California Personal Injury Claims - Part 1 Of 2
Personal injury is a big deal. It is a painful and frustrating thing to deal with. In many cases, it can have devastating effects on your life and your loved ones. Our greatest hope in times of any injury can be for a full and complete recovery, physically, financially, and emotionally.
The following is a guide to personal injury accidents, when dealing with the person that injured you and their insurance company. These tips and pointers are based on California personal injury law. Although your State's laws may be the same or similar, if you have a claim outside of California, you should consult an attorney in that State for advice.
When personal injury is caused by another, some of the things that are compensated for include:
- Property damage: any personal property that was damaged or destroyed in the accident, such as your vehicle and any other personal effects;
- Pain and suffering: any physical and/or psychological pain or distress caused by the accident and its effects;
- Medical treatment costs: all hospital expenses, doctor bills, rehabilitation costs, even psychological counseling costs, as well as any other treatment costs required for your complete recovery;
- Future medical care costs: including any follow-up surgeries, doctor visits, rehabilitation costs, assisted care expenses during your convalescence, as well as any medications and diagnostic evaluations during your recovery;
- Lost wages: any earnings lost as a result of your inability to work because of your injuries and during your recovery period; and,
- Lost future earning capacity: any earnings you will lose as result of a reduction in your ability to work in the future because of your injuries.
Following an accident, there are some things you may do or say, even with the best of intentions, that may be used against you later to reduce the amount of damages that you are otherwise rightfully entitled to recover.
The following are some things to avoid.
- Do not admit guilt, claim responsibility, or make an "excited utterance."
Generally, hearsay evidence is inadmissible in court. Testimony that "he said" this or "she said" that is considered questionable and often excluded from evidence because it is difficult to gauge the accuracy of such statements without having actually witnessed it.
However, an exception is hearsay that is considered to be an "excited utterance"." These are statements made in an excited state, such as immediately following an accident. Courts consider statements made in an excited state to be honest, and therefore allowable as evidence even if presented as hearsay.
For example, the driver of a vehicle that just caused an accident might jump out of the car and exclaim, "oh my gosh, I didn't see you, I didn't notice the light was red, I was on my cell phone, this is all my fault!" A witness to these statements will be able to quote these statements later in court even though it will constitute hearsay at that time.
As the victim of an accident, during the heat of the moment and rush of adrenaline, you may feel compelled to say things like, "I'm ok, I'm not hurt, it wasn't your fault," etc. Beware that even if statements such as these prove not to be true later, the simple fact that you said them can still be used against you. So, it is better not to say them in the first place.
- Do not deny injury or decline medical treatment.
In many instances, especially with adrenaline pumping through your body, immediately following an accident, you may not actually "feel" your injuries until sometime later. In extreme cases, you could have a significant internal injury that you do not feel until much later. Head injuries, internal bleeding, or organ damage can often take days before its symptoms surface yet can have devastating effects.
When in doubt, go to the hospital and get checked out. The last thing you want is to slip in to a coma (or worse) the next day because of a slow brain hemorrhage caused during an accident, after which you said you were fine because you didn't feel anything right away. Even worse, your statement that you felt fine could be used against you later.
- Do not give a recorded statement.
Insurance claims adjusters are highly trained at defending claims. That's their job. They know what hearsay evidence is and that it is often inadmissible in court.
To get around this, sometimes they will try to get you to make a recorded statement, either over the phone or in person, by their own efforts or through the help of a hired investigator. It is not uncommon for them to try to take your statement while you are still in the hospital and even while you are under the influence of heavy pain medication.
No matter what the circumstance, keep in mind, there is nothing you can say in a recorded statement that will help your claim, and you have absolutely no obligation whatsoever to give a recorded statement to anyone, ever.
There is nothing you can say that will change the claims adjuster's perspective. They are harvesting evidence to support their own case. The only thing a recorded statement can ever accomplish is to hurt your claim and improve the adjuster's case against you.
- Do not sign any documents.
As unbelievable as it may be that someone from the insurance company would actually try to take your statement while you're heavily medicated in the hospital, it is also not unheard of for someone to try to get you to sign settlement documents for pennies while you're barely coherent. If you remember nothing else from this article, remember, do not sign any documents whatsoever unless you are clear headed, and after you have had an opportunity to speak with an attorney.
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