There are, however, several things you can do to help us in this task. Insurance companies, corporations, governments and employers have teams of individuals working diligently on their side to try and decrease the value of your claim and to limit the amount of benefits payable to you. We need to work together to do everything we can to increase your overall recovery.
The following is a list of pointers put together by The Babcock Law Firm, LLC, for our clients about how they can help maximize their claim, or at least avoid destroying it. These pointers are based in part on our experience representing individuals and families. More importantly, however, these pointers are based significantly on the many years spent representing insurance companies, corporations, governments, and employers. We understand very well why the organizations and individuals on the other side of the table do the things they do because we used to represent them.
Please review these pointers and incorporate our recommendations into how you approach your case.
Documentation, Documentation, Documentation...The individuals on the other side of the table, i.e. insurance companies, corporations, governments, employers, etc., have very few and limited opportunities to communicate directly with you and/or with your medical providers. Consequently, the other side relies heavily on records, and predominately on medical records, for information when determining what benefits and compensation you are owed. What this means for you is that it is extremely important that the information contained in your records is complete and accurate.
In order to influence the information included in your records, please keep the following in mind:
Was It Something I Said?We have all seen enough episodes of NYPD Blue, Law and Order, and/or Cops to know that if the unfortunate happens and we are arrested by the police, we have "the right to remain silent and that anything you say can and will be held against you in a court of law." What clients fail to realize, however, is that the same holds true in civil, non-criminal matters. The other side can provide judges and juries anything you say about your case, your medical treatment, your injuries, or a potential settlement regardless of where it was said or your motivations for saying it. More importantly, things you say can and will sabotage your case. All too often we have seen insurance adjusters or employers who refuse to be reasonable on cases or walk away from settlement discussions because they heard that our client was bragging to their co-workers about the large settlement they were about to get.
Please keep the following in mind when you consider who you should talk to about your claim:
I Have My Eye On You!
One of the number one tools the defense industry uses to decrease the value of a claim is surveillance. We would estimate that surveillance was at least attempted on approximately 90% of our cases during our years on the defense side. Don't be fooled, the other side will be watching you!
Almost any medical provider out there will tell you that most conditions will be worse on some days and better on others. As a result, some days a client may feel fine mowing the lawn, playing football with the kids, or shopping for three hours with the husband or wife regardless of their low back, neck, head, shoulder, knee, hip, or other injuries. If the other side gets surveillance video of you performing these activities on one of these "good" days, however, they will ask your doctor, a judge, or a jury to compare your presentation on that day to the complaints in your medical records about your "bad" days. No matter how much you explain that it was a "good" day, the damage will already be done.
Also keep in mind that surveillance can take many forms. In addition to professional investigators hired by the other side, your co-workers, neighbors, doctors (or the staff in their office), and even friends can all be asked to testify regarding your activities and their observations of your behavior and physical capabilities.
Thanks for the Settlement, But What About...You are entitled to compensation for the losses that are caused by your injury. This may vary somewhat depending on the nature of your case, i.e. motor vehicle accident versus workers' compensation. One rule holds true, however. We cannot seek compensation for a loss if we don't know about it. You are the only person who can inform us of the losses you have sustained, and therefore, we must rely on you to keep us informed about your case and to provide us with information. It is difficult, if not impossible, to go back once several months or maybe even a couple of years have passed and try and remember what losses you incurred. It is important that you gather and retain information as your case proceeds.
Please keep the following pointers in mind regarding what records and information we need to get you all of the compensation you are entitled to:
We invite you to discuss the details of your personal injury, insurance dispute, or workers' compensation claim with a lawyer at The Babcock Firm, whether you're in Denver, Boulder, Aurora, Broomfield, Louisville, Lafayette, Golden, Thornton, Westminster or another Colorado city. If your case falls within our practice area and we feel our representation can benefit you, an attorney will meet with you for an in-depth consultation, at no charge. We are here to help you secure a successful outcome. Learn more about how representation works and then contact us today.
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