It’s important to write down the name of every medical provider who provided treatment to you after the accident.  It begins with the ambulance service and first responders and continues with every physician who may have only examined you one time.  Your lawyer will have you execute a HIPAA-authorized medical authorization or medical release, so that a request can be made to obtain a certified copy of all medical records on file with that provider

An individual physician who sees you may maintain personal notes or narratives at his individual medical practice — Even if you are being treated at a hospital or clinic – so it’s also imperative to make a request to that individual physician in addition to the clinic or hospital.  Your lawyer can then organize the records (and medical bills) in a way that gives the insurance company a complete picture of how the car collision has changed your life.  This is also true for all medication and pharmaceutical records – requests should be sent to all pharmacies where you have picked up prescriptions, even if the cost was covered by insurance.

Sometimes, if you have aggravated an existing injury, it may be important to obtain prior medical records to determine how this collision has exacerbated a pre-existing injury or has exploited an unfortunate condition, such as hemophilia.  Lawyers learn in law school that the “eggshell skull rule” applies, and you should be compensated if a car collision caused you to have a bleeding incident that may not have affected someone without hemophilia in the same way.

When investigating the facts of the crash, it’s important to obtain incident reports from all law enforcement agencies who worked the accident.  Sometimes, a fire truck may show up, so make a request to that entity to find out if anyone wrote up a report to view its contents.  They can make great witnesses about what they saw when they arrived on the scene.  Order a copy of the 911 call to find out what was said to the operator (and by whom).  

Conducting a full investigation like this is the only way to maximize your compensation.  As a personal injury lawyer trusts might attest, compiling a full report to submit to the insurance adjuster (or potentially a jury) is the best way to be compensated for the injuries you sustained.  

For these reasons, it is always best to contact a lawyer to help you through a situation like this to (1) help you through the process while you’re recovering and (2) to maximize your benefits to ensure all of your injuries are appropriately compensated.  

• What is your background and driving history? Questions about background and driving history should obtain basic identification information such as names and addresses used, driver’s license and car insurance information, and information about other car accidents the deponent was involved in. Questions that explore the deponent’s family and educational background, criminal history, and any other civil lawsuits they have been a party to should also be asked in this portion of the deposition.

• How did the accident happen? The quality of the questions asked to obtain the deponent’s version of how the accident happen can make or break a case. Well-crafted questions should garner complete responses related to all aspects of the accident such as when and where the accident happened, traffic and weather conditions at the accident scene, known witnesses, and the deponent’s mental and physical condition at the time of the crash.

• What damages are you claiming were caused by the accident? Arriving at a true valuation of the damages alleged to have been caused by the accident should form the basis of the third key question in a car accident deposition. To assess the viability of these claims, the questioner will want to know whether the deponent had prior health issues that may been made worse by the accident, the identity of medical providers and what services they provided, deponent’s current prognosis, and whether they will need future medical care. The deponent should also be asked about how the accident affected their ability to work, and their activities of daily living.

Thanks to our friends and contributors from Capital Reporting Company for their insight into personal injury depositions.

Zofran is a drug that has been approved by the FDA to treat nausea associated with chemotherapy, radiation therapy, and post-surgery. However, it has widely been prescribed “off-label” to help pregnant women who are experiencing nausea during morning sickness. In short, it was never tested or approved for use in pregnant women, and has been linked to a number of serious birth defects.If you or your child has suffered injuries due to the use of Zofran, here is some useful information from an experienced personal injury lawyer:

Birth defects have been medically linked to Zofran use

GlaxoSmithKline, the manufacturer of Zofran, was ordered by the United States Department of Justice to pay a $3 billion fine in 2012 for illegally promoting its medicine, fraud, and failing to report safety data. At the time, this was the largest healthcare fraud settlement in the history of the country. If you have taken this drug during pregnancy, and you or your child suffered complications, you may be entitled to recover compensation for damages.

Some of the birth defects and injuries that have been linked to Zofran include:

• Infant death
• Heart defects
• Cleft lip or palate
• Low birth weight
• Kidney malformations
• Fetal growth restrictions
• Musculoskeletal abnormalities
• Damages You May Be Eligible to Recover

Do you think you may have a Zofran personal injury case? Now is the time to act. If you or your child has suffered injury or birth defects due to the use of Zofran during pregnancy, it is possible to recover losses for these injuries, mental and emotional distress, and other damages against the manufacturer.

For more information on personal injury claims, or to discuss your particular case with an experienced professional, contact a lawyer with experience in pharmaceutical class action litigation today.

As is to be expected, the non-lawyer segment of the population has varying degrees of knowledge about many different legal issues. The level of knowledge or insight ranges from, “I’ve never even heard of that” up to, and including, “I’ve been through that very thing!” However, there seems to be a few legal matters that even young people are at least familiar with perhaps the most common knowledge being about the hit and run car accident. Society is aware of the hit and run, in part, because we see it in the movies, read about it online, and some of us even go through it. Beyond that, the hit and run accident is a fairly easy concept because the name of the accident even explains exactly what occurred!

That said, while many people are familiar with the concept of the hit and run, the rights of a victim of a hit and run are frequently misunderstood. I hope this article sheds light on the realities of the hit and run as I work to dispel the top 5 myths about hit and run accident claims.

MYTH 1 – I was involved in a hit and run so I’m out of luck! 

FALSE – If you are injured in a hit and run, you likely have recourse! In many states, car insurance policies have mandatory Uninsured Motorist (UM) coverage and in other states it can be purchased as add on coverage. UM coverage is in place in case you are injured by someone who does not carry any insurance. And, somewhat obviously, a hit and run driver is considered “uninsured” since we don’t know what (if any) insurance they carry.  This scenario may play out differently depending on your particular state and insurance company but you should always have an experienced car accident attorney review your options with you following a hit and run.

MYTH 2 – Another car swerved at me causing me to go off the road and become injured. Since they didn’t hit me, there is nothing I can do.

FALSE – many states follow the “no-contact” rule which means that a hit and run driver need not necessarily make contact with your car in order for you to pursue a claim.

MYTH 3 – I didn’t get any information about the hit and run driver or his car so there is nothing I can do.

FALSE – in many hit and run situations, it may be virtually impossible to obtain information about the offending driver. When that is the situation, you can likely make a UM claim against your own policy. However, some states and some insurance policies require that you make your best effort at obtaining as much information as possible before your claim will be honored. Therefore, it is always a good practice to get as much detail and information as possible.

MYTH 4 – The other driver fled the scene – it must be her fault.

FALSE – although this is a logical assumption, it isn’t always the case. I have seen countless cases in which one driver involved in a crash flees the scene due to fear, an outstanding warrant, or a lack of insurance. Simply because they flee, doesn’t mean they were the cause of a car accident.

MYTH 5 – A jury will surely side with me…the other driver ran!

FALSE – in some cases, the fleeing driver is caught following a car accident and, when they are, the other involved party often believes this myth. However, depending on jurisdiction, a jury might not ever even hear that the other driver fled. A common defense “trick” is to simply admit it was their client’s fault and, by virtue of this admission, the fact the driver fled may be inadmissible (depending on jurisdiction).

The list of myths and misconceptions about hit and run accidents could go on for pages but the myths above are the ones I most commonly encounter and I hope my brief explanations serve as a starting point should you or a loved one be involved in a hit and run car accident. An experienced Roseville MN personal injury lawyer will be able to discuss these points and many more.

Thanks to our friends and co-contributors at Johnston | Martineau, PLLP for their added insight into hit and run accident claims.