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Judge and Gavel
Proven Advocacy since 1983

Get an Award-Winning Trial Attorney on Your Side Today

  • Richard L. Duquette

Keys to Proving Personal Injury Case

As a service to you, this newsletter contains vital information regarding the proving of your personal injury case. The emphasis of my law practice is on personal injury, such as bike, auto, and cycle cases. I have competed in Triathlons for years, including two Ironman races. Hence, I understand how an injury affects you the athlete.

Since sponsoring the Attorney for Athletes Triathlon Team, I’ve handled many auto/bicycle injury cases. If you are injured in an accident, please do the following:

REQUEST A POLICE REPORT: Don’t settle for “we don’t take reports”.

DOCUMENT ALL WITNESSES: Get the names, addresses and telephone numbers of all witnesses. This includes preserving all evidence, damaged car

SEEK IMMEDIATE MEDICAL ATTENTION: This helps prove you were hit and what your damages are. Be very careful as to what you tell medical staff.

TAKE PHOTOGRAPHS: …of your bruises, cuts, property damage (car, bike, clothes), the scene/signs, markings, and skid marks. City Streets Change!

AUTO INSURANCE COVERAGE: A special note for bicyclists: if you are hit while cycling, you may be able to recover personal injury damages from your own auto insurance policy under the motorist provision. Remember Proposition 213 limits your rights to collect uninsured only economic damages (lost wages, medical bills, car repair) if you are an uninsured or an excluded driver. So to maximize your recovery, maintain insurance coverage.

INSURANCE ADJUSTERS: When an insurance adjuster calls you, tell him or her to contact your lawyer. Do Not Let Them Tape Record You!

PROPERTY DAMAGE: Photographs and written estimates of your damages from a reputable auto repair company helps.

MEDICAL BILLS AND RECORDS: The thing to remember here is to explain to the doctor your complaints, starting from head to toe, including past injuries to the same body parts that are presently injured.

LOST WAGES: These may be dependent on your injury – medical documentation. In other words, the insurance adjuster may ask; “If you are not injured, why are you unable to work?” Have your doctor verify your non-ability to work in the form of temporary disability slip which will be your proof.

LIFESTYLE CHANGE: Here, I learn how the injury has affected my client’s life, family, job, and recreation and how it will do so in the future. Photographs of trophies or medal, if your are an athlete, or the family, people in off road vehicles, all help to prove general damages. Keep a diary of your athletic training and mileage before and after injury. this comparison makes a dramatic presentation.



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