I've been injured
In the first days after a serious accident or injury, the primary concerns of the injured person, family and friends, are the victim's health and recovery, in addition to the well-being of the victim's family. These vital concerns often don't leave much time or attention for anything else, even matters that are directly related to the crisis at hand.
But experts tell us that early consultation with a good attorney is not only important following an accident or injury, it is the one act that can have the most positive influence on the outcome of a personal injury claim. Once on the case, an experienced attorney will immediately begin to document the details that may be critical in a courtroom battle years later.
Immediate preservation of evidence is often the most crucial element of a personal injury case. Whether the injury arises from an automobile accident, a malfunctioning device or a dangerous condition of property, the importance of preserving the evidence (the cars or dangerous device) and meeting the legal requirement for an iron-clad "chain-of-custody" showing cannot be over-stated. In addition, photographs, videos and/or graphs of the location of the event and the physical damage it caused (including the injury itself) should be considered as soon as possible. Witness statements also must be taken early, before memory fades.
It's also smart to have an experienced attorney assist with matters regarding the medical aspects of the situation. Questions about how to treat the injury must be considered, and careful attention must be paid to the resulting medical documentation to ensure that it properly supports a legal claim. This is especially true in today's atmosphere of HMO care where doctors are becoming more reluctant to order tests or prescribe treatment, or are constrained by the rules of the medical insurance carrier. A knowledgeable attorney can point out ways to get a doctor to pay more attention to an accident victim's treatment, as well as suggest doctors who can provide better care to the injured person.
On a more pragmatic note, a seasoned attorney can help decide when and for how much to settle a case. Insurance carriers often see a benefit to settling early, especially if it can be done for a low amount. Settling too early for too low an amount carries with it the risk that there will be no consideration for future medical bills, possible lost wages or income loss and compensation for future pain. In virtually all settlements, the insurance carriers demand a full and complete release of any and all claims, past, present and future.
Just remember that an experienced attorney on the case from the very beginning will increase your chances for a stronger case, with all the evidence preserved and all the medical aspects properly documented. That will allow you more options in how your case is handled, and increase the likelihood of resolving it for the proper amounts.
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© 2000 Nelson C. Barry III
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