Posts Tagged ‘personal injury’

Personal Injury Claim Depositions

Part of the dirty work of litigation is having to go through depositions.  As I explain that to my daughter, a deposition is a meeting where attorneys try to catch other attorney’s clients in telling lies or not knowing what they’re talking about while their attorney watches and tries to stop them.  It’s really dumb!

But it’s part of what we do.  When my clients are deposed, generally I give them the following guidelines to help them understand how to respond.


Tell the truth

Answer ONLY the question you are ASKED

  • Do not volunteer extras; just answer what you are asked
  • Think before you speak. A short pause to gather your thoughts and make sure you understand the question and your answer is fine

Answer ONLY when you understand the question

  • Make sure you understand what they are asking for, and then answer ONLY what you are asked

You can only testify to what you know

  • “I don’t know” is a completely acceptable answer
  • If you don’t know, don’t guess or try to be helpful in a response

Be careful how you answer

  • Simple answers are best: “Yes”, “No”, “I don’t know.” Are the best answers
  • Characterizing your answer with words like “honestly,” or “to tell the truth” are NOT acceptable
  • Don’t adopt the questioner’s opinion; listen to how the question is asked
  • When you have finished the answer, be quiet. DON’T feel the need to fill in silence
  • Watch compound questions

Documents…be careful

  • If you are asked about a document, don’t comment on it until you read it, then answer carefully

Breaks are fine

  • If you need a break for any reason, you can ask for one

I can go off the record/you cannot

  • Lawyers may chat, and that doesn’t necessarily mean anything
  • EVERYTHING you say can be used against you

If I object, stop talking until I give you instructions

  • Objections are for lawyers. Just hang out until I tell you to talk again

No one is perfect

  • They will get some points…it’s fine
  • If you are caught in an inconsistency don’t collapse. Just deal with questions one by one
  • Everyone makes mistakes. Don’t get upset

As I think about it, these guidelines aren’t a crazy way to answer any questions from people that aren’t your friends.  Try it out in real life and see how it works.

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Hit & Run Auto Accident Claims

It’s already tough enough being in an auto accident.  You’re hurt, you have a busted up car, and life is harder than it needs to be.  What makes it even worse is when the knucklehead who caused the accident flees the scene.  What do you do then?

Obviously, the most important thing is your health and safety, and the health and safety of everyone involved.  Check to make sure you’re taking care of that stuff first, then worry about the knucklehead.

After that, see if you can get any identifying info.  Take a picture before s/he runs? Of the person, the car, the tag?  Get any witness statements that you can.  Don’t forget their names and contact info.

Of course, you want to call law enforcement if that’s not already done.  Depending on the situation, they might be able to catch the person quickly, or at least track them down eventually.

What gets really frustrating is when the owner of the hit and run vehicle reports their vehicle stolen shortly after the accident.  This often occurs when abysmally unscrupulous people try to avoid consequences for their negligence, hoping that someone will believe their tale.  Sadly, it sometimes works.  But if you get law enforcement involved, and you’re luckier than you have been so far, that theory can be sunk.  Were the keys in the car?  That’s prima facie evidence of permission to drive.  Is the owner of the car mysteriously injured, kind of like they were just involved in an auto accident?  Any witnesses?

Whether or not you can put the right person in the bad guy’s car can really affect your insurance coverage situation.  Is this a liability claim, or did it just become an uninsured motorist claim?  We’ll have to see…

Injury claims are hard enough to deal with.  When you’re dealing with knuckleheads who lie, it only makes matters worse.  Get an attorney to help.  Get me to help.

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Medicare and Your Auto Accident Injury Claim


In general, the way auto injury claims work in North Carolina is that they hit you, you get treatment, then their insurance pays you for your losses.  Easy peasy, right?  Well, it’s not that simple, and if you have Medicare, it’s way more complicated.

When you have Medicare, they should pay for your treatment.  Don’t let the hospital tell you they can’t/won’t bill them.  They should take your health insurance, whether it’s Medicare or not!

But it gets even more complicated.  When negotiating the settlement of you claim, you need to take into account what Medicare is going to want back.  That’s right, you’re going to have to pay something out of your settlement to Medicare after you settle the claim.

Early in your claim, you should (or your attorney should) send a letter to Medicare asking them for a Conditional Payment amount.  This can take months, so the sooner you ask the better.  This is the amount you use for negotiation purposes to determine what you’ll have to pay them back from the settlement.

This will sound backwards, I know, but bear with me.  AFTER you settle the case, yes, AFTER you settle the case, you THEN ask Medicare for their Final Payment amount, which is the amount they really do want back.  It’s normally less than the Conditional Payment number, but doesn’t have to be.  Medicare does take into account the cost of recovery (attorney’s fees, etc.), so that helps.

In a nutshell, it’s complicated, which is why you should seek competent legal representation.  Call a personal injury lawyer. Heck, call me!  919-929-2992.

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Contact Jeffrey

Jeffrey Allen Howard, Attorney at Law, PLLC
1829 E. Franklin St. - Bldg 600
Chapel Hill, NC 27514

(P) 919-929-2992
(F) 919-636-4779

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