Injuries & Workers Comp
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.
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.
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.
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.
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.
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.
REPORT THE INCIDENT IMMEDIATELY.
There is a time limit within which a claim needs to be made in order to avoid additional hurdles in securing coverage for your claim. The time period? 90 days in the State of South Carolina. This is by state statutes so it varies state to state. If you do not report the incident within that time period, it is harder to secure coverage for your claim. By reporting your claim immediately after the incident, you are not only letting your employer that an incident occurred; but perhaps more importantly, you have the opportunity to share the specific details of your injury with your employer.
DO NOT DISCUSS YOUR CLAIM WITH ANYONE.
After you have reported your claim, do not discuss it with anyone other than your physicians. This means, do not discuss it any further with your employer, do not discuss it with your coemployees, do not discuss it with any nurse case managers that may be assigned and do not discuss it with the insurance adjuster. Most importantly, do not give a recorded statement to anyone, including anyone with human resources or with the insurance company.
STAY OFF SOCIAL MEDIA.
Very simple yet very important. Defense attorneys no longer need to hire and pay private investigators. They can just get on social media and see your posts. This can ruin a case. I ask all of my clients to please not get on any social media. It is critical. If you must get on it, you need to discuss this with your attorney so that your attorney can tell you what matters to avoid on social media.
DO NOT MISS YOUR DOCTOR APPOINTMENTS.
Again, this is simple. If you are genuinely hurt, you need to go to your appointments. Missing appointments implies that your injuries must not be that bad or you would go. Gaps in treatment are big problems and can be cause for denying you future benefits.
TALK TO YOUR DOCTORS.
Doctors are buzy. However, you are important. You need to make them stop and listen to you. I always tell my clients to carefully reference every single body part that is hurting them so that an accurate record is created by your doctor. If something is not mentioned in a report, it can become very difficult to seek treatment for that issue as it may not have been causally-connected to the accident by the medical report(s). Further, additional body parts may become an issue; e.g., due to overuse, months down the road. You must tell your doctor if you begin to notice that another body part is becoming affected.
BE VERY CAREFUL WHEN SIGNING SOMETHING.
If you don't know what it is, do not sign it! If you don't have an attorney, you can always call one of us and ask us what it is you are being asked to sign. I say this especially with respect to the insurance company.
WRITE THINGS DOWN.
I always tell my clients to keep a written record of what is going on as far as your injuries and how they affect you. You can then take this with you to your doctor appointments so that you don't forget to relay all information to your doctors about your injuries and how they are affecting you which is critical. Also, keep lists about what you can and cannot do due to your limitations. This should include daily living activities, hobbies, chores, etc. Depending upon your case, there may be other professionals that will need to know this information and by writing it down, you ensure that you will have not forgotten any information.
LISTEN TO YOUR DOCTORS.
Do not do anything outside the scope of any restrictions that a doctor gives you. This means at home and, if you are still working, at work. I tell my clients to always carry a copy of the restrictions on their person so that if they are asked to do something outside their limitations, they can show the written restriction. You do not want to further injure yourself.
MONITOR YOUR PRESCRIPTIONS.
I say this because it really is so important and so critical. If you take more or less than what is prescribed, the doctors will be able to see this when you are drug tested. The chances of being drug tested are high. If you have too much or not enough of the drug in your system, most doctors will not see you anymore. It is very, very difficult to find another doctor that will see you. This can be a real big problem. I always tell my clients to carefully monitor their prescriptions and make sure they are the only ones taking them and that they are taking the proper amount.
WHEN YOUR DOCTOR(S) RELEASE YOU, ASK THE APPROPRIATE QUESTIONS.
Depending upon the nature of your claim, you must ask various questions such as: Will I need additional medical treatment in the future? How much will my future medical care cost? Will i need ongoing prescriptions? Will I have permanent physical restrictions and limitations? The questions are endless and are critical when attempting to resolve your claim. You cannot properly resolve a claim without having many answers. Will you be able to work in the same positions for which you are educated and trained? You will not know how (which way) to settle your claim, until you have addressed all possible issues.
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