why does a personal injury attorney ask for arrest records?

by Karina Hoeger III 10 min read

If you do have a serious criminal record, your attorney may suggest waiving a jury trial and allowing a judge to decide your case. A large number of people have some kind of criminal record, but if you are injured in an accident and file a personal injury claim, you may find yourself asking how your criminal record could impact your litigation.

There are several reasons for this but the two main ones are: (1) to find a way to attack your credibility and likability, since many cases come down to this and (2) to find evidence of prior injuries to show that your current symptoms and disability are unrelated to the workplace accident or car crash.

Full Answer

The police report

It is your record of the events and facts of the accident, so you want to keep this one until the case is resolved. The police report may also include eyewitness statements, contact information for anyone else involved, and vital details for proving your case.

Car repair records

You will be asking for compensation for your property damage in a car accident, so it pays to hold onto all of your car repair records to support your claims. In addition, if you have information about the car’s value before the accident, being able to provide this will definitely bolster your case.

Pictures

If you have photos from the accident, these will be highly valuable for your case. You will need them to prove the damage to your vehicle. If you are the victim in a slip and fall case, the pictures you took of the premises in question will show whether it was unsafe and how unsafe it was. Overall, keep your photos until the case is concluded.

Medical Records

After any accident type, you must seek immediate medical help and keep up with every appointment, from your primary care physician to your specialists and rehab practitioners. Medical records are a vital part of your claim and determine how much compensation you will receive. Keep the following records on hand until the case is settled:

Employment and Income Records

You will need to demonstrate that you have lost income due to the accident (if it is the case). Showing records of your past employment will not only help prove your current lost income but your potential future income loss. The most common records that people present to the court are:

Bottom Line

Generally, you will want to maintain accurate records and keep them until the case has been concluded and you have been paid. Detailed records can mean the difference between getting the settlement you deserve and having to accept less.

What happens if you file a personal injury lawsuit?

Once you file a lawsuit in a personal injury case, the other side has a right to find out what information you have about the accident and your injuries so they can be prepared for trial, if the case doesn’t settle.

How long before a car accident should you have a medical record?

If you are making a claim for low back pain and a herniated lumbar disc from a car accident, you should know whether there are any documented complaints of low back pain in your medical records in the five or ten years before the accident. Your attorney should have most or all of your medical records.

How many breaks should I take during a deposition?

I advise taking at least one break every forty five minutes. 6. Don’t be afraid to say “I don’t remember”.

What is medical information?

Information about your medical treatment and physical condition after the injury occurred. For example, What injuries did you sustain in the accident? Who treated you? Did you go to the hospital? Did you see your family doctor? What did the orthopedic doctor do? How long did you have to stay home from work after your surgery?

Where is the Salisbury law office?

Are you looking for a Salisbury, Maryland Personal Injury Lawyer? Our Salisbury law office is located next to the Shore Bank in Downtown Salisbury, Maryland. Our building address is 100 East Main Street Salisbury, Maryland 21801 and our office is located in Suite 500-A.

Is a defense attorney a paragraph?

It should not be a paragraph, a chapter or a book. If your answer is longer than a sentence, you are giving too much information. The defense attorney is being paid by the hour to formulate intelligent questions. Let him do his job and come up with some follow-up questions.

What is the law that governs access to medical records?

Accessing medical records is governed by a number of laws established by the Federal Privacy Act of 1974, the Health Insurance Portability and Accountability Act (HIPAA), the U.S. Department of Health, the state in which you live and your employer’s policies. These days, most medical records are kept in electronic format.

What does a medical record show?

Your medical records will show what injuries you sustained, the extent of pain you experienced, what treatment was given, ...

Do you have to sign a release form to get a copy of your medical records?

Because medical records are protected from disclosure by HIPAA, you will have to sign a release form to obtain copies of your medical records. Hospitals and medical clinics have their own processes, and some may charge a fee for copies.

Can a personal injury lawyer prove that you have been hurt?

Without medical records, it’s virtually impossible for a personal injury lawyer to prove that you’ve been hurt as the result of another person’s or organization’s negligence.

Can insurance companies access medical records?

Insurance companies may ask you to sign a release form authorizing them to access your medical records directly from the doctor’ s office. This is a common practice in personal injury cases. DO NOT consent without talking to your lawyer first. During the discovery phase of a personal injury case, each side in a case may make a Request ...

How long can a defense attorney subpoena your medical records?

Defense attorneys can demand your tax returns and medical records for the previous five or seven years. They might demand all of your medical records relating to every injury that you have ever had. They might subpoena all of your employment records from every employer that you have ever had.

What to do if you can't settle a personal injury claim?

If you are unable to settle your personal injury claim, you may need to go through with a lawsuit. Here's what to expect in the personal injury litigation process.

What questions do defense attorneys ask at a deposition?

At a deposition , defense attorneys may often ask you detailed questions about every job that you have ever held in your life, every injury that you have ever had in your life, every lawsuit or workers' compensation claim that you have ever filed, every doctor that you have seen for the previous 10 years, and so on.

What happens when a defense attorney confronts you?

When the defense attorney confronts you face to face for questioning at your deposition and at trial, he/she might go after you hard if he/she thinks that you might lose your cool. Juries do not usually like angry plaintiffs, even if the plaintiff might have a legitimate reason to get angry.

What happens if you can't get a fair settlement?

If you are unable to get a fair settlement for your personal injury case, you may need to follow through with a lawsuit, and that means going through the motions of litigation -- the public court process. The words "trial" and "ordeal" are basically the same words, and personal injury litigation and personal injury trials can indeed be ordeals.

How long does it take to get a settlement in civil litigation?

Small cases can often get settled relatively quickly, but, if you are involved in even a medium-sized case, it can take several years from the date of your injury until the day that you get your settlement money. The judicial system is often a story of hurry up and wait. You just have to be prepared. There is generally nothing that your lawyer can do about it.

How long does it take to settle a civil case?

Small cases can often get settled relatively quickly, but, if you are involved in even a medium-sized case, it can take several years from the date of your injury until the day that you get your settlement money. The judicial system is often a story of hurry up and wait. You just have to be prepared. There is generally nothing that your lawyer can do about it.

What does a defense lawyer need to ask a question?

The defense lawyer must have a good faith basis to ask the question.

What happens when you bring a lawsuit?

When you bring a lawsuit the defense lawyer has a chance to ask you questions.

What is a deposition transcript?

That booklet is called a transcript. That's your deposition transcript. In legal circles a deposition is also known as an examination before trial. When you bring a lawsuit, you put your medical condition in issue.

What is medical malpractice law?

Medical malpractice law is a fascinating area of law. It is technical. It is highly specialized and requires a great deal of knowledge of medicine as well as a high degree of trial skill. In this lecture, which was designed to teach lawyers who practice in other areas of law, what they need to know about medical malpractice law in New York. Lawyers across the country

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What is the process called when you are claiming a result of someone's carelessness?

That means the defense is entitled to learn about you and your injury. They do this through a process called 'discovery'. What a trend-setting name. Discovery allows the defense lawyer to get copies of your medical records.

Is a defense lawyer fishing for information?

Not true. Every client talks to their attorney. Every client must be prepared for their deposition. The defense lawyer is just fishing for information. He's throwing his line into the water, not knowing what, if anything, he'll catch.

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The Police Report

Car Repair Records

  • You will be asking for compensation for your property damage in a car accident, so it pays to hold onto all of your car repair records to support your claims. In addition, if you have information about the car’s value before the accident, being able to provide this will definitely bolster your case. Finally, if you have statements from your car ins...
See more on attorneyatlawmagazine.com

Pictures

  • If you have photos from the accident, these will be highly valuable for your case. You will need them to prove the damage to your vehicle. If you are the victim in a slip and fall case, the pictures you took of the premises in question will show whether it was unsafe and how unsafe it was. Overall, keep your photos until the case is concluded. How long to keep: For up to one year after…
See more on attorneyatlawmagazine.com

Medical Records

  • After any accident type, you must seekimmediate medical helpand keep up with every appointment, from your primary care physician to your specialists and rehab practitioners. Medical records are a vital part of your claim and determine how much compensation you will receive. Keep the following records on hand until the case is settled: 1. Emergency medical servi…
See more on attorneyatlawmagazine.com

Employment and Income Records

  • You will need to demonstrate that you have lost income due to the accident (if it is the case). Showing records of your past employment will not only help prove your current lost income but your potential future income loss. The most common records that people present to the court are: 1. W2 forms and pay stubs 2. Bank statements 3. Profit and loss statements 4. Statements fro…
See more on attorneyatlawmagazine.com

Bottom Line

  • Generally, you will want to maintain accurate records and keep them until the case has been concluded and you have been paid. Detailed records can mean the difference between getting the settlement you deserve and having to accept less.
See more on attorneyatlawmagazine.com