The “Do And Don’t” List When Employing A New York Injury Attorney
Following is a list of seven things you either should or shouldn’t do immediately following an accident and during any proceedings that invole your New York accident lawyers. Failure to follow these could result in your New York injury attorney having a weaker case, which could result in you losing any potential claims you might have.
1. Calling a Lawyer Before You Visit the Doctor. How serious could an injury be if your first concern is a lawsuit rather than medical attention? A defense attorney worth his salt is going to jump on this if he discovers that you hired a Long Island personal injury attorney before going to a doctor.
2. Going to a Doctor Other than a Medical Doctor Sure, there are plenty of good chiropractors, physical therapists, acupuncturists, holistic healers, massage therapists and others in the healing profession who can help you. However, the gold standard of medical treatment is from a medical doctor. At the end of the day it is your lawyer’s task to persuade the jury that your injuries are real and treatment was needed. Testimony from a medical doctor will be far more persuasive to the jury than testimony from a holistic healer.
3. Always Take Photographs of the Accident. If you’re uninjured, take as many photos as you can. With every cell phone having a camera on it these days, it’s relatively easy for you or someone with you to get photos of the accident. You should also take pictures of any injuries you sustained as soon as you’re hurt and as they heal. You can never have too many pictures. Never have I heard an automobile accident attorney lament the fact that he has too many pictures from his client. You may hear the lawyer on the other side complain as his client ends up having to pay you more because of all the pictures you provided. Jurors want to see the accident more than they want to hear any testimony. Seeing is believing, after all.
4. Record Anything Said at the Accident. Call an ambulance if you’ve been hurt. If you’re not hurt, you should try speaking with the other parties involved. Don’t commit to anything in your statements to the other driver, but if they are apologetic or appear to be drunk, record everything they say. Record the condition of the other driver’s car and your own. Look to see if the driver was distracted with things such as food and drink, make-up, newspapers, so on so forth. Ask for the cell phone number of the phone they have with them at the scene of the accident. Record the exact time of the accident. If you have been injured, have someone else gather all these details for you. Get to a hospital as soon as possible and follow the doctor’s orders to the letter. Once you’ve been treated you can then consider contacting a car wreck lawyer, but not before.
5. Don’t Miss Follow Up Doctor Visits. The severity of your injury determines the amount of money you receive. The severity of your injury is measured by a jury in these ways: first, the pain of the injury. Second, the permanent effects of the injury – such as scarring, loss of use, diminished range of motion, dismemberment, etc. Economic impact is the third factor, and this includes items such as lost wages or a lost job, damage to the property, etc. The last item is rather simple to discover. However, without thorough medical records the first two factors will be impossible to determine. Your credibility suffers if you claim a severe injury but fail to follow up with medical experts with regards to treatment.
6. Talking Too Much. Remember that discretion is the better part of valor. If any insurance companies or lawyers from the other side attempt to call you, direct them to your attorney. Their whole point in contacting you is to get you to settle for the smallest amount of money. They’re recording all that you say. The less you say, the better.
7. Don’t Fake an Injury. This is as bad as it gets. You have to prove to the jury that your injury exists when you claim one. A defense attorney who’s any good will use this the rest of the trial. You will be labeled a malingered and all of your injuries will be called into question. Your motor vehicle accident lawyer will have to deal with this, and the outcome might not be good.