The role of an attorney in a personal injury case is to ensure you are properly compensated for your injuries.  Sounds simple.   In order to recover in a personal injury case you must prove negligence and damages.


                              The plaintiff or suing party must prove the other party was at fault.  And who is responsible.  Separating out the parties and who did what is not always easy.   This is what an attorney is trained to do on your behalf.    The other party usually will  not admit fault.  So you as the plaintiff will have to prove it to a jury.  And the person at fault may not want to willing provide damaging information so easily.


                Damages are based on the medical bills and future medical bills, lost wages, permanent injury, loss of earning capacity, and pain and suffering.  The argument is usually over how much for pain and suffering.  This why you need an attorney.  The insurance company is not on your side.  It is that simple.  So you need an expert to direct you through the whole process.  That is you attorney.


                In order to recover the other person must have assets to recover.   This is usually an insurance company.  It can also be your own insurance company.  If the person has no insurance or low coverage you can actually sue your own insurance company.  You have to know where to go and how to sue them if necessary.  Insurance companies are not going to volunteer such information.  There are numerous ways to hook onto other insurance policies that the average person knows nothing about.

                For example.  You are in  car accident.  The other party is at fault.  You sue them and can attach any other person's policy in their household not on the same policy as the person at fault.  And you may be able to attach any other person in your own household not on the same policy as you.  Then there is MEDPAY.  So insurance can be very complicated.  Finding additional assets that are also attachable are part of an attorney's job.    You need an expert to obtain what is rightly yours.

 Rules of the Road

                              1. Never speak to an insurance company or investigator for them.  They are not working on your behalf.

                           2.  Never sign  a general release for medical records for you insurance company or the other parties insurance company.  They will use it to get your whole medical history.

               3.  Never give a taped statement to an insurance company. If you say you are fine and an injury shows up later it will be used against you.

               4.  It may take several days or months for an injury to show up.  So keep a daily diary of your pain, medication taken, missed time from work and family events.  This is how you prove damages.  

                5.  Take pictures of your injuries and the cars involved or scene where it occurred.


Content copyright 2016. Stephen R. Cutright, Attorney. All rights reserved.

Stephen R. Cutright​