Most people who have been in an accident really don't know what to do first. Lawyer ads scream "hire us now" while insurance claims adjusters call asking you to "just sign a few forms."

In any Virginia car accident case there are some things you can do to really destroy your own case.

Here are the Five Deadly Sins that can wreck your personal injury claim. These errors are based on my many years of experience and many discussions with judges and jurors.

1. The Client is Referred by the Lawyer to a Doctor.

Beware of any lawyer who has a stable of doctors to refer you to. This is a scam.

Local judges call this "service" the kiss of death to a claim. (One long-time Virginia attorney was disbarred because he referred clients to a chiropractor and then told his clients to lie about the referral when asked in deposition.)

The problem with a lawyer to doctor referral is that jurors are highly suspicious of lawyers and doctors who have a referral relationship. While the client may not know how many of that lawyer's clients have been referred in the last 12 months to a particular doctor, you can bet that the insurance company knows it or will find out about it. How credible do you think that doctor's testimony will be when the jury finds out that he treated 50 patients from the same lawyer last year?

Are there exceptions to this rule? Yes, there are.

You may have a very special need for a doctor with a special expertise. It is perfectly legitimate for the attorney to make that suggestion/recommendation. If every client, though, is getting referred to the same chiropractor or the same orthopedist, then that is a huge problem. (So beware of the attorney who has a stack of doctor/chiropractor cards in his office. You need to ask the right questions and fully understand the business relationship, if any, between that attorney and the doctor.)

2. Hiding Past Accidents From Your Lawyer

Once you begin a case, the other side will be interested in knowing how many past accidents you have been in. The truth is that they already know the answer or have easy access in their databases to that information. All insurance companies subscribe to insurance databases and often the only reason they ask you this question is to test your credibility.

If you have been in other accidents, your lawyer can investigate this and make a determination as to whether this is a valid problem in your case or not. If you do not tell this to your attorney, and you lie about your accident and claim history to the insurance company, then it is almost assured that you will destroy your own case. (One former client told us that she didn't think she needed to disclose prior accidents to us because "It didn't matter." The insurance company already knew and when they told the judge, the case was lost. While we could have dealt with a past accident had we known about it, the mistake cost our client $75,000.)

Page 1 of 2 :: First | Last :: Prev | 1 2 | Next