A client’s case recently went bad because of 10 year old medical records from a prior accident showing
the same injury. The client had been
involved in a small motor vehicle accident and the medical records were from “The Personal Injury Clinic” who had a business relationship with the client's lawyer. While I could not tell whether the Personal
Injury Clinic had referred the client to the lawyer or vice versa, they definitely acted together in presenting accident claims not necessarily to the best interests of the accident victim
who was their patient/client.
In part because the client spoke
English as a second language, I was able to confirm to my satisfaction that the
client did not know about the medical records or appreciate what his lawyer was
saying on his behalf. In the end, this
old case had involved small injuries compared to the client’s case
with me. At least in paper records,
the lawyer and the clinic had pretended that the small injuries were more serious. In the end, this destroyed the client's case in my office.
This client’s
experience is not unique. Attorneys,
chiropractors, physical therapists and others buy lists from police departments
of recent motor vehicle accidents.
Whether hurt or not, persons in these accidents are sent solicitation
letters promising “no expense” medical treatment and legal representation. People, particularly people who are not
hurt, report this to me and share how they are offended by the aggressiveness
of the solicitations. These businesses are "claims mills" that make money presenting small claims in large volumes.
People should be wary of clinics
and lawyers that solicit business in this way.
The businesses are “accident mills” and are more concerned about
maintaining the volume of their business instead of the individual
consequences. Both medical care and
claims are presented in an assembly line manner listing the common injuries
resulting from accidents, regardless of whether the injuries, in fact, were
incurred. The result is that, like this
client of mine, false representations are made that follow the client the rest
of his life. In the end, as in this
case harm results to the client should he be unfortunately hurt in a second
accident.
This practice highlights a second
concern if the motor vehicle accident results in small injuries. Just because someone has been injured in an
accident does not mean they should pursue a claim. For example, if the injuries are minor, the
medical treatment and recovery is routine, and out of pocket expenses have been
paid by health or other personal insurance, the benefit of a small recovery can
be outweighed by the accident victim being unfairly labelled in a later, more
serious accident as being “sue-happy” and seeking “free money” or more
seriously being falsely accused of being dishonest about his injuries.
You have to play your hand
smart. See www.Junelawyer.com
