Protected: Client Introduction Letter

Dear Burnetti, P.A. Client,

I would like to provide you some very important information regarding your claim. Please read this information very carefully; I would suggest you might retain this letter in your file for future reference.

Change of Address – Contact Attorney

1. It is very important that I be able to contact you. Be sure to immediately report to me in writing any change of address and/or telephone number. If your telephone service is disconnected for any reason, please contact me and leave a telephone number of a friend, neighbor, or relative where I can reach you. My office hours are 8:30 a.m. to 5:00 p.m. Monday through Friday, and please feel free to call me at any time regarding these changes. Please do not leave town for any extended period of time without telling me how I can contact you. I will be in touch with you very shortly but if in the meantime you should have any questions, please feel free to call.

Do Not Speak to the Insurance Company

2. Do not speak to the employees or claims adjusters of the at-fault party’s insurance company. Do not speak with the at-fault party. If they contact you, please tell them my name and telephone number. You may be contacted in person or by telephone by a claims adjuster; please do not speak with them but, again, give them the above information.

Do not sign any releases for any insurance company without my prior written approval because to do so could possibly destroy any future claims.

Seeking Employment

3. You should seek the employment that your doctor says you are physically able to do. Please keep a record of all the employment opportunities that you are seeking and the job interviews and job applications you have submitted. Many cases are lost because the jury felt that the client should have looked for work and did not. When you are applying for employment, you should never be dishonest about the fact that you have been injured. At all times, tell the truth to future employers. Job application forms where you deny medical problems can later be used at a trial to prove you really were not injured or that you are dishonest.

The jury will be more receptive to your case if they think you are making a sincere and diligent effort to be productive and try to work. Frequently, clients who are given nothing by a jury for their injuries are those people who simply use their injury as an excuse to drop out and quit working.

Please notify me of the date you return to work so I can keep accurate records as to your lost earnings only for those periods of time your doctor states you were unable to work.

Video Surveillance of You

4. The insurance company may hire an investigator to follow you and take videos of you working in the yard or engaging in sports activities. These films can later be shown to a jury to refute that your injuries are as limiting as you have stated. You should be completely honest about your injuries and your physical limitations, and do not hesitate to do all that you can do under your doctor’s advice; however, do not do more than advised.

Court Papers

5. If at any time a sheriff’s deputy or process server serves you with a summons, subpoena, or notice, bring it to my office immediately.

Group Insurance, Medicare or Medicaid

6. Advise me in writing of the existence of, availability of, or payments by any group insurance plan or HMO, Medicare or Medicaid.

If you are receiving Medicare or Medicaid at the time of your incident, and if Medicare and/or Medicaid have paid any of your medical bills, a lien for re-payment of those medical bills may exist against your recovery. For example, if Medicaid paid the hospital bill after you sustained an injury and then you obtain a settlement from a third party, Medicaid may have to be reimbursed for the bills related to the injuries.

Furthermore, if you are a Medicare beneficiary and/or it is anticipated that you will become a Medicare beneficiary within 30 months, you may have to set aside part of your settlement proceeds/verdict amount to pay future medical bills.

Medicare and Medicaid issues can be complex, and must be handled on a case-by-case basis. Be assured that our firm has the expertise and confidence to deal with those difficult issues as necessary.

Doctors Appointments

7. Your doctor should be interested solely in your physical well-being. It is not necessary to discuss your legal problems with him, and we suggest that you not do so. If your doctor should ask you whether you have an attorney, tell him the truth, but do not talk about your lawsuit or about the fact that you are bringing a claim unless this information is asked directly. Discussions with your doctor about the worth of your case will damage your claim. Most doctors make complete records of all the things that their patients tell them, and the defendant will discover these records. Limit your discussions with your doctor to your physical problems and illnesses. Be truthful with your doctor. He cannot help you unless you are truthful about your injury and anything less than total truthfulness can ultimately harm your case.

Make sure your doctor knows that your injuries were caused by an accident. Describe your accident very briefly to your doctor. Do not discuss whether the accident was your fault or someone else’s fault.

It is important that you keep your doctors appointments. If for some reason you cannot make an appointment, be sure to notify the doctor and reschedule the appointment as soon as possible. Follow your doctor’s advice. If your doctor recommends you see a specialist, be sure you follow this recommendation and see a specialist. If your doctor recommends you come back in three months, make sure you return and visit your doctor in three months. If you do not follow your doctor’s instructions, the jury may assume that you are not really injured and that you are not seriously concerned about your health.

It is imperative that you notify my office as soon as the doctor discharges you or tells you to return only as needed. Be sure I am notified of each new doctor that you intend to see, and please notify me before you see him.

Be sure I get copies of all medical bills and prescription receipts promptly. If you fail to show for a doctor’s appointment, you may be charged. However, you will not be reimbursed by any insurance company for any charges for appointments that you missed.

Sometimes circumstances arise when you, your doctor, or the insurance company suggests that further treatment is not necessary. Please understand that you should not unilaterally stop treating at this suggestion(s), even if the doctor or insurance company tells you to. While a case is pending, it is almost always imperative that you continue some treatment throughout the entire life of the case for several reasons. First, such treatment will usually continue to help relieve symptoms of injuries sustained in your accident and/or relieve pain. Second, continued treatment for injuries helps document the symptoms that you are continuing to possess from the injuries. As such, never stop your treatment for injuries, regardless of who tells you to stop, without first talking to your attorney. If, for any reason, you do stop treatment all together, immediately inform your attorney that you have done so.

Psychologists

8. Many times people who are injured become depressed. Often these people will want to seek the help of a psychiatrist or psychologist. Everything that you say to a psychiatrist or psychologist will be made available to the other side in the event of a lawsuit. Many times people discuss their personal problems, such as alcoholism within the family, financial problems, etc., and these matters often can be used against you in a trial of your case. Before you consult a psychiatrist or psychologist regarding your depression, please contact my office.

Social Networking

(i.e. Facebook, MySpace, LinkedIn, Twitter, etc.)

9. Please understand that anything you post on any social media forum such as Facebook can be used against you by the opposing insurance company/party. For example, if you post pictures and/or videos showing yourself performing physical activities, those photographs and/or videos can be used in a court proceeding to show the kind of physical activities that you are capable of. Furthermore, any written statements that you make on any social media forums such as Facebook can be printed and used to cross-examine you by the opposing parties. As such, it is imperative that you be very careful about the information that you are posting on any social networking sites.

The best course of action with respect to your case is, to tell the truth, seek medical care to recover from your injury, and to do everything possible to return to work. If your claim ends with a jury trial, the jury’s decision will be based on their feelings about your truthfulness. If you are untruthful, it will show through and your claim most likely will be destroyed. It is also important that a truthful claim not be perceived to be untruthful by a jury, which is why I stress the above guidelines.

DO NOT FILE FOR BANKRUPTCY WITHOUT FIRST SPEAKING WITH ME BECAUSE TO DO SO MAY DESTROY ANY RECOVERY IN THIS CASE. IF YOU ARE CONTEMPLATING BANKRUPTCY THEN MEET WITH ME BEFORE PROCEEDING.

If you have any questions, please advise.

Sincerely,

Burnetti, P.A.

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