How to Avoid Possible Landmines in Law Suits
No Surprises! – Trust in your Noblesville auto accident lawyer
In the initial client/attorney conference relating to your accident and the resulting injuries, a Noblesville auto accident lawyer will ask you for a factual description of the collision. Your attorney may also question if you were previously involved in an accident and what, if any, medical issues you may have discussed with a physician prior to the accident.
Although you may think the collision you were involved in as a passenger at six years of age, or the muscle spasm you were treated for 8 years ago may seem insignificant to the present claim, it is critical to enlighten your attorney on any and all matters which may be investigated by the defense and presented into evidence at a later date. Any surprises may put your credibility into question and your attorney at a disadvantage.
A complete accounting of the facts and relevant personal history will empower your attorney to get ahead of and mitigate potential threats to your claim— real or imagined. The following is an inventory of information that may assist your personal injury lawyer in their representation:
- A complete description of accident-related injuries and a realistic personal assessment of physician-ordered treatments and results
- History of injuries, illnesses, and treatments before the accident
- Job history
- Annual wages that can be verified with tax returns
- Wage payment method: payroll, cash, or barter
- Prescription drugs, past and present
- History of illegal drug use
- History of arrests and convictions
- Family histories, dynamics, and fallings out in a wrongful death case
Timely Medical Treatment and Missed Appointments
Your claim for injuries, wages, and pain and suffering may be put in jeopardy if you don’t seek immediate medical treatment and faithfully follow-through on your treating physician’s orders. Tort claims for injuries are governed by the principle of mitigation of damages, i.e. every attempt must be medically made to improve one’s health status. The appearance of too many missed appointments or an attempt to heal yourself without medical intervention will hurt your claim.
Social Media Sharing
Charlie Ward, a Noblesville accident lawyer, cautions every client about posting photos or mentioning the accident online. Although you may think your posts are private—between you and your ‘friends’—the courts have ruled that there can be no assumption of privacy as posts may be shared by others. Once posted, you have given up the right of privacy and during the discovery phase of your claim, you may expect defense attorneys to look into your social media profile. Discussion of your accident claim should only be between you and your attorney who will release information at the appropriate time.
Private Investigators Hired by Defense Attorneys
Going against your medical provider’s orders may put your claim at risk. Why? It is likely that the defense attorney has already read your doctor’s notes. Investigators for the defense are sent into the field to build damaging evidence against you. One of the ways an investigator works is by taking photos that shed a bad light on the plaintiff’s claim. For example, if your physician has ordered you not to drive, a zealous investigator would snap a photo of the plaintiff behind the wheel of a vehicle. If the plaintiff has lifting restrictions, again, a private investigator would be happy to capture the violation by smartphone.
Hire An Experienced Noblesville Auto Accident Lawyer To Represent And Guide You In Your Claim
If you have been injured in an accident by a negligent driver, and feel you may have a claim against one or more parties, you should discuss your accident claim with a qualified personal injury lawyer who limits his practice to personal injury law. The attorneys at Ward & Ward Law Firm want to help you navigate your claim. Call the experienced Noblesville Indiana auto accident lawyer, Charlie Ward, to guide you through any potential landmines in your claim for negligence. Call (317) 639-9501 today!