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RESOURCES AND FREQUENTLY ASKED QUESTIONS
TOP TEN MISTAKES PEOPLE IN CAR ACCIDENTS MAKE
- Lien doctors and medical funding companies Using a lien doctor when you have insurance, for the first medical provider you see unless you have no other choice. There is a lot of litigation and lawmakers in several states are being lobbied by the insurance industry to make this a very bad choice for accident victims. This is especially true if there is a significant referral relationship between the large personal injury firm, usually a heavy advertiser, and the doctor. The implication is that the doctor is biased because of the desire to obtain more referrals from the law firm. Because credibility is the number one factor in all cases, you cannot afford to take a hit in this area. Unfortunately, often people would not receive medical care if they do not choose to see a doctor using a lien process, or medical funding. These providers can be necessary for allowing some clients to obtain medical treatment and the service they provide is very important and needed.
- Taking too many pictures at the scene. It's okay to take a few pictures but do not make it look like you're building a case. If your case is ever tried in front of a jury, the insurance defense lawyer will argue that you were not concerned about any injury. You were only concerned about documenting a "case."
- Prompt medical treatment. Not going to the doctor the same day or the next day because you are hoping it will get better. The longer you wait, the more the insurance adjuster or defense lawyer will claim you were not injured. Most people in significant wrecks, who are injured, seek medical attention promptly. Sometimes the pain is not significant at first so there are exceptions.
- Hiring a firm based on their slick marketing campaign or the size of the firm. In many larger firms, the client only deals with the case manager. The turnover tends to be heavy, so clients often must deal with multiple case managers during a single case.
- Giving a statement to the insurance company. Insurance company adjusters will often call you quickly after a collision and take your statement. There is almost NEVER a good reason to do this.
- Exaggerating your pain. Often patients will claim they have a 10/10 on a scale of 1-10 even weeks or months after a collision. Most people, including insurance adjusters and more importantly jurors, understand that a 10 means you are on the way to the emergency room. Never exaggerate. Juries will award significant damages if it is proven that a person will have lifelong pain where the client truthfully testifies their levels are more like 1-4, because that is credible. Of course, there are some very sad cases where the pain levels reach near 10 on a daily basis so not all cases are alike.
- Prolonged treatment without a referral. Too often clients will continue medical treatment such as chiropractic care or physical therapy for far too long without improvement, yet they do not request and receive a referral to a specialist. There may be good reasons for this but often it appears they are not really hurt. If you don't see improvement in a few weeks, as for a second opinion or a referral to a specialist.
- Social Media posts. Like most people with injuries, clients often have good days and bad days. On the good days you might find someone feeling fairly well and they may post some activity on social media. For some clients, it's like reaching out to the world and saying, "I'm still the same person, no less!" However, insurance companies will attempt to use these posts to argue the client is not really hurt. Best advice, stay off social media. Warning - do not take anything down because you could be sanctioned for destroying evidence.
- Gaps in treatment. There are often very good reasons for long periods of time between doctor visits. I never ask clients to go to the doctor just because of the case. However, if you have a legitimate injury, continue to see a medical provider and don't miss appointments. You will be better physically and mentally if you continue the care you need.
- Common Sense. Often people think because this is a legal issue all common sense goes out the window. Or the issues are too complex to exercise good judgment. The most important thing is to tell the truth and make sure you and your lawyer are on the same page. Often clients do not really understand how the case is presented. They think it is full out conflict. The irony is, the less you see litigation as warfare, the better your chances are to succeed. I can explain this concept in much great detail, but I cannot give away all the secrets.
jon hawk speaks at the 2025 southern trial lawyers association about storytelling at trial
Southern Trial Lawyers Association
Annual Mardi Gras Conference
Discovering the Story! Below are some quotes from the seminar.
"As lawyers we must put into words and images how a disability, or injury, can affect our clients? A blind person might say, “I’m blind, please help.” But a skilled advocate might say, “It’s a beautiful day and I cannot see it.” No call to action. Just a simple truthful phrase that says all that needs to be said."
"Notice the music, the sound of the coins hitting the cardboard mat and the jar, the footsteps. Only 17 words are spoken throughout the video, but the power of the message invokes emotion. What story did the video tell and was it important? How was it told? Ask yourself the same questions when finding the story in our case."