Instructions and General Information
for Our Clients:
The following are some general instructions as well as answers to common
questions that our clients should find helpful:
Things YOU SHOULD NEVER Do:
NEVER give any written, recorded, or oral statements to anyone concerning your
accident or injuries without first obtaining our approval.
NEVER make incorrect or false statements to any doctor who may treat or examine
you respecting any prior injuries or accidents. If you can't remember the details of
a previous accident, simply say so.
DO NOT change your address or employment without notifying your attorney.
Important Points to REMEMBER:
Inform us immediately if you change your address, telephone number or
employment.
If your vehicle was damaged in an accident, take photographs of it before you get
it repaired. Use color film and take a whole roll of pictures. Bring the film to us and
we will have it developed. If you do not have a camera, please call and we will
make arrangements to take the pictures for you.
Save all pill bottles and orthopedic devices such as crutches, casts, braces, and
any other items that were prescribed to you by your doctors.
Give us any pictures and videos of the accident or accident scene that you or
anyone else has taken for you.
Let us know about any changes in your job, job duties, salary, etc.
Be sure to obtain and save all receipts itemizing any and all expenses you incurred
as a result of your accident.
Inform us of anything you think may be important to your case, including extensive
medical treatment or hospitalization.
The Five BIGGEST MISTAKES clients make which HURT their case:
FAILING to see a doctor if you are in pain.
FAILING to follow your doctor's instructions regarding your treatment.
FAILING to keep appointments with your doctor.
DISCUSSING your case with anyone other than your attorney or doctor.
FAILING to tell your doctor about pain or other physical complaints caused by your
accident.
DO NOT TALK About Your Case to ANYONE without our Permission:
Do not talk about your case with anyone without our permission except this office
and your doctors. If your own insurance company wants to talk about your case
before they pay your medical bills, please refer them to us.
Follow Your Doctor’s Advice:
It is critical that you follow your doctor's instructions. Be sure to do what your
doctors tell you. Unless you have a good reason, never miss a doctor’s
appointment. By missing a doctor’s appointment, you are saying to the doctor and
to the defendant's insurance company that you are not injured and that your case
doesn't matter very much. If you are in pain and you do not see a doctor, the
defendant's insurance company and the jury will not believe that you are having
pain or even that you've been injured at all.
Each time you go to the doctor and report that you are still having pain, your
doctor makes an entry in his records. It is important for your doctor to have up-to-
date information on your condition. Some clients get discouraged and do not see
their doctor even though they are having pain. This may harm your claim. It is
important that your doctor knows how you are feeling.
Our job is to obtain the best recovery for you based on your provable injuries. It is
difficult if not impossible for us to prove your injuries if you do not cooperate in
your own medical treatment. It is very important that you do everything possible to
get well by making all of your medical appointments.
First Steps In Representing You:
During our first meeting, we will obtain general information regarding your case
from you and provide you with client instructions. At that time, we will request that
you sign certain authorization forms which will allow us to obtain your medical
records and other necessary information. We will also request that you sign a
retainer agreement which authorizes us to represent you and sets out the terms
and conditions of our representation. Once we have been retained, we will notify
the person who is responsible for your injury and/or their insurance company that
you have retained us as your attorneys. Requests will be sent to all of the doctors
and hospitals involved in your care for your medical records and billing
information.
NEVER SIGN any documents relating to your case without first obtaining our
approval.
Keep A Diary that includes the following information:
Lost work time and wages.
Other expenses resulting from your injuries, i.e., transportation, home care, etc.
Detailed notes that describe your pain and suffering, including your physical
limitations.
It is important to make your entries on an ongoing basis. A summary at the end of
each month will not be as helpful to us. Copies of checks and receipts of payment,
as well as the above records, will be very helpful when you may be asked by the
insurance company or an attorney to recall your pain, physical disabilities, and any
out-of-pocket cash expenses you may have incurred including medication.
Medical Liens:
Some of our clients are involved in accidents where there is no medical payments
insurance, worker’s compensation or private health insurance to cover immediate
medical expenses. In such cases, we may request your doctor to accept a medical
lien in lieu of immediate payments. In such a case, your doctor will expect to be
paid by you at the conclusion of this case and will require you to agree, in writing,
to have us pay them directly from the proceeds you receive by settlement or
verdict. If your doctor asks you to sign what is often called a “lien letter”, be sure to
contact our office. In some cases, it may not be appropriate for you to sign such an
agreement.
BEWARE- You May Be Watched and Photographed:
Routinely, when a claim is filed by an injured person, insurance companies
conduct a detailed investigation of the injured person’s background. Sometimes,
this investigation will include surveillance of you by an insurance company
investigator who will videotape your activities. These investigators work very hard
to obtain videotapes of claimants lifting heavy groceries or engaging in strenuous
physical activity. However, these same surveillance tapes have been useful to
corroborate our client’s limitations, including the use of canes, crutches, etc. If you
believe you are being watched, please call us immediately. Try to avoid the
camera if possible.
NEVER exaggerate your limitations or pose for the camera.
Why Does It Take So Long to Resolve My Case?
We cannot present your claim to the defendant's insurance company until you
have completed your medial treatment and we have obtained a report from your
doctors explaining your injuries and what they believe your prognosis for the future
will be. Unfortunately, doctors are often very slow in writing these reports. If we try
to settle your case before your medical condition is stabilized, you may lose money
that you might be entitled to for a condition that did not show up until after your
case was settled. It is important to know that your case will not be settled until our
investigation identifying all responsible parties has been completed and all of your
damages have been determined. It generally takes several months to gather the
necessary information. If your case cannot be settled and trial becomes
necessary, it may take a year or more to resolve your case.
PLEASE BE PATIENT! The wheels of justice move very slowly. However, we will
work diligently and as quickly as possible to settle your case as fast as we can.
What is the Value of My Case?
When new clients meet with us for the first time, they often ask us for an opinion
about the value of their case. Unfortunately, it is impossible for us to tell
immediately how much money, if any, you will recover in connection with your case.
There is no formula for determining the value of a case. Each case is unique and
different and must be evaluated on an individual basis. In cases of serious injury,
the ultimate recovery is often related to the amount of insurance coverage
available, as well as the nature, extent, and duration of the injuries, along with an
assessment of liability.
As your attorneys, we will do everything we can to obtain a recovery that fairly and
justly compensate you for your injuries.
Filing a Lawsuit:
If your case cannot be resolved for some reason, it may become necessary to file
a lawsuit to obtain an adequate recovery for you. This is a legal decision that we
will make jointly with you. Before filing a lawsuit on your behalf, we will obtain your
permission and explain to you why we believe a lawsuit is necessary to obtain a fair
and just recovery for you. Although a lawsuit may have to be filed, settlement is
always possible and negotiations do continue. Only a small percentage of
lawsuits actually go to trial.
Mediation:
There are occasions when the parties agree to submit a claim to mediation. In
such a case, the parties meet with an independent third person, usually an
experienced lawyer or retired judge, who assists the parties in arriving at a
settlement. The results are not binding. It is informal, and less expensive than a
trial. If that option is available, we will discuss it with you.
Claims Against the Government:
Many our cases involve governmental entities as defendants. Generally, a Notice
of Claim must be filed with the appropriate governmental agency (City, County,
State or U.S.) within six (6) months following your injury. If you believe that the
government may be involved in your case, please notify us immediately. Failure to
file a claim within six (6) months after your injury may prevent you from recovering.
for Our Clients:
The following are some general instructions as well as answers to common
questions that our clients should find helpful:
Things YOU SHOULD NEVER Do:
NEVER give any written, recorded, or oral statements to anyone concerning your
accident or injuries without first obtaining our approval.
NEVER make incorrect or false statements to any doctor who may treat or examine
you respecting any prior injuries or accidents. If you can't remember the details of
a previous accident, simply say so.
DO NOT change your address or employment without notifying your attorney.
Important Points to REMEMBER:
Inform us immediately if you change your address, telephone number or
employment.
If your vehicle was damaged in an accident, take photographs of it before you get
it repaired. Use color film and take a whole roll of pictures. Bring the film to us and
we will have it developed. If you do not have a camera, please call and we will
make arrangements to take the pictures for you.
Save all pill bottles and orthopedic devices such as crutches, casts, braces, and
any other items that were prescribed to you by your doctors.
Give us any pictures and videos of the accident or accident scene that you or
anyone else has taken for you.
Let us know about any changes in your job, job duties, salary, etc.
Be sure to obtain and save all receipts itemizing any and all expenses you incurred
as a result of your accident.
Inform us of anything you think may be important to your case, including extensive
medical treatment or hospitalization.
The Five BIGGEST MISTAKES clients make which HURT their case:
FAILING to see a doctor if you are in pain.
FAILING to follow your doctor's instructions regarding your treatment.
FAILING to keep appointments with your doctor.
DISCUSSING your case with anyone other than your attorney or doctor.
FAILING to tell your doctor about pain or other physical complaints caused by your
accident.
DO NOT TALK About Your Case to ANYONE without our Permission:
Do not talk about your case with anyone without our permission except this office
and your doctors. If your own insurance company wants to talk about your case
before they pay your medical bills, please refer them to us.
Follow Your Doctor’s Advice:
It is critical that you follow your doctor's instructions. Be sure to do what your
doctors tell you. Unless you have a good reason, never miss a doctor’s
appointment. By missing a doctor’s appointment, you are saying to the doctor and
to the defendant's insurance company that you are not injured and that your case
doesn't matter very much. If you are in pain and you do not see a doctor, the
defendant's insurance company and the jury will not believe that you are having
pain or even that you've been injured at all.
Each time you go to the doctor and report that you are still having pain, your
doctor makes an entry in his records. It is important for your doctor to have up-to-
date information on your condition. Some clients get discouraged and do not see
their doctor even though they are having pain. This may harm your claim. It is
important that your doctor knows how you are feeling.
Our job is to obtain the best recovery for you based on your provable injuries. It is
difficult if not impossible for us to prove your injuries if you do not cooperate in
your own medical treatment. It is very important that you do everything possible to
get well by making all of your medical appointments.
First Steps In Representing You:
During our first meeting, we will obtain general information regarding your case
from you and provide you with client instructions. At that time, we will request that
you sign certain authorization forms which will allow us to obtain your medical
records and other necessary information. We will also request that you sign a
retainer agreement which authorizes us to represent you and sets out the terms
and conditions of our representation. Once we have been retained, we will notify
the person who is responsible for your injury and/or their insurance company that
you have retained us as your attorneys. Requests will be sent to all of the doctors
and hospitals involved in your care for your medical records and billing
information.
NEVER SIGN any documents relating to your case without first obtaining our
approval.
Keep A Diary that includes the following information:
Lost work time and wages.
Other expenses resulting from your injuries, i.e., transportation, home care, etc.
Detailed notes that describe your pain and suffering, including your physical
limitations.
It is important to make your entries on an ongoing basis. A summary at the end of
each month will not be as helpful to us. Copies of checks and receipts of payment,
as well as the above records, will be very helpful when you may be asked by the
insurance company or an attorney to recall your pain, physical disabilities, and any
out-of-pocket cash expenses you may have incurred including medication.
Medical Liens:
Some of our clients are involved in accidents where there is no medical payments
insurance, worker’s compensation or private health insurance to cover immediate
medical expenses. In such cases, we may request your doctor to accept a medical
lien in lieu of immediate payments. In such a case, your doctor will expect to be
paid by you at the conclusion of this case and will require you to agree, in writing,
to have us pay them directly from the proceeds you receive by settlement or
verdict. If your doctor asks you to sign what is often called a “lien letter”, be sure to
contact our office. In some cases, it may not be appropriate for you to sign such an
agreement.
BEWARE- You May Be Watched and Photographed:
Routinely, when a claim is filed by an injured person, insurance companies
conduct a detailed investigation of the injured person’s background. Sometimes,
this investigation will include surveillance of you by an insurance company
investigator who will videotape your activities. These investigators work very hard
to obtain videotapes of claimants lifting heavy groceries or engaging in strenuous
physical activity. However, these same surveillance tapes have been useful to
corroborate our client’s limitations, including the use of canes, crutches, etc. If you
believe you are being watched, please call us immediately. Try to avoid the
camera if possible.
NEVER exaggerate your limitations or pose for the camera.
Why Does It Take So Long to Resolve My Case?
We cannot present your claim to the defendant's insurance company until you
have completed your medial treatment and we have obtained a report from your
doctors explaining your injuries and what they believe your prognosis for the future
will be. Unfortunately, doctors are often very slow in writing these reports. If we try
to settle your case before your medical condition is stabilized, you may lose money
that you might be entitled to for a condition that did not show up until after your
case was settled. It is important to know that your case will not be settled until our
investigation identifying all responsible parties has been completed and all of your
damages have been determined. It generally takes several months to gather the
necessary information. If your case cannot be settled and trial becomes
necessary, it may take a year or more to resolve your case.
PLEASE BE PATIENT! The wheels of justice move very slowly. However, we will
work diligently and as quickly as possible to settle your case as fast as we can.
What is the Value of My Case?
When new clients meet with us for the first time, they often ask us for an opinion
about the value of their case. Unfortunately, it is impossible for us to tell
immediately how much money, if any, you will recover in connection with your case.
There is no formula for determining the value of a case. Each case is unique and
different and must be evaluated on an individual basis. In cases of serious injury,
the ultimate recovery is often related to the amount of insurance coverage
available, as well as the nature, extent, and duration of the injuries, along with an
assessment of liability.
As your attorneys, we will do everything we can to obtain a recovery that fairly and
justly compensate you for your injuries.
Filing a Lawsuit:
If your case cannot be resolved for some reason, it may become necessary to file
a lawsuit to obtain an adequate recovery for you. This is a legal decision that we
will make jointly with you. Before filing a lawsuit on your behalf, we will obtain your
permission and explain to you why we believe a lawsuit is necessary to obtain a fair
and just recovery for you. Although a lawsuit may have to be filed, settlement is
always possible and negotiations do continue. Only a small percentage of
lawsuits actually go to trial.
Mediation:
There are occasions when the parties agree to submit a claim to mediation. In
such a case, the parties meet with an independent third person, usually an
experienced lawyer or retired judge, who assists the parties in arriving at a
settlement. The results are not binding. It is informal, and less expensive than a
trial. If that option is available, we will discuss it with you.
Claims Against the Government:
Many our cases involve governmental entities as defendants. Generally, a Notice
of Claim must be filed with the appropriate governmental agency (City, County,
State or U.S.) within six (6) months following your injury. If you believe that the
government may be involved in your case, please notify us immediately. Failure to
file a claim within six (6) months after your injury may prevent you from recovering.
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| Williamson & Krauss Tel: (818) 226-5700 |