Every so often, we get a call at our office from a person who was involved in a car accident months earlier, and then they get something in the mail from the other party. They are usually surprised because they thought the car accident was ancient history. Sometimes, it's a letter from an attorney who represents the other party and sometimes, it's a formal lawsuit. In most cases, the other party is alleging injury from the accident. Needless to say, this can cause great distress for most people, so here are some things to keep in mind if this happens to you.
First, you should know that a personal injury lawyer is not the person to call in a situation like this. You see, a personal injury lawyer represents people who have been injured in an accident and who are bringing a claim for those injuries. Now, if you are on the receiving end of the claim, then a personal injury lawyer is not going to be able to represent you. However, a personal injury attorney will often be happy to offer you some advice. Next, you need to determine what exactly you received from the other party. Sometimes, people get a letter from the other party's lawyer and assume it must be a lawsuit. If you get a letter in the mail, you should realize that is not a lawsuit - it's only a letter. That being said, you should not ignore the letter. Contact your own insurance company or your insurance broker and let them know about the letter. Then send them a copy of the letter via fax, mail, email, or all three. If you send by email, make sure you get a confirmation from your insurance company that they received what you sent them. If you send by fax, print out the confirmation that indicates the fax was indeed sent and received. Third, you may get served with an actual lawsuit. If this is the case, you will receive a packet of materials. It won't be a simple letter. You will probably see what appears to be lots of court forms stamped by the court. This is known as the "complaint" that was filed against you by the other party. All lawsuits start with the filing of a "complaint." This document makes general allegations, and most are form documents. There may be other papers in this packet you receive. Once filed with the court, the complaint needs to be "served" upon the other party (you in this case). This "service" of the paperwork can be accomplished in several ways. Usually, an individual is served by a "process server" - a person who walks up to you and asks you if you are "Mr. Smith" and then hands you all the documents. Then this process server will file proof with the court that he/she served you. You then have a limited amount of time to file an "answer" to the complaint with the court. If you don't "answer" the complaint, the other party can petition the court to enter a judgment against you. Basically, if you don't answer, it's like forfeiting the "game." Sometimes, you will get the paperwork in the mail. If so, you haven't technically been served properly but that doesn't mean you should ignore the materials you received. If you are served by mail, or personally served by a process server, you should contact your insurance company and/or your insurance broker and make them aware immediately. Send them a copy of everything you received. Your insurance company will then usually hire a lawyer to represent you and defend you against this lawsuit. You don't have to pay this lawyer. The insurance company is paying them. The premiums you pay your insurance company cover the cost of defense if you've been sued. Some of these defense attorneys work for outside defense firms, and some are in-house with your insurance company (that's what I used to do before I opened my own practice years ago). This attorney will file an answer on your behalf. The lawsuit can last months or years. Make sure you cooperate with your assigned defense lawyer and your insurance company. It is not only in your best interests to cooperate, but you are often contractually obligated to do so. VIDEO TRANSCRIPT:
Hello, everyone. This is Robert Mansour, and I wanted to shoot a brief video today about the importance of making sure that your medical records accurately and fully reflect what you went through in your car accident, so not only should your medical records reflect all of your injuries, they should also reflect how the accident affected your daily life, so let's first start with the injuries. If you go to the hospital or the emergency room or the doctor or whoever, chiropractor, after an accident, you want to make sure that you walk in with a very detailed list of every single thing that was injured in the accident, no matter how minor. Here's why: An issue that may not seem significant on day 1 may become significant a few weeks later, so if you don't mention it on day 1 and then it comes up a few weeks later, an insurance adjuster might say, "Well, wait a minute. I think you fabricated that. That didn't really happen in the accident. That was something different." You just want to make sure that you mention all of your injuries, because when the insurance adjuster is evaluating your case, they're going to look at your medical records very carefully, and they're going to see what did you complain of to the doctor, so you can't just say, "My neck." That doesn't really help. You've got to say, "My neck radiating into my shoulders, radiating into my upper back." You want to be very specific about what it is that your injury actually is, so make sure that you are very detailed about that. As a matter of fact, if the police officers come to the scene of an accident, it is very important to tell the police officer or the emergency personnel what your injuries were, because they will write that down in the police report, more often than not, and if your injuries are listed in the police report, it lends a lot more credibility to your claim that you were injured, and the consistency of those injuries across the board. Your injury complaints at the scene were the same at the hospital, were the same at the doctor, were the same at the physical therapist... It's very important to be very complete about it. The next thing that you really need to make sure that you articulate is, what limitations are you having from the accident? When you go for physical therapy or you go to the doctor, and they say, "How are you doing? What's going on," and you say, "Well, not so good," or, "A little bit better," that doesn't really help paint a very good picture of what you're going through. So for example, you might say, "Well, I'm having trouble taking a shower. It hurts when I put my clothes on in the morning. I can't bend down to tie my shoes. I'm in excruciating pain on a daily basis. I can't even drive to work. I can't pick up my kids and play with them. I can't garden. I can't do X, Y, or Z. I'm having trouble doing chores at the house." I call that "putting ornaments on the tree," decorating the tree. The tree is the injuries, but the ornaments on the tree are how the injuries affected your daily life, your work, your schooling, your home life. It is very important to articulate all of that to your doctors, because it's going to end up in the medical records, and that's what the insurance adjuster's going to be looking at. So the medical records are your opportunity to tell the adjuster the complete story of how the accident affected you. Not just the injuries, but the effects of those injuries. I always tell my clients, "When you go in for treatment after a car accident, whether it's for an evaluation, physical therapy, or anything like that, I want you to imagine the insurance adjuster sitting on your shoulder with a tablet, writing everything down that you say. They've got their clipboard right there, and they're writing everything down that you say to the doctor, so if you can imagine that, you're going to be more complete about it, because the adjuster's sitting there on your shoulder, basically being very skeptical that you were injured at all, as most of them often are. So this is your chance to be very complete about your injuries and how the accident affected you." I hope you found this video helpful. Thank you very much for watching. Please call (661) 414-7100 if you've been injured in a serious car accident. Personal injury lawyer Robert Mansour helps clients involved in serious auto accidents in Santa Clarita, California and its surrounding communities. |
Attorney Robert MansourRobert Mansour is an attorney in Santa Clarita, California who has been practicing law since 1993. After working for 13 years for the insurance companies, he now counsels victims of personal injury. Click here to learn more about Robert Mansour. Categories
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