAL AND INJURY HISTORY. In any personal injury case, you will be questioned about any previous injuries whether or not related to the present injury. Likewise, your complete medical history will be gone into. MEDICAL EXPENSES. While you will not be expected to remember each medical bill or the amount thereof, you should have a general idea of the total sum of the medical bills and the general nature of the services and care which the bills represent. If medical bills have been paid by other insurance or you have a wage continuation plan, such matters will still be gone into even though they are nevertheless legally recoverable damages. MEDICAL CARE AND TREATMENT. You should be prepared to describe the principal doctors who have treated you, the period during which you were under each doctor's care, and whether you are still under such doctor's care or have been released. You will probably be asked who referred you to each doctor. You should be prepared to answer whether your doctor has released you to return to work and, if so, the date, and what your doctors have told you.		PROPERTY DAMAGES. If you had property damage, be prepared to testify about the following: when, from whom and where it was originally acquired; how much was paid in money or other consideration or whether a gift or other free or special acquisition was involved; your opinion of the value of the property immediately before and after the damage; appraisals made before the damage and by whom; what you have done since the damages to care for the property to prevent further damages; present location; storage fees; amount of salvage; repair bids and appraisals after the damage and by whom; why it has or has not been repaired or sold; whether replacement property is agreeable. LOST INCOME. All income and profits lost and to be lost from all sources caused by your injuries are important. Be prepared to give all the details about how, why and the amounts. OTHER DAMAGES. Be prepared to testify about all other actual financial losses you may have or expect to suffer in addition to property (such as automobile, clothing, lost cash and jewelry, etc.), medical expenses and income and profits. Examples would be wrecker fees or expenses to clean clothing or repair damaged watches, jewelry, etc.

Print Version

Send to a friend