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Important "Musts" for your Automobile Accidents

SOCIAL MEDIA

Stay off social media.  Simple, right?  Defense companies no longer need to hire private investigators.  They just go on social media and can secure tons of information regarding people who have been injured and what they are doing on a daily basis.  This information is "discoverable" which means the defense can subpoena information based upon what they learn on your social media pages.   Alot of this information is admissable in court and can be very damaging.  Social Media can ruin a a claim.

PRESCRIPTIONS

Please forward all prescriptions you have paid for out of pocket to our office so that we may include them in your settlement demand. If you do not have a copy of the prescription, you may contact the pharmacy where you had the prescription filled. Most pharmacies can print a list of the prescriptions you have had filled.

DOCTOR APPOINTMENTS

Please advise our office of any updates after your doctor's appointments or if your doctor refers you to another doctor, or if you are seen at any hospitals. Please also contact us when your doctor releases you from care. We may be in a position to attempt settlement negotiations at that time.

MEDICAL BILLS

If you have health insurance, use it to pay your doctors. This can benefit you in obtaining medical treatment, since the automobile liability insurance company is under no obligation to pay any bills up front. Although your health insurance company may have the right to be paid back out of your settlement, we may be able to get them to reduce their lien, thereby obtaining more compensation for you. If you receive any medical bills from providers for treatment related to your injury, please forward copies of the bill to your health insurance company and to our office to the attention of Lorie H. Fuller. If you receive any phone calls from providers or collection agencies regarding any of these bills, please refer them to our office.

MILEAGE

Please keep a record of the mileage to and from your doctor's appointments. We must document this mileage so that we can get you reimbursed for this expense.

LOST WAGES

In order for us to pursue a lost wage claim for you, you must have the Wage and Salary form completed by your employer once you have been released by your doctor and do not anticipate missing any more time from work due to your injuries. Please send us the Wage and Salary form along with your doctor's work excuses. It is very important that we have your doctor's excuses because the insurance company will not consider your lost wage claim unless we have medical proof that you were unable to work.

PROPERTY DAMAGE CLAIMS

Please be advised that the Firm generally does not handle property damage claims. You may speak directly with the adjuster regarding your property damage claim, but do not discuss the facts of how your accident happened or your injuries. Our office will only handle matters regarding property damage if the contract has been adjusted to include property damage. The other party's insurance company should repair your car or, if it's totaled, pay for the fair market value of your car. They should also provide you a rental car while yours is being repaired. If you have a question regarding the fair market value of your car, please call us and we will be glad to look up the approximate value of your vehicle.
We look forward to working with you on your case.

 

Posted: June 27th, 2016 | Permalink

FAQ: What Should I Expect At My Agreement Hearing

If you are going to Court to have an agreement approved as either part of an “Order of Separate Support and Maintenance” or divorce, you can expect to be asked the following questions (or something close thereto):

1. Is this your agreement

2.  Do you believe it treats both of you fairly

            (Keep in mind you may not like all of the agreement,

            but overall, do you believe, under the circumstances as they

            exist today or at filing, that it is fair)

3.  Do you believe there was full financial disclosure?

            (E.g., have you both filled out financial declarations?

            If not, do you believe you are sufficiently aware of the other’s

            income, assets and debts to be able to say that you believe the agreement

            to be fair?)

4.  Did you enter it freely and voluntarily

            (Keep in mind that you may not like all of the agreement,

            however, did anyone hold a gun to your head to make

            you enter into it?)

5.   If there are children, do you believe it to be in their best interests?

6.  Were you under the influence of alcohol, drugs, or anything that would impair your ability to understand what you have entered into?

7.   Are you asking the Court to approve this agreement and make it the Court’s Order?

8.  And in doing so, you are waiving your right to have a trial on these issues, where you could testify, call witnesses, submit evidence, and have the Court decide these issues?  You understand that if that happened, you could come out better on some things and worse on others

9.   You also understand that once the agreement is approved it will become an Order?

10.  If you wilfully violate an Order you could be held in contempt and there are sanctions associated with that, including up to one year incarceration, up to 300 hours of community service, up to $1500 fine, and payment of the other party’s attorney fees and costs?

11.  You understand that if approved, the Order will become final?  As such, the division of property and debt are final?

12.  If alimony is waived as part of your agreement, that such waiver is final?

13.  That support-related issues may be revisited if there is a substantial change in circumstances unless your agreement states otherwise?

14.  That custody arrangements, if children are involved, are also subject to modification in the future if there is ever a substantial change in circumstances affecting them?

Posted: June 5th, 2016 | Permalink

FAQ: What Can I Expect at my No-Fault (One Year Separation) Divorce Hearing

If your case also involves a divorce on a one year continuous separation, the following questions will be asked:

  1. Usually the Court will ask you, prior to starting the hearing, whether there is any possibility of reconciliation
  2. When did you separate
  3. Have you remained separated continuously since that time, without reconciliation or cohabitation
  4. are you asking the Court to grant you a divorce based upon a one  year continuous separation

Your Witness on a One Year Separation Divorce (this should be someone who comes to your home regularly and has first-hand knowledge that you have been separated for more than one year, such as a friend, relative or neighbor):

  1. How do you know the party(ies)
  2. How long have you known the party(ies)
  3. Did you hear them testify that they separated around (date)
  4. does that dound accurate to you?
  5. Are you close to the party(ies)
  6. If they had reconciled, do you believe they would have told you?
  7. To your knowledge, have them remained separate and apart since that time
  8. Have you been to their home on a regular basis over the past year
  9. During any of those times, have you seen anything to indicate that they were residing together
  10. To your knowledge, have they in fact been separated for more than one year
Posted: June 4th, 2016 | Permalink

FAQ: Resuming A Prior Name

If your maiden or former married name is being resumed, you can expect the Court or your attorney to ask you questions similar to the following:

  1. Do you desire to resume the use of your maiden or former married name?
  2. Are you doing so to avoid creditors?
  3. Have you filed bankruptcy in your current name
  4. Are you doing so to avoid criminal prosecution
  5.  Are you aware of any warrants out in your current name
  6. Have you had your driver’s license suspended in your current name
  7.  Are you listed with the state for abusing or neglecting children
  8.  Are you under an order to pay support (alimony/child support) in your current name
  9. Are you on any terrorist watchlist

The Court or other counsel may always have additional questions.

Please be sure when you review your proposed Order that the spelling of the entire name (including middle name) is accurate.

Posted: June 3rd, 2016 | Permalink

FAQ: How Do I Write an Affidavit

In obtaining “affidavits” the Declarant (person giving the statement) should provide the information indicated below. All affidavits should be double-spaced, typed, signed, and notarized, and should be based on the individual’s first-hand observations and not hearsay.
Posted: June 2nd, 2016 | Permalink