These innocent errors can affect a case
There are many ways an unsuspecting auto accident victim’s case can be harmed – even when you’re trying to do the right thing. Here are same mistakes identified by our car accident lawyers that unfortunately, play a crucial role in hurting good people with legitimate cases.
Lying
This mistake is pretty easy to avoid, and the consequences can be disastrous for those who don’t. For example, recent Colorado cases have held that providing false information on an insurance application can be used to defeat PERSONAL INJURY CLAIMS
Doctor appointments
Listen to your doctors, and follow through on their advice. There’s never a reason or excuse to miss a doctor’s appointment. Not going to the doctor may be interpreted as a sign that you are not hurt, or don’t take your car accident lawsuit seriously. It’s very important for you to show that you are working hard to get better and keeping appointments is an important part of that. Also, when you are at the doctor’s, be mindful of what you say. For example, never say “My attorney said…”.
Disposing of important evidence
Save all pill bottles, casts, braces, prescriptions and any other items from your doctors. This is evidence of your personal injuries, and it must be preserved.
Facebook, Twitter & more
Insurance adjusters and defense attorneys will investigate your Facebook, Twitter and related social media accounts, blogs or web pages – even when set as ‘private’ – and look for things that can help them avoid taking full responsibility for the harms they’ve caused research is to attempt to show that you are not as injured as you claim. Please be very careful about posting new items.
The insurance company will also likely try to prove that all or some of the claimed injuries existed prior to the accident. The insurer will comb through medical records from before the accident looking for any evidence that the plaintiff previously sought treatment for the same type of injury.
Claiming a Lack of Evidence
Insurance companies also often seek to limit their liability by claiming that the plaintiff has failed to substantiate his or her claim with ample evidence. The insurer may argue that it will not compensate for certain injuries because the plaintiff has failed to provide documentation from a physician who attributes the injury to the accident.
The failure to file a police report after a car accident can lead some insurers to question which driver was actually at fault and the carrier may try to deny coverage on that basis. So, the most important thing for a plaintiff to do is to gather evidence relating to the accident and to keep records of all medical treatment, lost wages, and photographs of injuries or property damage. The more information the plaintiff can present in support of his or her claim, the stronger the case will be.
Being forced to apply for SSD
Many insurance companies force people to apply for Social Security Disability. When this happens, you are required to apply, even if you are hoping to recover and return to work. But what happens next, such as how an application is filled out, can directly impact your case against the wrongdoer’s insurance company for economic damages. Colorado Auto Law works with attorneys who specialize in SSD, to help with your application and ensure you do not harm your case. Please discuss applying for Social Security Disability with your lawyer first, to avoid costly mistakes.
Voice mail
Insurance adjusters, investigators and others may call you for information about your car accident or truck accident. If you have a message or music on your voicemail or answering machine that could offend a jury one day, we suggest you change to a more basic greeting, to give the best first impression.
Renewing licenses
Defense attorneys and their investigators can easily obtain access to commercial driver license (CDL) information from the Secretary of State, as well as hunting and fishing license information from the Department of Natural Resources. If you have serious injuries that prevent you from driving a commercial vehicle and/or participating in outdoor activities, we suggest that you do not renew those licenses until you speak with your lawyer first.
New doctors, new medical tests
Anytime your doctor refers you to a new doctor or sends you to take a new test, please advise your car accident lawyer immediately.
Job changes and moving
Anything after your auto accident regarding changes in your job, job duties and salary is very important to discuss with your attorney. Inform your attorney if you are moving, if you have been put on further restrictions at work or have to miss more work due to your personal injuries.
But l heard…
When we’re working on a case, clients often tell us they heard about a friend’s financial recovery. Please be aware that every case is different, every injury is different and every client is different. It’s important to understand our car accident lawyers are as interested as you are in getting you the best possible settlement. It’s our job and we do it very well.
Poor communication
The best advice remains the simplest: call your car accident lawyer at 303-733-7900 if you have a question, and certainly before doing something that can have an important impact on your case.
How Can you Prove Lost Wages After a Colorado Car Accident?
If you have been injured in a Colorado accident, you are entitled to claim all economic losses resulting from your injuries. This includes lost wages for any missed time from work. A lot of people don’t realize that, under Colorado Law, you can sometimes claim lost wages even if your employer paid you while you were out of work. For example, if you had to use leave days, or received disability payments, you can still claim lost wages for the time you were out. After an accident, there may be a variety of reasons that somebody misses work. Immediately after an accident, your injuries may prevent you from working and you may need to stay home so you can heal. Many people get work restrictions from a doctor if they are injured and cannot perform all of their job functions. As a result, although you may be able to perform some types of work, you may have to miss work because you are physically unable to perform all of the tasks your job requires. Another common cause of missed time from work after an accident is for time spent going to medical appointments or recovering from a medical procedure, such as surgery.
If you missed time from work because of a car accident, it is important that you have the necessary evidence to prove your claim. Insurance companies will try to find any reason they can to deny you full payment for your damages. While medical expenses are harder to dispute, the value of a lost wage claim is a frequent point of contention. If you document the claim properly from the beginning, it will be harder for the insurance company to challenge your claim.
1. Medical documentation. If the doctor issues you work restrictions or holds you out of work entirely, make sure he or she documents it or gives you paperwork to give to your employer, it is important that your doctor understand the nature of your job and the types of tasks you perform on a daily basis. For example, an office worker who sits at a desk all day may be able to work with certain injuries that would prevent a construction worker from doing their job. If your doctor tries to release you to work and you feel like you would not be physically able to perform your job duties, let your doctor know and explain why you feel that way.
2. Track your missed days. Keep a list of the days you miss from work and the reasons for your absence. Even if you missed a few hours for a doctor’s appointment, keep a record of it. Those missed hours can really add up if you have a lot of appointments.
3. Keep your check stubs. Your check stubs can be important evidence in a lost wage claim. Your pay stubs will list your rate of pay and should list any time you missed from work. You can also use pre-accident pay stubs to show how much you were making before the accident, as compared to after an accident.
4. Tax records. W-2s and tax returns can help prove a lost wage claim. This type of evidence is frequently most helpful if you missed an extended amount of time from work.
5. Lost wage verification. A lost wage verification is basically a form your employer completes that shows how much time you missed from work and your rate of pay. A direct supervisor or somebody in human resources is normally the best person to complete a lost wage verification.
If you missed time from work after a Colorado car accident, it is important that you speak with an experienced personal injury attorney as soon as possible. At The Malman Law Firm, P.C. personal injury is all we do, and we have extensive experience representing people who have been injured and missed time from work because of a car accident. If you have any questions, you should contact Malman Law Firm at 303-733-7900 or ilianameza@malmanlawfirm.com.