Advising Client

This is how I advise my client in a personal injury case: First, to get fair value  from the insurance company we must be willing and able to try the case.  Second, all trials are plays, and the theatrical formula that fits a personal injury case is Greek Tragedy. Third, the formula for successful tragedy is: a hero, who sustains adversity, does everything in his power to overcome the adversity, but cannot overcome the adversity.

Once this is understood my client is advised to do the following:

Always Tell the Truth. We never deviate from the truth. Any detour from the truth is death to our case. When my client tells the truth he does so in strong language. This means nouns and verbs. Forget adjectives and adverbs. Forget weak phrases and words like “pretty sure,” “I think,” “maybe,” “little.” Just tell it like it is from the heart.

Follow Doctors Orders. The adversity my client is dealing with is his injury. For his injury he needs to go to his doctor and listen to his doctor.  If the  doctor says physical therapy go to physical therapy. If the doctor says get an MRI then get an MRI. If my client wants to try other treatment like chiropractic then he goes to his doctor and his doctor directs chiropractic treatment.

Overcome Adversity. I push my client to move through the treatment steps. I  push my client to do everything possible to recover. On working I have my client take direction from the doctor. Whenever possible keep working. Working gives my client needed income and allows for a positive self image which means faster recovery. This assumes work is not aggravating the injury which is where the doctor needs to weigh in. 

Activities. I advise my client to get back to his pre-injury activities as soon as possible. Here my client needs to take direction from his doctor. Activities are an important barometer on recovery. If my client cannot get back to his pre-injury level of activities he has a permanent injury. For example he may have residual strength deficits and/or range of motion limitations which prevent a resumption of pre-injury activity level.

 Attempt yo Settle. When possible I attempt to settle the case when treatment is complete. When the injury is not permanent the case usually settles.  In a permanent injury case if the insurance company fails to recognize the reality of the permanent injury and offer fair value I proceed to trial. 

 

 

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