Car Accident step by step process Part 3: What not to do

Social Networking.  What would we do without it.  Facebook, Twitter, Linkedin, MySpace and blogs.  It's the newest way to communicate.  

Although I believe nothing "personal" should ever go into any of these venues some feel it is necessary to tell the world about what is going on in their lives.  Okay that is fine unless you have been in a car accident.



Let me tell you a story about a man who was "hurt" on the job.  This was before the Facebook craze but it will give you an idea of the measures insurance companies will go to NOT to pay you.  He had been out of work, on workman's comp, for about six months.  Yes he was hurt.  On his wedding day (which was in a very public place) pictures were taken of him doing things that a "hurt" man could not do.  These pictures were used to close the case.

Now add Social Media to the "picture."  (hehe get it....picture)

You are hurt in a car accident.  You claim you are injured (not saying you are not). Facebook is NOT your friend.  I cannot tell you how many times my picture had ended up on Facebook...by total strangers (I'm in the background).  If you are dancing, snow or water skiing, lifting weights at the gym....you have just given the insurance company "proof" you are not hurt.

Let me tell you this.  I was hurt in a car accident.  I was hurt.  I had good days and I had bad days.  On those good days we want to enjoy life because those bad day are BAD.  The good days do not mean you are not hurt but if the pictures on Facebook, twitter, Linkedin, MySpace show you "not hurt" on those good days....what's the old saying, "A picture is worth a thousand words."   There are never pictures of you on these venues showing your bad days. Who wants pictures of you on the couch, right?  

If you are hurt in a car accident I strongly suggest you halt all social media.  If you cannot do that set all your setting to FRIENDS only.  Not friends of friends, not public, FRIENDS only!  Pictures are never a good idea even if your settings are friends only.  Public places are just that...PUBLIC!  Remember the story I told you about the man at his wedding?  Even on your good days don't go crazy out in public.

I know....it sounds like I'm saying do not enjoy yourself EVER.  I'm not saying that.  I'm saying anything you say or do can and will be used against you.  

Being hurt in a car accident is hard enough on us.  Don't add problems to your case that ARE avoidable!!  Don't hand the insurance company ammunition to deny your claim. 

Like Zeisler & Associates, Attorney at Law, PC on Facebook or visit their website.

Pueblo Office: 113 W. 12th Street  (Map it)

Colorado Springs Office:  422 E. Vermijo Ave., Suite 412 (Map it)

What not to do after a car accident

Social Networking.  What would we do without it.  Facebook, Twitter, Linkedin, MySpace and blogs.  It's the newest way to communicate.  

Although I believe nothing "personal" should ever go into any of these venues some feel it is necessary to tell the world about what is going on in their lives.  Okay that is fine unless you have been in a car accident.



Let me tell you a story about a man who was "hurt" on the job.  This was before the Facebook craze but it will give you an idea of the measures insurance companies will go to NOT to pay you.  He had been out of work, on workman's comp, for about six months.  Yes he was hurt.  On his wedding day (which was in a very public place) pictures were taken of him doing things that a "hurt" man could not do.  These pictures were used to close the case.

Now add Social Media to the "picture."  (hehe get it....picture)

You are hurt in a car accident.  You claim you are injured (not saying you are not). Facebook is NOT your friend.  I cannot tell you how many times my picture had ended up on Facebook...by total strangers (I'm in the background).  If you are dancing, snow or water skiing, lifting weights at the gym....you have just given the insurance company "proof" you are not hurt.

Let me tell you this.  I was hurt in a car accident.  I was hurt.  I had good days and I had bad days.  On those good days we want to enjoy life because those bad day are BAD.  The good days do not mean you are not hurt but if the pictures on Facebook, twitter, Linkedin, MySpace show you "not hurt" on those good days....what's the old saying, "A picture is worth a thousand words."   There are never pictures of you on these venues showing your bad days. Who wants pictures of you on the couch, right?  

If you are hurt in a car accident I strongly suggest you halt all social media.  If you cannot do that set all your setting to FRIENDS only.  Not friends of friends, not public, FRIENDS only!  Pictures are never a good idea even if your settings are friends only.  Public places are just that...PUBLIC!  Remember the story I told you about the man at his wedding?  Even on your good days don't go crazy out in public.

I know....it sounds like I'm saying do not enjoy yourself EVER.  I'm not saying that.  I'm saying anything you say or do can and will be used against you.  

Being hurt in a car accident is hard enough on us.  Don't add problems to your case that ARE avoidable!!  Don't hand the insurance company ammunition to deny your claim. 

Like Zeisler & Associates, Attorney at Law, PC on Facebook or visit their website.

Pueblo Office: 113 W. 12th Street  (Map it)

Colorado Springs Office:  422 E. Vermijo Ave., Suite 412 (Map it)

What is your accident and your time worth to you?

You want how much?

I have written before about understanding contingency fees but I want to expand on it a little more.

There are many people out in the world today that want to tell you that you will pay more doing a contingency fee than you do any other type of payment.  I want to clear the air about this:

1. I have said this before but it bears repeating:  It is the Personal Injury Attorney that assumes all the risk when taking your case.  If you don't win they do not get paid.  
2. They pay all the upfront costs to move your case forward.  Obtaining past medical records IS NOT CHEAP and they have to have the full picture to fight you case for you.  When you meet with a Personal Injury Attorney and have your consultation they are trusting what you say to determine whether they can win.  BUT the insurance companies don't trust what you say.....it has to be proved.
3. Just because there isn't any "progress" on your case doesn't mean your Attorney is not working on it every day!  It is a fight with the Insurance Companies to get you what you deserve....if it was simple you wouldn't need an Attorney.  If Insurance Companies just wrote the check they promised you...you could do it.
4. Most Personal Injury Attorney's have to return your calls, when you call, because they are on the phone with professionals or your insurance company fighting for you.  These people are very hard to get a hold of so when you have them on the phone you handle business so don't be discouraged when you have to leave a message.  Be concerned when your calls are NOT returned.

Imagine your job.  Imagine working every day to complete your job.  Imagine that you do not get paid unless the job is complete.  You dedicate time of each and every day to this job while paying out of YOUR POCKET to get the necessary information you need to do the job.  Now remember...there is no guarantee you will ever see a dime unless you do your job well.

Many of you know that I was involved in a car accident.  After my car accident I didn't have the energy to fight the Insurance Companies (mine and the other guys).  I also didn't have the time to get all my medical files together so my Attorney (Carol Zeisler) had all the facts.  I also hadn't been to a doctor in the previous ten years so she had to prove a negative.  Proving a negative is difficult...you have to prove something that does not exist.  She had to prove my injuries were not pre-existing injuries without any medical reports to do so.  I love one of Carol Zeisler's quotes when she represents a client with pre-existing injuries:

"Is there anyone on the road today that doesn't have some type of pre-existing injury?  If there is your client should have aimed better!"

This is EXACTLY the type of representation YOU want if you are in a car accident.  Someone who is going to stand up to the Insurance Companies and tell them THEY are wrong for looking for excused NOT TO PAY YOU!!!

We are smart people...we don't believe the commercials that tell us, "Buy this product and you will.....

• get rich
• get thin
• get healthy

so why do we believe the commercials that say "XYZ Attorney got me 2.2 million dollars" and think that is what they will get for us.  TRUTH.  They have to work within the same guidelines as any other Personal Injury Attorney within that State and YOUR insurance policy.  Yes, they probably did get that one client that.....but I promise you this....the circumstance behind that case are not the same as yours.  You want the Attorney on television who NEVER meets their clients....or do you want the Attorney who actually meets with YOU and is too busy fighting for your rights to make commercials.

We've all heard the term Ambulance chasers, right?

"Ambulance chasing is a term associated with lawyers. It refers to an attorney’s practice of soliciting business from accident victims or their families at the scene of an accident or disaster. Trial lawyers who specialize in representing accident victims are often described as ambulance chasers. Ambulance chasing may involve the chasing of an ambulance from an accident scene to the hospital in order to contact the victim/victim’s family members for consent to represent him or her in a lawsuit.
In the U.S., such conduct violates Rule 7.3 of the American Bar Association Model Rules of Professional Conduct. Some state bars strongly enforce rules against ambulance chasing. Ambulance chasing is severely condemned, and said to be a ground for disbarment. However, the employment by an attorney of an investigator in personal injury cases is not unethical, and it cannot be inferred from such employment alone that the attorney is engaged in ambulance chasing. [In re Mitgang, 385 Ill. 311]. The employment of investigators after an attorney has been retained is not unethical and does not give an inference that the attorney involved is engaged in "ambulance chasing." [In re Ratner, 194 Kan. 362 (Kan. 1965)]."  (uslegal.com)

Since Attorneys cannot do this anymore....they go on television and promise you the world.  The "legal" way to chase ambulances.  Find a respected Attorney that works hard for you.  Find a respected Attorney who meets with you.  Find a respected Attorney who's reputation speaks for itself....not an actor or an "actual client" on television.


Like Zeisler & Associates, Attorney at Law, PC on Facebook or visit their website.

Pueblo Office: 113 W. 12th Street  (Map it)

Colorado Springs Office:  422 E. Vermijo Ave., Suite 412 (Map it)

The good fight after a car accident

Let's face it....Insurance companies did not become a billion dollar industry because they look after you, because the take care of you, because they do the right thing.  They became a billion dollar industry because they have all these little clauses that are used when they say:

CLAIM DENIED.

Medical costs are through the roof.  Insurance premiums are through the roof.  Unemployment is through the roof.  One car accident can destroy everything you have worked hard for.

Since I started writing about car accidents many people have shared their experiences with me.  I want to share a story about one person's car accident:

A twenty-five year old girl, fresh out of college is heading to her first real job.  She started a week ago in a field that she loves, an environment she loves and co-workers that she loves.  She is going down the road (two lane highway) when two cars fly by her.  She slows down so she is not hit.  Whew, that was a close call.  She comes up to an exit and she sees one of those cars signaling to take the exit.....BUT at the last minute the person changes their mind and swerves into her lane....hitting her passenger side.  She swerves to miss it but it's too late.  The impact of the car hitting her throws her into the other lane and she is hit head on by another car. She is flown, flight for life, to the nearest hospital, and things don't look good.  She spends nine days in the ICU and another week in the hospital.  Her diagnosis:  paralysis from the neck down and mild brain damage.  Her bright future in her new job....over.  The person who caused the car accident....a few bumps and bruises.  The person who hit her head on....collapsed lung (this person was a long distance runner).  The person who caused the car accident had the state minimum for insurance 25,000/50,000 coverage.  This means that all parties get $50,000 TOTAL for their injuries in this car accident.  This girls ICU bill exceeded that!  Her insurance company says, "don't worry your insurance will pick up the difference."  Well, because she was fresh out of college and just starting her career she had the state minimums also.  While fighting for her life her family was fighting the insurance companies.

It wasn't until the family decided to hire an Attorney did things start to happen.  You see we all think of Attorneys as the bad guys.  The "scum suckers" of the earth who are only out to make a buck at our expense.  Here's the problem....who do you think are the insurance adjusters who make the final decision?  They are usually Attorneys!!! 

Yes, it is not cheap to hire an Attorney.  Yes, they do charge fees for their services.  BUT hiring the right Attorney is worth it!  We don't mind paying for services like our hair being done, nails being done but the thought of hiring an Attorney....forget it.

Here's the happy ending that I promised this girl I would share:  Her Attorney was able to get her the rehab she needed (you see her paralysis was temporary if the right rehab was used) and after a year she was able to walk again.  Her mild brain damage....with therapy was under control and was able to start her career over three years after the accident.  

So, how much do you think this was worth?  Her words, "Every penny that the Attorney was paid for her representation and more."

Not every story has a happy ending...life just does not work that way.  But if you want a fighting chance for the happy ending it is worth the good fight!!

Carol Zeisler, Attorney at Law
Personal Injury Attorney

If you would like to share your story please do.  If you would like to remain anonymous please submit your story here (anonymously) and it will come to my email.  Please tell me not to post your comment and I will not.  I will write about your story as I did hers.  I hope I did her story justice.



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Exactly what do you tell your Personal Injury Attorney?

Everything!  I could end this here but I will go on to explain:

Don't "hide" anything from your Attorney.  What they don't know can come back and hurt you.

1. Previous injuries:  You may not think it is important to tell your Attorney that you were in a car accident 10 years ago because your injuries are healed BUT if they are not aware of your past injuries than they can't fight the insurance companies when they tell them that your current injuries are pre-existing and aren't covered....and trust me the insurance companies will try.  Forewarned is forearmed.  
2. Injuries since the accident:  If you are injured after your car accident you do not want that to cause problems for your current case.  Let your Attorney know of all injuries you sustain after the car accident so they can be prepared.
3. How's your marriage?  Are you divorced or getting divorced?  If you were married at the time of the accident your spouse may be entitled to compensation and your Attorney needs to know this.
4. Bills, Bills and more Bills:  They are a headache without a car accident and get even worse afterwards because you may have medical bills and may not be able to work.  If you have filed bankruptcy or thinking of filing tell your Attorney as your settlement could become part of your estate and your settlement could go to your creditors.
5. Criminal History:  You may not think it is important that your Attorney knows you got a DUI seven years ago but the Insurance Company's Attorney will think it is important.  Most Criminal History will have no relevance to your case but you do not want your Attorney to be "surprised" by what is discovered.

Information is provided by Zeisler and Associates, Attorneys at Law, PC and is not to be construed as legal advice but for informational purposes only.

In order for Insurance Companies to avoid paying you...they have to find reasons not to.  Don't let any of those reasons be something that could have been avoided had you been honest and forthcoming with your Attorney.  And, don't think that your history cannot be discovered because to avoid paying our settlements Insurance Companies DO THEIR RESEARCH!!  Don't let your Attorney get caught by surprised. 

One very important warning:  If an Attorney says they can't represent you because of xyz, do not leave xyz out when meeting with other Attorneys.  XYZ may be something that the first Attorney is not experienced in fighting where another one is.  EVERYTHING about you is important for the Attorney to know.  I have said this before but it is worth repeating.  Don't hide anything from your Attorney.  They are there to FIGHT for you, you just need to provide them with all the ammunition that can be used against you.

Zeisler & Associates, Attorneys at Law, PC on Facebook or visit their website for more information.

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