SAMPLE
7 Questions The Claims Adjuster
Hopes You Never Ask
Hopes You Never Ask
#5 - How will you handle any prior injuries I've suffered?
You can never lie, or even “stretch the truth,” even unintentionally, to your attorney in your personal injury case. Trust that the defendant's insurance company will find out about anything you fail to tell your attorney. All of your medical records can eventually be presented as evidence and insurance companies have an indexing system which will tell them whether the injury victim was ever involved in a prior accident. Insurance companies will employ investigators to provide surveillance of your home and work. Request may be made to review your Facebook account, or other social media sites, if you have one.
Insurance companies go through great lengths to show that your injury could have come from anything other than the defendant's negligent conduct. The easiest way to deal with this issue is to be honest with your attorney. Your attorney will guide you through this minefield so that nothing else is discovered that could hurt your case down the line. When discrepancies are discovered is when you lose all credibility.
Now, while you must be honest with your attorney you cannot expect the defendant's insurance company to take your 100% honest answer and use it in your favor (see rule #7). It's been mentioned-this is an adversarial process! That is why it's important to hire an attorney that knows how to present information that is negative to your case in the most favorable light possible. Then he needs to explain any prior injuries or pre-existing injuries.
When this is done correctly it will have a minimal impact, if any, on your ultimate recovery in an injury case. Claims adjusters won't tell you but they only look for how anything in your past could be the reason for your current problems (as opposed to their client that ran into you!).
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Disclaimer:
The Virginia State Bar requires that we say this article is for your personal information only and is not intended as legal advice. This area of the law is very complex. Every case is different and the information contained herein is general. This information is not intended to be legal advice. Nor is this material intended to replace consultation with a professional. Always consult a licensed attorney for your particular case. You can reach our office at (804) 207-7545 option 1.
The Virginia State Bar requires that we say this article is for your personal information only and is not intended as legal advice. This area of the law is very complex. Every case is different and the information contained herein is general. This information is not intended to be legal advice. Nor is this material intended to replace consultation with a professional. Always consult a licensed attorney for your particular case. You can reach our office at (804) 207-7545 option 1.
Nothing herein shall create an attorney/client relationship.
