| Most people who have been in an accident really don't | | | | investigate this and make a determination as to |
| know what to do first. Lawyer ads scream "hire us | | | | whether this is a valid problem in your case or not. If |
| now" while insurance claims adjusters call asking you | | | | you do not tell your lawyer, however, and you |
| to "just sign a few forms." | | | | misrepresent your accident history to this insurance |
| In any Virginia car accident case there are some things | | | | company, then it is almost guaranteed that you will lose |
| you can do to really destroy your own case. | | | | your case. (One former client told us that she didn't |
| Here are the Five Deadly Sins that can wreck your | | | | think she needed to disclose prior accidents to us |
| personal injury claim. These sins are based upon my | | | | because "It didn't matter." The insurance company |
| experience and discussions with many judges and | | | | already knew and when they told the judge, the case |
| jurors. | | | | was lost. While we could have dealt with a past |
| 1. The Client is Referred by the Lawyer to a Doctor. | | | | accident had we known about it, the mistake cost our |
| Beware of any lawyer who has a stable of doctors to | | | | client $75,000.) |
| refer you to. This is a scam. | | | | 3. Hiding Other Injuries from Your Lawyer |
| Local judges call this "service" the kiss of death to a | | | | It goes without saying that you should be upfront and |
| claim. (One long-time Virginia attorney was disbarred | | | | honest with your attorney about any injuries that |
| because he referred clients to a chiropractor and then | | | | occurred before or after this accident. Again, if you |
| told his clients to lie about the referral when asked in | | | | saw a doctor or other healthcare provider, then there |
| deposition.) | | | | is a record in existence that the insurance company |
| The problem with a lawyer to doctor referral is that | | | | will find. Your lawyer can deal with this if he knows |
| jurors are highly suspicious of lawyers and doctors | | | | about it. If you lie about it, and the insurance company |
| who have a referral relationship. While the client may | | | | finds out, then your case is over. |
| not know how many of that lawyer's clients have | | | | 4. Not Having Accurate Tax Returns |
| been referred in the last 12 months to a particular | | | | In almost every case, a claimant will have lost income |
| doctor, you can bet that the insurance company | | | | because of the accident. You will only be able to claim |
| knows it or will find out about it. How credible do you | | | | that lost income if your past tax returns are pristine. It |
| think that doctor's testimony will be when the jury finds | | | | would be foolish to risk going to prison by claiming a |
| out that he treated 50 patients from the same lawyer | | | | loss of earnings in your case, only to have your federal |
| last year? | | | | and state income tax returns not back up your claim. |
| Are there exceptions to this rule? Yes, there are. | | | | Again, being honest with your attorney is the only way |
| You may have a very special need for a doctor with | | | | to be, because he or she can deal with the problem if |
| a special expertise. It is perfectly legitimate for the | | | | they know about it. |
| attorney to make that suggestion/recommendation. If | | | | 5. Misrepresenting Your Activity Level |
| every client, though, is getting referred to the same | | | | Insurance companies routinely hire private investigators |
| chiropractor or the same orthopedist, then that is a | | | | to conduct videotape surveillance. If you claim that you |
| huge problem. (So beware of the attorney who has a | | | | cannot run, climb or stoop, and you get caught on |
| stack of doctor/chiropractor cards in his office. You | | | | videotape, you can forget about your claim. There |
| need to ask the right questions and fully understand | | | | often is no good explanation (other than "you got my |
| the business relationship, if any, between that attorney | | | | father, not me") that can overcome the eye of the |
| and the doctor.) | | | | camera. |
| 2. Hiding Past Accidents From Your Lawyer | | | | Personal injury lawsuits in Virginia are serious business. |
| Once you begin a case, the other side will be | | | | The insurance companies are willing to spend a ton of |
| interested in knowing how many past accidents you | | | | money investigating your claim. Juries in Virginia are |
| have been in. The truth is that they already know the | | | | very smart and will see right through any claim |
| answer or have easy access in their databases to | | | | shenanigans. |
| that information. All insurance companies subscribe to | | | | Before you sit down and chat with the insurance |
| insurance databases and often the only reason they | | | | adjuster, its usually a great idea to at least consult with |
| ask you this question is to test your credibility. | | | | an experienced, board certified, car accident attorney |
| If you have been in other accidents, your lawyer can | | | | in your area. |