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INJURY LAWYER COMMERCIAL - The accusation of fraud can be enough for suspicious jurors who are ready to assume the worst about a person, especially after being exposed to 30 years of insurance company propaganda on insurance abuse

To prevent such a situation, I advise clients to avoid using MySpace and Facebook

If this activity cannot be avoided, remind them to be cognizant of what they post and think about how it can be used against them in a personal injury lawsuit

An attorney should also review all of the client's accounts and even keep tabs on the friends' social networking sites to make sure they're not posting messages or images that would be unflattering to a group of strangers

Remember, defense lawyers can learn what their loved ones are saying and posting about them as well, especially if they're asked to testify

Take 10 minutes and Google your client

In one of my car accident cases, my client suffered severe personal injuries

But a few days before mediation and unbeknownst to me, he created a Web site offering dog grooming services, which nearly destroyed his case

The Web site was created for his wife's business, and intended for after the case resolved

But the plaintiff's name was on it and the defense lawyer accused him of working and being far less disabled then he truly was

With that, it's not only the defense attorney's job to poke holes in our clients' cases

Good personal injury lawyers find the red flags and address issues before cases are destroyed

At the beginning of each case, I make it a point to stress to the client to always tell the truth

Many clients hide information, such as a prior drunk driving arrest or poor school grades, because they are embarrassed

Understand that in this world of computers and social security numbers, everything can be discovered

Our attorneys tell our clients that if there's any basis of truth to a question being asked, admit it

There's no reason why a client cannot disclose something, and then explain the circumstances behind it

Remember, many things can be kept out of court as irrelevant and unduly prejudicial — as long as a victim admits to them and testifies truthfully

It's far better to discuss a concern with your client before the lawsuit is filed than to it is to be exposed in front of a jury

Mistake #2: Lawyers waiting too long to refer a case to a specialist Aside from advising car accident victims to take the proper steps during litigation, referring attorneys must also take caution with first-party and third-party cases alike

Understandably, many personal injury attorneys would rather settle cases themselves

But even with the best of intentions, they often wait too long to refer them

This creates several reoccurring problems that can be detrimental to a car accident case: 1

Critical documents to prove liability in Michigan truck accident cases can be destroyed within months

A trucking company is only required to keep the bulk of their records concerning a truck accident — no matter how serious the injuries or even if someone was killed — for a very short period of time

It cannot be emphasized enough to lawyers unfamiliar with truck accident law that there's only a limited window to retain log books

The destruction of these and other incredibly important pieces of evidence in serious truck accident cases is not only legal, but commonplace, and it's to be expected

As chairman of the Interstate Truck Litigation Group for the American Association for Justice, I have seen far too many examples of inexperienced lawyers failing to secure critical documents, in turn costing their clients millions of dollars

2

Lawyers often miss the one-year statute of limitations for Michigan no-fault and first-party cases, believing they have the full three years normally allowed for third-party cases

Attorneys who handle auto accident cases part-time or practice out of state often fail to recognize that there is a one-year time limit to apply for benefits in Michigan

Michigan no-fault law (also called a first-party or personal injury protection (PIP) case) covers important benefits such as wage loss, medical bills, replacement services, mileage and attendant care based upon the severity of the injuries

But if an unknowing attorney — who is not familiar with the most recent laws, or assumes Michigan law is similar to a non no-fault state where medical expenses can be added to a tort lawsuit — refers a case after the statue has expired, none of these vital benefits will be available to the client

In turn, the client will be forced to pay for them out of pocket

So please remember that in Michigan, medical bills are generally not part of the requested relief in tort cases

They are paid by the car accident victim's insurance carrier

And if an attorney misses the one-year statute of limitations, it could be a malpractice issue

3

When auto accident cases are referred too late, critical and completely debilitating injuries are frequently missed, and documentation of injuries is disregarded

Sometimes car accident victims don't understand how serious their injuries are, and therefore, do not seek appropriate treatment

Treatment for personal injuries from auto accidents is not only necessary for proper recovery, but creates a record of the injuries, which is necessary to meet Michigan's high injury threshold law for recovering damages in an auto accident case

Additionally, all car accident injuries (even minor ones) must be documented on the Michigan no- fault application for benefits

According to Ross v

Allstate, a person who suffers injuries in an automobile accident but who fails to give specific notice of each of those injuries to his no-fault insurance company within one year, can later be barred from having the insurer pay medical bills

4

Attorneys who do not handle car accident cases may not understand what documentation needs to be submitted to the insurance carrier to ensure the injured person is obtaining all benefits available under the Michigan No-Fault Act

For example, when a client has a surgery and an attorney fails to tell the client that Michigan attendant care benefits might be available, and what information needs to be obtained from their treating physicians and sent to their insurance company to ensure the client receives those benefits, it could be an issue of malpractice

Keep in mind that it's a lawyer's duty to advise clients of all no-fault benefits that are available as well as how to properly submit reasonable proof to their insurance companies

5

Attorneys that don't refer cases regularly may not understand the complicated interplay between the Michigan No-Fault Act, ERISA, worker's compensation and Medicaid

This lack of understanding could result in the wrong insurer paying for medical benefits, which could mean the injured person must repay the cost of his or her medical benefits out of pocket

In some situations, the auto accident attorney can be required to pay

A lien taken by any of the above carriers could affect a first or third-party case

Mistake # 3: Forgetting to obtain pictures and video of your client's injuries, surgeries and car damage One of the biggest problems our auto accident lawyers face — especially because many of our personal injury cases are referred to us by other attorneys a year or two after a car crash has occurred — is that accident victims do not take photos of their injuries

Taking photos is critical

Pictures are objective, credible evidence, and they help to correlate a car accident with the occupant's trauma; especially when the defense later contests that the collision wasn't severe enough to cause the claimed injuries

Additionally, taking photos and videos of injuries is compelling

It makes the injuries real, believable and vivid

Our accident lawyers advise that anytime an accident victim has a surgery or a visible injury, take pictures or send a professional photographer to document the injuries

It's also important to remember to take pictures of car damage

Crash repair estimates are often misleading and don't reflect the full amount of vehicle damage

As a lawyer specializing in helping people in serious automobile accidents, I can say it's always helpful having pictures of vehicle damage

Additionally, videos are great tools to illustrate to a jury or an insurance company adjuster just how difficult normal tasks, hobbies and activities can be for someone in the days and weeks following major trauma or surgery, such as bathing, getting dressed or doing laundry

If your client has problems carrying out everyday activities, they may likely be entitled to make an attendant care claim

Michigan attendant care benefits are sometimes referred to as nursing services

Why take pictures? According to Michigan law, victims of automobile accidents must show impairment — not pain — by proving serious impairment of body function

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