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Injury Cases
Individuals sustaining personal injuries through the fault of others
frequently have questions as to how to adequately protect themselves through
the legal process. This newsletter contains frequently asked questions and
answers.
QUESTION NO. 1: How do I find a lawyer to help me with my injury case?
Since you are here reading this letter, you have obviously found our firm.
The first step would be to contact a lawyer. We would like for you to
contact us.
QUESTION NO. 2: How long does it take to complete a case?
We cannot, with certainty, state how long various stages of the case will
take or if the case will actually go through trial or appeal. Each case is
different, and even similar cases do not always take the same length of
time. There is discovery, settlement negotiations, and preparation for
trial. This can take months or even a couple of years in some cases. At
times, there will be much more activity in a case than others. It is
important for people not to become discouraged at the length of time it
takes for a case to proceed through its final stages of trial or appeal. It
is important to know from the start that the legal system does not move with
lightning speed.
QUESTION NO. 3: What about keeping track of all of the medical bills?
It is important that you keep track of all hospital, doctor, prescription,
and other expenses (medical or not) caused by your injuries. If you retain
a lawyer, it is important that you inform him or her of this information.
You also need to keep your attorney updated concerning your medical
condition, doctor appointments, and out of pocket expenses associated with
your injury. If you are being pressured to pay a bill by a collection
agency, insurance company, or doctor's office, an attorney may be able to
help you defer collection efforts. Do keep a complete list of the names and
addresses of each and every doctor or hospital you see in connection with
your injury. In fact, you should keep a record of all doctor visits,
hospital visits, or therapy appointments. You should also keep track of who
is paying for each visit, i.e., out of pocket, insurance, etc.
QUESTION NO. 4: What should I say about my case?
We suggest not discussing your case with other people more than necessary.
Obviously, feel free to discuss your case with your attorney. Likewise,
when meeting with a doctor, you need to be absolutely honest with him or
her. In fact, never misrepresent things in connection with your injury. We
are simply saying that sometimes people do not understand comments you make
or cannot put them into context. If these people are called into court to
contradict what you say, this can cause any legal case to go badly. Again,
never lie or misrepresent the facts. However, do be careful who you talk
to. The best advice, in our opinion, is to avoid talking about it with
others except for your lawyer and doctors.
QUESTION NO. 5: What if I don't agree with my doctor's advice?
Obviously, you always have a right to get another opinion. We are not
doctors; therefore, don't look to us for any medical advice. If you feel
you are not getting proper treatment, feel free to call upon another doctor.
However, from a legal prospective, you should try to follow your doctor's
instructions regarding your health care. Under Iowa Law, if you do not
follow your doctor's instructions, any damages you could be awarded may be
reduced.
QUESTION NO. 6: Am I supposed to keep track of how I am feeling?
It is our advice that you keep a personal injury journal. In other words,
do take time to record how you feel when you get up in the morning. How bad
do you hurt? Where does it hurt? Is it hard to get out of bed? Do you
need help getting out of bed? Are you dizzy when you get out of bed? Do
you wake up with headaches? How do you feel once you are up for a while?
How bad is the pain?
You do not need to write a book every day, but make entries in a journal
every day. Keep track of the dates for each entry. You may notice that you
cannot do the same activities that you used to be able to do. If you notice
this, write it down in your journal. For example, if you notice that
vacuuming is becoming a problem, write it down. Also write down where it
hurts. If you cannot engage in the athletics you used to be able to, write
it down. Keep track of interference the injury has with family activities,
religious activities, and social activities. Keep track of whether the pain
is continuous or intermittent and whether it changes. If there is something
that makes you feel better (such as medication or massage) write it down.
One thing you need to realize is that proving liability (i.e., that somebody
else was negligent) is only half of the battle. The other half is proving
the damages you have.
We would like to give a final word of advice. Whether you work with our
law firm or with another law firm, we think it is important that you trust
your lawyer. Obviously, if you become dissatisfied with your lawyer, you
have a right to find another one. However, take the time to discuss the
issue with your lawyer first. Presumably your attorney has knowledge in
handling the case. More often than not, it is our opinion that you are
better off following your lawyer's advice.
Please read our Notice/Disclaimer concerning use of this site.
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