- I was involved in an auto accident, what should I know, what should I do?
- I was hurt in an accident on someone else's property, such as a trip and fall or slip and fall. What should I do?
- How long do I have to settle my case before I lose all my rights to recover?
- The other side's insurance company wants me to make a recorded statement and to sign an authorization so they can get my medical records. Should I do either?
Q. I was involved in an auto accident, what should I know, what should I do?
A. If still at the scene, preserve it with photos, lots of photos. If a car accident, get pictures of all vehicles involved, the people involved, the street scene, including skid marks, debris, etc. If you have left the scene, via ambulance or other, call Jerrold Bodow, who can get photos as soon as possible. These evidence photos are often vital and important.
Make no statement as to your own liability. That is, do not say, It was my fault. After analysis, it may turn out to be someone else's fault. In a recent case handled by Mr. Bodow, the police initially stated on television that it appeared it was Mr. Bodow's client's fault. After further investigation, and accident reconstruction, Mr. Bodow settled the case on his clients family's behalf for $1,000.000.00.
Seek medical attention immediately if you are injured. Even if you cannot afford treatment, Mr. Bodow may be able to arrange for medical treatment with a doctor who will wait until your case is settled for payment.
Call Mr. Bodow as soon as possible for a no obligation free consultation.
Q. I was hurt in an accident on someone else's property, such as a trip and fall or slip and fall. What should I do?
A. Document the accident. If it was in commercial premises, such as a grocery store, tell them you want to make a report. If there is evidence such as a wet area, ask them to take a picture before they mop it up. If there was a bottle of something spilled, ask them to keep the bottle or give it to you. Get the names of store personnel and witnesses ASAP. If you tripped over something like torn up or uprooted driveway or sidewalk, Have someone take pictures of the place. Use a ruler to show the difference in elevation, such as a 2 inch lift or a 3 inch crack. Take pictures of the ruler overlaying the problem area. Often, property owners get these problems repaired soon after an accident is reported, making it impossible to later preserve the evidence. Call Mr. Bodow as soon as possible to make sure your rights are protected. If you have medical bills outstanding he can often have the hospital or other provider wait until the case is resolved for their payment. He can often negotiate a reduction of their bills, saving you thousands of dollars.
Q. How long do I have to settle my case before I lose all my rights to recover?
A. The period you have to file a case or lose your rights to collect from a person who caused your injuries is two years from the date of the accident in California. If a governmental agency is negligent, you have to file a demand within a much shorter time. Failure to do so may result in your loss of the right to file the lawsuit.
In any case, you should not "sit on your rights". You should seek an attorney from the beginning.
Q. The other side's insurance company wants me to make a recorded statement and to sign an authorization so they can get my medical records. Should I do either?
A. No. Once you make a statement, you are stuck with it. If you forget to say a body part was injured, then they hold it against you if you later say it was. Often, injuries to different body parts do not surface for weeks, or months. Do not make a statement about what does or doesn't ache. Do not make a recorded statement about how the accident occurred either. Speak to an attorney first!!
An medical authorization allows the other side (insurance company) to gather your medical records, supposedly from the accident to assess your bills and injuries. They often say they want them to get them paid off and analyze the value of your case. Too often, however, the authorization you sign has no dates of service attached to it. The insurance company can then go back ten, even twenty years into you personal medical records to look for similar injuries, or to find "dirt" on you. Worse yet, they have these documents, but you do not. At the Law Office of Jerrold Bodow, A.P.L.C., we never allow our clients to sign such authorizations. We collect the medical records, and send them to the other side. That way we know what they have in their possession.
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