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Guidelines ~ How We Handle Your Case
Most people who fail to hire a lawyer eventually regret their mistake. Insurance Claims Adjusters are highly trained professionals, and they will not hesitate to minimize and/or defeat your claim for damages. Some Claims Adjusters can be characterized by the old adage: ~ Pay little, Pay late, Pay nothing!
Call us immediately to schedule a face to face interview. Retain us as soon as possible to launch our investigation of your case. Bring all documents with you that pertain to your accident including photos, police reports, and medical bills.
After you have signed a written Retainer with the Law Offices of Gary Wolfstone, let these suggestions also act as a guide for your conduct while this matter is pending. Our goal is to obtain a result that is just and fair under the circumstances. Money does not make up for the misery you suffer, but in this life, money is the only thing we can get for you. We will work hard to maximize your compensation!
Contents
General InformationGeneral Medical Information
Diary of Pain and Suffering
Communication with Doctors and Therapists
Medical Bills and Other Expenses
Job Information
Traffic Court Appearance
Change of Address and Phone Number
New Developments
Surveillance By Insurance Companies
Squeaky Wheels Get Oiled
We Do Not Give Medical Advice
Be A Good Detective
General Information
These are the most frequent concerns of our clients:- Beware of direct dealings with Overachieving Claims Adjusters! Adjusters frequently try to take recorded statements with the comment: "I want to find out what happened." Why can't the Adjuster "find out what happened" by interviewing his own insured; by reviewing the police report; and by interviewing the independent witnesses? Truth is, the Adjuster wants to take your statement to build a case of comparative fault against you. Instead of giving a statement, ask the Adjuster to call your lawyer!
- Do not talk to anybody about your case other than your lawyer, a support staff person from your lawyer's office, or your doctor's office.
- Sign nothing dealing with your claim unless you receive approval from Gary Wolfstone, after you retain us.
- If your case involved an auto accident, please provide us with a copy of your insurance policy.
- Do not discuss your claim with any Claims Adjuster (from your company or your opponent's company), but instead advise the Adjuster that you have retained our office and that you would be pleased to provide a statement if s/he would call our office and set up an appointment. Clients are frequently puzzled about this admonition, and the point to bear in mind is that any statement you give to any person can be used against you in the courtroom setting, if your case ever went as far as a courtroom trial or hearing. Of course, you would tell the truth if you did give a statement (and ultimately you must give a statement in the deposition context if your case cannot be settled), but a dishonest Adjuster (and some Adjusters are dishonest and overzealous) could easily confuse you or create ambiguities in statementizing you. Discretion is the better part of valor - err on the side of giving no statements and refer all inquiries to your lawyer.
General Medical Information
Take photographs of all your visible personal bumps, bruises, scars or any other illustrative evidence of your mishap. We may wish to have this done professionally, as well. But first, take your own photographs and share them with us in order to determine whether further photography is appropriate.
Continue to see your doctor if you have any pain or discomfort. Be consistent in meeting your medical appointments. Do not give the doctors or therapists an excuse for putting disparaging remarks into your chart notes - for example, "Patient was a No Show today," or "Patient took off a block of three weeks with no treatment due to an apparent vacation in Hawaii! - without informing the treating doctor and contrary to medical advice." If you are taking a trip in the middle of your treatment plan, discuss it with your doctor. Make full disclosure! If you fail to follow medical advice, the defense can argue that you failed to mitigate your damages. Every injured person is entitled to be compensated for injuries but is also duty bound to "mitigate his or her own damages." Always err on the side of total honesty; do not overstate or exaggerate your problems. We do not wish to represent a client whose moral compass is askew: common sense and integrigty are the key to achieving a good result.
Let us know if you are required to return to the hospital. If any doctor refers you for a CT scan or an MRI, be sure to let us know of the date and facility where this has been accomplished. Do not miss appointments for treatment or for diagnostic procedures. We insist that every clinet must care about his or her case as much as we care about your case. Be responsible and Be honest.
Diary of Pain and Suffering
Keep a daily diary of all complaints of pain or discomfort, including a record of all times you are unable to perform your duties whether at home or at work. This is important because at a later date you may be asked on what days you had pain and what specific limitations the injury has imposed upon you.
Communication with Doctors and Therapists
At the conclusion of your treatment and therapy, Gary Wolfstone wil request final medical reports, notes, and records. Whether it is a final medical report from a physician or a daily log (progress and therapy notes) from a physical therapy firm, these medical records will contain many remarks that you have made to the health care professional and will affect the value of your case. Accordingly, you should realize that what you say to the doctor or nurse or therapist may be used in your case. You should always speak truthfully when making statements to your health care professionals, but beware of overcommunication ("patient seems to whine and complain excessively") or undercommunication ("patient seems to be stoic and not really troubled by his/her pain and discomfort").
Giving your "history" to the doctor or nurse is vital. Without an accurate history, the doctor cannot make an informed diagnosis. Problematically, however, some doctors give undue emphasis to prior injuries and thereby throw a cloud over the injuries for which you are presently seeking treatment. If you have had prior injuries, disclose them accurately, but also be sure to place them into proper perspective. If the old injuries are no longer symptomatic and if, prior to this accident and injury, you had recovered completely from them, it is essential for you to make that distinction carefully in giving your history. Claims adjusters are well-trained by insurance companies to go through medical records with a fine-tooth comb in order to identify "priors" which may explain the "true reason for all of this treatment." A dishonest claims adjuster will have a field day with your medical records if your doctor or nurse has elicited from you a lengthy description of some old injury which is totally unrelated to the present problem. When it is accurate and appropriate to say so, be clear in characterizing old injuries as quiescent and no longer causing symptoms.
Medical Bills and Other Expenses
If you have any medical insurance coverage, for example, employment-realated health insurance, or even medical pay coverage on your vehicle, these claims should be made immediately. We will be happy to assist you.
Send us all bills that you receive as a result of your claim (whether paid by insurance or not).
Obtain a receipt or bill for all drugs and appliances prescribed by your doctor and paid for by you. Send us all such bills and receipts.
Keep a list of all prescriptions with dates, name of drug, and cost; do not throw away any of the bottles.
If your injury involved an auto accident, obtain two estimates of the car repairs your vehicle will require. Take photographs of your vehicle and supply them to our office with the negatives. Also, infor our office where your car is being stored if you are not in possession of it.
Keep a list of names, dates, and amounts expended for transportation charges, babysitting, household help, or any other out-of-pocket expenses.
Job Information. We Encourage Face-to-Face Meetings.
It is important that you go back to working full time as
soon as your doctor advises you to do so. Let us know
when the doctor tells you this and the date that you
return to work.
Time loss from work is an important element of your
damages. In order to get you paid for this, Mr.
Wolfstone will need two things at the end of your case:
First, he will need a letter from your employer (signed
by a supervisor) on company stationery confirming that
you were employed (and stating whether your were a part-
time or full-time employee), your rate of pay, and how
much time you missed from work. This letter should refer
specifically to the accident date for which the claim is
being made. If fringe benefits can be translated into an
hourly rate, the same letter can elaborate: for
example, "This person's fringe benefits have a value of
approximately $1.90 per hour in addition to the stated
salary."
Second, in order to get you paid for your wage loss, Mr.
Wolfstone must obtain a letter or narrative medical
report from your physician stating that you were in his
or her opinion medically excused and justified in not
working for the specific period of time for which the
claim of temporary disability is made. In other words,
the wage loss letter from the employer will coincide with
the wage loss letter from the physician. With both the
employer's information and time frame in hand, and the
physician's excuse and time frame in hand, the insurance
company will ultimately be forced to reimburse you.
If your injury involves a so-called "permanent partial or
total disability" then your employer will be an important
witness in your case. Describing your job duties,
explaining why you cannot perform your duties post-
injury, and giving a favorable report on your pre-injury
job performance and attitude will firm up your claim for
future wage loss. Keep this point in mind as you talk to
co-workers and supervisors. If you expect supportive
testimony and a favorable report, start to lay the
foundation now.
We encourage face-to-face meetings.
Afternoon meetings work best for us since we can frequently spend our mornings
in court on the motion calander. Let's make an appointment.
Let us know immediately if there is any change of
employment, raises or reductions in salary, or loss of
job. Keep a record of all times you are unable to work
or perform your duties, including dates and reasons why
you are unable to work. If you apply for disability benefits (temporary or permanent), your employer will have a lien for reimbursement against your recovery. It is imperative and positively essential for you to notify us if you apply for any benefits from your employer or if you apply for any kind of "workman's compensation" benefits. Your state or perhaps the insurance company who contracts with your state to assist you with workman's comp or labor and industries claims, will have a lien for all benefits paid to you or paid to health care providers for you. You must alert us to liens and possible liens so that we can protect you.
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Traffic Court Appearance
A traffic court appearance may be necessary if the
offending driver was given a citation by the
investigating police authority and if s/he challenges the
police officer's conclusions or impressions. A quick
reference to your copy of the police report (if the
collision was investigated by the police) will tell you
whether or not there was any enforcement action. If
there was enforcement action against the offending
driver, and if the offending driver attempts to challenge
the ticket, you will be notified via U.S. Mail of
the date, time and place of the traffic court appearance.
If the offending driver indicates to the traffic court
authorities that s/he will make this challenge, you
should receive a summons through the mail as a material
witness. You must discuss this court appearance with Mr.
Wolfstone as soon as you receive the summons. It is
vital to your case to appear in traffic court and testify
against the offending driver. Your testimony will
probably be consistent with and, therefore, reinforce the
testimony of the police officer who gave the citation and
will almost certainly result in a conviction for the
cited traffic offense. Needless to say, the insurance
company who covers the offending driver will be
influenced by this success or lack of success in
contesting the citation.
Change of Address and Phone Number
Notify our office immediately if you move or get another telephone number.
We should have your work telephone number. If this changes, also notify us.
Let us know how we may reach you if you leave town for more than three days. We need your physical mailing address, cell phone number and email address at all times during our representation.
New Developments
Let us know if you hear anything that may affect your
case; contact us immediately in the event of any new
developments.
If you have any questions concerning your case, be sure
to call this office and ask to speak to Gary Wolfstone.
Also, feel free to speak with any member of our support
staff.
Surveillance By Insurance Companies
Insurance companies can and rightfully do conduct
surveillance of accident claimants with hidden cameras.
If the claimant then denies that s/he can mow the lawn or
stoop or bend, the insurance defense counsel will be
permitted to show the film to the jury as impeachment
evidence.
Hence, we emphasize the paramount importance of answering truthfully
all questions in deposition and trial testimony about
your ability and physical limitations, if any there be.
Squeaky Wheels Get Oiled
Communication is important, and we expect to receive
your telephone calls. However, any lawyer who is worth
his salt is busy and frequently pre-occupied with other
appointments, projects or telephone calls.
Do not become frustrated if you call our office and
cannot speak with Mr. Wolfstone on your first try.
Try and try again! Leave your name and number. Wait
twenty minutes and call a second time. We do return
calls, and occasionally we call back a day later. Try sending us an email at garywolfstone@gmail.com
Persistent callers, and especially clients who can be
brief, always get our attention. Squeaky wheels get
oiled! Send us an email at garywolfstone@gmail.com
We Do Not Give Medical Advice
We do not give medical advice. We will not at any time
dictate what treatment a client should receive. Instead,
all decisions about the nature, extent and duration of
your treatment should made jointly by and between you and
your health care providers. By the same token, you
should always be apprehensive about a doctor or other
health care provider who is giving you legal advice!
Be A Good Detective
If you have any opportunity to garner more information or
new information which may help us in building a case for
you - Please - take the intiative to be a good
detective on your own behalf! We need your help at every
point, and we have frequently broken a difficult case
precisely because our client found the "smoking gun!"
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© 2019 Gary L. Wolfstone
