At Clark and Steinhorn, LLC we often meet new clients who have attempted to " represent" themselves only to learn that the at-fault driver's insurer doesn't see their claim the way that the victim of the crash does.
Many times the at-fault insurer doesn't think their insured was at fault in the first place but is happy to have the injured person provide them information such as recorded statements or medical records which they can twist into a more concrete defense against legal responsibility.
We have helped many of these people overcome their own mistakes and receive fair compensation but sometimes the damage has been done and it is too late to salvage the case.
AS a consequence we offer these five recommendations in order to avoid a bad ending.
1). IMMEDIATELY DOCUMENT HOW THE CRASH HAPPENED.
This is many ways the hardest one but it is also one of the most important. If you are in a crash while at the scene, once you have recovered your wits, immediately document how the crash happened through pictures and witnesses. You may have been stopped at a red traffic light when you were rear-ended and the at-fault driver may have come up to check on you and apologize but later once their liability insurer has spoken to them, at-fault drivers often recant and if there is no photographic or witness evidence it can become their word versus your word.
2). FIND A GOOD LAWYER WHO HAS EXPERIENCE WITH ACCIDENT CASES.
I know it is self-serving but lawyers who have done this successfully on a sustained multi-year basis have seen it all and have formulated strategies for problems that frequently crop up.
For example, insurance companies routinely freak out about gaps in treatment or loss of income claims that aren't easily determined by traditional pay stubs and letters from employers. There are ways to deal with these things but they may not be obvious to injured victims or inexperienced lawyers.
3). DON"T TALK TO THE AT-FAULT DRIVER"S INSURANCE COMPANY
They aren't talking to you to see how you are doing but rather to ferret out information on how you contend the crash happened or what injuries you might have suffered that aren't well documented. The insurance companies make billions by subverting the claims of crash victims. That is why you need a lawyer so necessary communication about for example your property damage can be addressed without sabotaging your personal injury claim.
4). GET THE MEDICAL CARE RECOMMENDED BY HEALTHCARE PROVIDERS
Many crash victims tire of the inconvenience of going to physical therapy or cringe at the thought of an MRI but failure to follow through on prescribed treatment or diagnostic tests, aside from hindering your recovery can also lead to the at-fault insurer and their hired gun doctors suggesting that your continuing symptoms are a by-product of your failure to follow medical orders.
5). DOCUMENT EVERY EXPENSE, EVERY BIT OF LOST TIME AND EVERY MEDICAL BILL
Just because you couldn't do that side hustle ride share driving or hair-styling, it doesn't mean that the insurer and for that matter jurors will see fit to pay you. If you don't declare it on your taxes you better have documentation of who's hair you were supposed to style and what they typically pay you.
Similarly, the expenses and medical bills you incur along the way are important to you and if you had enough sense to hire a good lawyer.
WE cover all of this and more in our book Seventeen Secrets and its free to download. Good luck.
