The Real Deal

If you are injured in an 'accident' where you are blaming it on the other party's 'negligence' be prepared to be required to prove your claims. Insurance companies do not give away money. They make you prove your case very strongly. Insurance companies brag how the people who purchase insurance from them are very happy with the salesman — but I have never heard of any insurance company taking any surveys about who is happiest and gets the best deal when making claims against them on what they pay out to the victim!

Proving your case always has two elements: negligence and causation. Negligence means that the person who you say is responsible for your injury must have acted in a way that was below standard, failed to use reasonable care or otherwise screwed up and was wrong in his/her actions or inactions.

Causation means you have to prove that the person who did something wrong was a cause of your injuries. For example, if someone died and you ran over them afterwards — you aren't responsible for their death or injury because your running them over had nothing to do with it — the guy died from something else — and you aren't responsible to pay them. So, you were negligent — but your negligence didn't cause the death since he was already dead when you ran him over.

This negligence + causation is central in all personal injury cases. Insurance companies keep their millions and billions by blowing smoke and confusing the issues. If you claim you hurt your back or shoulder—they will try to show that you were injured previously in those parts of your body, and so they could not have caused it — or that too much time was spent between the accident and when you first treated with a doctor — so that obviously some one else must have caused it.

And the jury will never know there is an insurance company standing behind that poor little old lady who puts you into the hospital!

That's why it is so important to see a lawyer right away who encourages you to get proper medical treatment so that the medical providers will be able to say that the negligent action was a cause of your injury.

A lot of people think that just by going to a lawyer, it's enough — but it isn't. You as a client must 1-be straight with your lawyer and tell the truth 2- go to doctors and not miss appointments 3- tell the lawyer when your condition changes 4- generally keep in contact with your lawyer and doctor since you will be depending upon them to prove your case. In other words — it takes two or more to dance — you, your lawyer and your doctor. If you don't co-operate and don't go to your appointments, or don't inform your lawyer of changes in your condition — the value of your case will go down down down. In other words — it's a two way street between you and me. And that's the real deal!

It doesn't matter that you had the injury before –so long as the injury was worsened by the new negligent event. So, if you were in an auto accident 5 years ago—hurt your neck, treated for 3 months and were fine since then--- you can still get good compensation so long as you can demonstrate, through doctors and sometimes tests (x-rays ct scans) and no subsequent treatment, that your new accident aggravated your injury. The legal statement is: you take your victim as you find him/her — and the wrongdoer cannot complain that you as a victim were made out of glass instead of out of steel. If you are more susceptible to injury than someone else — that's too bad for the wrongdoer. And make sure not to conveniently 'forget' these prior injuries that you had — because the insurance companies are very organized and will get all your medical records and go through them with a fine tooth comb — And that too is the real deal!!