Injuryboard Commentary - Question of the Day

Question of the day: Don't Be Afraid To Ask Your Question

Mike Bryant — Tue, 30 Jun 2009 09:46:00 GMT

During the month of June, I have been addressing common questions that get asked in our practice. Today's Question is really advice: Don't Be Afraid To Ask Your Questions.

It is imperative to the attorney client relationship that you ask the questions that you have. If you are at home- write them down and call when you need to. There is nothing like information that would have help the case but for some reason was never asked about. Always keep in mind, that you hired the attorney. It's not the other way around. So if you have a question make sure you get it answered.

These questions and answers were not intended to replace a consultation with an attorney, nor do they take into consideration facts that may differ about your particular case. Here at the Injuryboard, we have experienced attorneys who can deal with your individual questions and best help you with your case. Feel free to get the help you need by contacting one of us.

Originally posted at InjuryBoard by Mike Bryant

Question of the day: How Do I Not Become A Defendant?

Mike Bryant — Mon, 29 Jun 2009 09:39:00 GMT

During the month of June, I am addressing common questions that get asked in our practice. Today's Question is: How Do I Not Become A Defendant?

In the past I have received phone calls asking me if there was potential liability if a certain situation came up. Listening they usually come from people trying to do the right thing and who have in the past been involved in a lawsuit or at least been around one. They almost always involve the caller making money off the activity.

The call basically goes like this. I'm thinking of doing this venture, would I get sued if someone gets hurt? In answering the question , I often start with a maybe. Depends on how badly a person is injured. If they are killed or kill someone else and your activities contributed to that happening it is highly likely that you will be included as a defendant. Same thing if a serious injury is involved. Seems like most callers expect that answer or at least were concerned enough about it to make the call.

Next I spend time on what it is that they are doing to make sure that kind of tragedy is avoided. It surprising how little time seems to have been spent on the proactive side of prevent the future problem. This part of the conversation can move to a good exchange as they begin to come up with ideas of protecting the customer from injury and themselves from resulting liability.

The call will usually end with how they were sued this way in the past or heard of a case where this happened. I believe this is evidence we've gotten to the point of discussing the real reason they called. I do my best to sort through the tort reform myths that can be added to their explanation. And hopefully help them think through the potential future problems. In a couple of cases I've had these same people later call back with cases of their own, mainly because I was the only lawyer that talked to them with their first question.

Reviewing the calls the analysis is usually broken down as:

1) Is the danger realistically likely to happen?

2) what can be done to make sure it doesn't happen?

3) What is the concern that is the basis for the call?

These questions are not intended to replace a consultation with an attorney, nor do they take into consideration facts that may differ about your particular case. Here at the Injuryboard, we have experienced attorneys who can deal with your individual questions and best help you with your case. Feel free to get the help you need by contacting one of us.

Originally posted at InjuryBoard by Mike Bryant

Question of the day: What if the insurance company sends me to their doctor?

Mike Bryant — Fri, 26 Jun 2009 08:40:00 GMT

During the month of June, I am addressing common questions that get asked in our practice. Today's Question is: What if the insurance company sends me to their doctor?

If you are sent for an adverse, or what they call an "independent medical examination," you need to talk to someone who is skilled in that area of the law. These doctors are routinely hired to see lots of people and often come up with many of the same answers. It is important that you know what you are required to do in these examinations, as well as what the doctors are not allowed to do. There are horror stories of people being injured in these examinations, forced to do things they are not required to, and being verbally abused.

On the other side, on occasion, there are some doctors who come off as being very friendly. Clients are later shocked to find out how negative the report is compared to the nice doctor who examined them. You need to keep track of how long you are with the doctor, what happens during the examination, and if there was anything strange or unusual that came up. It is also helpful to review the report with a knowledgeable attorney in order to ensure that all the basic information was taken down correctly.

Originally posted at InjuryBoard by Mike Bryant

Question of the day: Should I give a statement to the insurance company?

Mike Bryant — Thu, 25 Jun 2009 09:27:00 GMT

During the month of June, I am addressing common questions that get asked in our practice. Today's Question is: Should I give a statement to the insurance company?

Some insurance contracts do require it. If it is required by your contract, the answer in many cases is going to be yes. The difference that can be made by you being represented is how well you are prepared for the statement, as well as being able to have someone there with you to represent you. It is clear, when the adjusters are calling to get these statements, that they are doing it to limit their own liability and in many cases limit what it is they are going to eventually pay. By being the ones asking the questions, they control what information is obtained. It is not unusual, when we represent someone giving a statement, that we make sure additional questions are answered. We also have experienced enough of the importance of certain questions to have properly prepared you to answer these questions. Just like not signing anything, you should not consider giving a statement until you first talk to an attorney. The initial consultation is free, and can give you a better idea on the importance of what is about to happen.

Originally posted at InjuryBoard by Mike Bryant

Question of the day: How should I fill out forms?

Mike Bryant — Wed, 24 Jun 2009 09:33:00 GMT

During the month of June, I am addressing common questions that get asked in our practice. Today's Question is: How should I fill out forms?

You should always tell the truth. Keep in mind that these forms are very important and will be looked at by adjusters, defense attorneys, and even potential jurors someday. Thus, sloppy and/or incomplete answers can play a big role in your case later on. As with signing anything, we always suggest that you consult with a skilled personal injury attorney before filling forms out for the insurance company. With your own doctor, you may want to ask them what exactly they are asking about before you fill out long questionnaires. These are very important answers, and need to be taken seriously.

Originally posted at InjuryBoard by Mike Bryant

Question of the day: Why do I sign so many authorizations?

Mike Bryant — Tue, 23 Jun 2009 09:16:00 GMT

During the month of June, I am addressing common questions that get asked in our practice. Today's Question is: Why do I sign so many authorizations?

Different medical providers often require different authorizations. Due to changes in the HIPAA law, many medical providers have come up with their own types of authorizations which over various areas of that law. Further, there are limited authorizations which we give the other side. It is not uncommon to see a new client come in with authorizations that their insurance company originally provided to them. The difference with our authorizations is they limit what it is that the other side is able to obtain and also most important limit or prevent the other side from talking directly to your doctors. We have seen cases where contact with the doctors of unrepresented clients has significantly affected not only opinions, but also an individual’s claim dramatically. This is probably one of the most significant areas where hiring a skilled and knowledgeable attorney makes the most sense.

Originally posted at InjuryBoard by Mike Bryant

Question of the day: What is my case worth?

Mike Bryant — Mon, 22 Jun 2009 09:10:00 GMT

During the month of June, I am addressing common questions that get asked in our practice. Today's Question is: Who in your office has access to my file?

In most cases, it is the individuals who are working on your file. While we do have a file room, we have enough other cases that very few people are actually involved with the actual management of your case. As your attorney, I will always have access to your file, and will make myself available to either personally talk to you or have a phone conference. We also have paralegals working on each case who deal with the day-to-day case management, and the answering of non-legal questions. There are individual staff members who are involved in the production of letters, filing, and communications with others in the office. If you have any issues concerning the treatment of your file, those are good things to bring up at the initial consultation.

Originally posted at InjuryBoard by Mike Bryant

Question of the day: Who will find out about my case?

Mike Bryant — Fri, 19 Jun 2009 09:57:00 GMT

During the month of June, I am addressing common questions that get asked in our practice. Today's Question is: Who will find out about my case?

That question depends on a lot of different things. If your case ended up going to trial, it would be out in the open and anybody who did an internet search or went to the courthouse, could find out that you had a case. But before the case is actually filed, there are very few people who are involved. The defendant usually finds out about the case when they receive our initial letter. This does not need to be done if we know who the insurance company is already. The adjuster for the case will know what is going on, along with their supervisor most likely, but the reality is that you are just one of many. Some Insurance companies will register claims with the Chicago Index. Our law firm does not talk about our individual cases with anyone other than the people who you authorize us to speak to. The individuals you see as part of your care will also know things regarding your case. If you have any concerns about privacy, you should bring up those issues at your initial consultation. It is not unusual to have a client who requests certain personal issues not be disclosed unless absolutely necessary.

Originally posted at InjuryBoard by Mike Bryant

Question of the day: When should I talk to an attorney?

Mike Bryant — Thu, 18 Jun 2009 09:54:00 GMT

During the month of June, I am addressing common questions that get asked in our practice. Today's Question is: When should I talk to an attorney?

We usually suggest as early as possible. Once you have gotten through the initial issues of an accident and have seen the doctor, you have a start to the whole picture of what has happened to you. The insurance companies get out quick and will attempt to get ahead of you as far as investigation goes. It is important that you not sign anything, nor give up any of your rights until you have had a chance to talk to someone knowledgeable who represents individuals with your same issues.

Originally posted at InjuryBoard by Mike Bryant

Question of the day: What should I do if I am charged with a crime?

Mike Bryant — Wed, 17 Jun 2009 09:48:00 GMT

During the month of June, I am addressing common questions that get asked in our practice. Today's Question is: What should I do if I am charged with a crime?

You should always talk to an attorney. We will talk to people without a charge for the initial consultation. It is important that the police report be reviewed, and all the facts be covered to see whether or not you should have been charged, or if you were charged under the right law. It is a chance to get your basic questions answered, and to review what the penalties are, whether they be jail time and/or fines. The more severe the charge, the more important it is that you talk to someone knowledgeable about what can be done.

Originally posted at InjuryBoard by Mike Bryant