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Important Information Your Attorney Needs to Know Regarding Your Case | This is a confidential communication between Robert J. Neuberger and his clients

Please Read This Information Carefully

Introduction

One surprise at the trial, sprung on your by the defendant because of an incorrect or incomplete answer to your attorney, can seriously harm your case. That will not happen if your attorney knows all the facts in advance and has an opportunity to prepare. Do not fail to fully disclose information to your attorney, even if it may be embarrassing, you do not think it is important, or you do not understand why it has anything to do with your case.

Past History

• Other Accidents and Injuries: Failure to mention other accidents or injuries, no matter how trivial they may seem, can undermine your lawsuit. Your attorney needs to know every incident, whether it resulted in a claim for damage or not, stating the date, place, nature of the accident, and extent of your injuries. If none, so state.
• Illnesses: No matter how trivial an illness (if consulted a physician), either before or since your accident, we should know about it. This is particularly true if there is any connection with that illness and your present physical complaints. The defendant will have your medical and hospital records, government records, insurance records, and your complete history.
• Disease: If you have ever been treated for any affliction, please be sure to discuss it with your attorney, confidentially, long before your case goes to trial.
• Claims and Lawsuits: Many cases have been damaged beyond repair by a history of other claims and lawsuits, which the client's lawyer did not know about. It is not the fact that one has had other claims or lawsuits that is important. No one will be penalized by a judge or jury if the claims are reasonable and genuine. It is your denial of previous claims and suits that may damage your case. We need to know every claim you have ever made for personal; injury or property damage, and fill in details.
• Police Record: It is the law in Oregon, and elsewhere, that if a person has a criminal record, no matter how long ago or how mitigating the circumstances, that fact may be proven and commented on at the trial. Most defense attorneys will not bring up a person's criminal record, if they believe it will be readily admitted, since to do so will hurt, rather than help the defense. However, if they believe a person will deny conviction of a felony when the fact is otherwise, they will not hesitate to use it. The defense will make a complete investigation of your background and we must be prepared for development of unfavorable evidence. We need to know every arrest and the date, the place and charge of every felony, misdemeanor, and traffic violation made against you.

Things for you to remember

• Activities since the accident: If you suffered a serious injury in the accident, it is possible the opposing side already has or will take movies or pictures of you. This is done with a telescopic lens and you may never know it has been done, until the pictures are presented in court to show that you are able to do something which you have either denied or neglected to mention that you are able to do. Do not be trapped. Many times undercover agents, male or female, will arrange for an emergency situation to confront you requiring some exceptional physical activity on your part. Illustrations are too numerous to name. However, we will list a few examples:
  1. Air may be let out of one of the tires of your automobile so that you will undertake to change tires. At such time you may be photographed
  2. You may be offered money to lift a heavy package or piece of furniture
  3. You may be encouraged to participate in an athletic event such as bowling, baseball or basketball, golf or tennis.

We need to know any unusual activities in which you have engaged since your injury. Also inform us of any such incidents in the future.

• Witnesses: You should provide your attorney immediately with a list of all the witnesses and their addresses, and any other people who may be of assistance in testifying concerning your case.
• Case processing time: Please bear in mind that patience in the handling of your case can be rewarding to you. Attempting to rush your case through to a conclusion does not produce good results. Much work must be done behind the scenes before your case can be settled or filed in court. The court calendars are such that it takes a considerable length of time, usually about a year from the date the case is filed, to get to trial. Many hurdles must be overcome before your case will be ready for trial.
  1. While your case is being prepared, your attorney will be doing many things and much work on your case. It is not always feasible for all of these matters to be communicated to you. Simply because you do not hear about each detail of the proceedings does not mean that your case is not being properly handled.
  2. Moreover, the particular type of law your attorney practices requires numerous court appearances and attendance at a great many depositions. It will facilitate matters if you make a practice of writing or calling about important matters. If your attorney is not available for your call, please leave a detailed message or schedule a specific time for your attorney to call you back.
• Statement regarding accidents: Under no circumstances should you give statements concerning the accident or your injuries, verbal or written, to investigators, insurance companies, or others (sometimes investigators pose as trade-people), without first consulting your attorney.
  1. If your own insurance company sends a representative or requests a statement from you, you are required to reasonably cooperate with them. However you should first make certain that the person truly represents your own company. Second, you should call your attorney before giving information to the insurance company.
  2. Do not sign any statement, even for your own company, without first giving your attorney an opportunity to review the statement and to receive or make a copy of it.
• Doctor's Examination: You may be requested, from time to time, to see doctors for examinations (x-rays or laboratory tests) either by your own company or be the adverse party company. No such examinations should be permitted without first consulting your attorney.
• Evidence: Evidence is the heart of your case. If there are any physical marks on your body, such as extensive bruises, cuts, swelling or deformities from the accident, they should be photographed, if possible.
1. If an automobile case and your car has been damaged, it should be photographed before being repaired.
2. If your case involves falling, or if you were a pedestrian and were struck by a car, your shoes and other clothing should be preserved in their damaged condition and should not be laundered or repaired.
3. If you were a pedestrian, the color and exact nature of the clothing you were wearing may be important. The garments should be preserved in their original condition and should be delivered to your attorney's office for safekeeping.
4. If you were injured by a defective product, it must be safely preserved, stored, and protected from the elements.
• Possible benefits to which you may be entitled: Experience has shown that many persons are not aware of certain benefits to which they may be entitled in the event of injuries. For example, there are benefits that may accrue in the form of weekly compensation and hospital benefits. You may also have medical reimbursement coverage on your own automobile, the automobiles of relatives in your household, the automobile in which you were riding, one or more of which may entitle you to $10,000 or more of medical expenses. Your own automobile insurance may also provide disability coverage. We are pleased to discuss these benefits with you.
  1. A person who is permanently disabled may have rights concerning Social Security benefits. If you feel you are entitled to any state or federal benefits, please ask.
  2. When a person is hurt in the course of employment, certain Workers' Compensation benefits accrue. If you feel you are entitled to these benefits, consult us.
• Remember to consult our office before, not after, you have done something affecting your case.

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