Child and Gordon

Are there any issues that can sink my case & what is my role?

California's Premier

Personal Injury Law Firm

(888) 932-2170

Frequently Asked Questions

There are many things that a client can inadvertently say that can hurt a case, which can be taken out of context by a good defense attorney or insurance adjuster. However, here are some areas you may want to consider:

a) Clients sometimes ask their attorney to refer them to a doctor. Your attorney will handle the legal aspects of your claim. Your treating physician(s) should handle your treatment and referrals to other physicians. Child & Gordon does not refer clients to specific doctors, however, if you have been referred to a specific type of specialist but you do not have insurance to pay for such a specialist, we can recommend several physicians in that field that you can choose from that will work on a lien basis, meaning that they will send our firm the bill and we will pay them out of the recovery in your case. This will assure that you receive desperately needed medical care as a result of another’s negligence despite the fact that you do not carry health insurance.

b) Do not hide past accidents from your attorney or the insurance adjuster. The reality is that the other side likely already knows if you have been in prior accidents. All insurance companies subscribe to insurance databases that have all of this information and often the only reason they ask you about prior accidents is to test your credibility. Be honest. Tell the truth in all aspects of your case.

c) Do not hide past injuries. If you have seen a doctor in the past, there is a record in existence that the insurance company will find. If you lie about it, and the insurance company finds out, your case could be over. Ironically, having a past injury that has been exacerbated by an accident is often worth as much or more that a wholly new injury, depending on the level of exacerbation. Once again, be truthful at all costs.

d) Not having accurate tax returns in cases where you are self employed. Most of the time, a claimant will have lost income. You will only be able to claim lost income if your past tax returns are pristine. Again, being honest with your attorney is the only way to be, because he or she can deal with the problem if they know about it.

e) Misrepresenting your activity level. Insurance companies routinely hire private investigators to conduct video surveillance. If you claim that you cannot run, climb, stoop or lift, and you get caught on videotape, your claim may be over. There is no explanation that overcomes the eye of the camera. Nevertheless, if you can perform these activities but they cause increased pain, or you “pay for it later," simply say so. The attorneys at Child & Gordon are not afraid of trying cases where there has been video surveillance (and have done so on more than one occasion and prevailed) so long as the client was honest about their medical condition.