Blog

Can an attorney subpoena your medical records during the course of your personal injury lawsuit? The answer is no. During the course of your lawsuit, whether it is a medical malpractice, car accident, or even a wrongful death case, lawyers cannot use subpoena powers during the course of your litigation in order to acquire your medical records. Instead, the only time lawyers are allowed to use subpoena powers is when they are approaching trial and during the course of a trial. What is the Regular Procedure for Obtaining Copies of Your Medical Records? If the attorney wants to attain copies of your medical records, then one of the ways to do this would be to obtain a permission slip from you, which is known as HIPAA authorization. The lawyer will take the permission slip signed by you, attach a cover letter, and send it to the concerned doctor's office or hospital, which is the main procedure for getting copies of your medical records. As your case is approaching trial, your attorney will need to get your medical records into court, so that it can be used as evidence in your case. When can the Lawyer Subpoena Your Medical Records Only then can your lawyer use a document known as a subpoena. This subpoena compels a doctor or hospital to actually produce something, or show up at trial as a witness. If your lawyer were to use subpoena powers during the pre-trial litigation phase, it would be deemed an abuse of power. You and your lawyer could get into lot of trouble for doing this, which could include a fine, sanction by court, or other punitive measures. Such punitive actions are taken because there are alternative ways to acquire medical records during the pre-trial phase, without going the route of compelling someone with a document known as a subpoena. Suppose your attorney needs to get your medical records from a municipal hospital as you are approaching trial, then he will actually have to secure a court order. The court has to approve your request and sign off on an authorization for you to go ahead and acquire the records. Common Misconception Many people are under the impression, that just because they are filing a lawsuit, their attorneys will have the power to subpoena their medical records. Especially, when the hospital or doctor's office is not voluntarily turning over the records, people think their attorneys can freely use subpoena powers. However, this is a misconception. Subpoena powers can only be used when the normal procedures to acquire medical records have failed and the doctor or hospital is refusing to provide copies of the medical records without giving any reasons. Only when regular procedures and other alternatives have failed, the court might allow your lawyer to subpoena your medical records, where the doctor or hospital will be legally compelled to grant you the copies of your records. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

Are there any repercussions if your attorney misses a deadline in your personal injury case? Does your attorney have to tell you about it? What happens if your attorney fails to show up for a conference in court that is related to your case? Every Attorney is Faced with Deadlines Lawyers in every type of cases are faced with deadlines. There are deadlines to provide certain documentation to the other side or to send papers in to the court for some work that were done before. There are deadlines to appear for conference where attorneys are required to show up. However, what happens though when your attorney misses a deadline? Does he have to tell you about it? The answer is yes. Your attorney should be telling you about it and everything that occurs in your case. What is the Best Practice? Your attorney cannot hide such information from you, and the best practice is to admit to the client whatever has happened. For instance, the lawyer can pick up the phone and tell you that there was a deadline to submit certain papers, he has missed that deadline, he is very sorry about it, and he is trying to get your case back on the right track. Your lawyer may be successful in rectifying the issue or he may not. But as an attorney, he has an obligation to tell you about everything that is happening in your case even if it is not favorable to him or paint him in the best light. No one is perfect, people make mistakes. No one wants to deal with someone who is lazy, dishonest, or is incompetent though. For instance, if there is a conference in court, all the attorneys concerned for that case are supposed to appear. What happens though if your attorney does not appear because he has made a mistake in his calendar? Well, this is a major blunder on the part of your attorney, as some judges will dismiss your whole case when the attorney fails to appear for a conference. Ameliorating the Situation Your attorney may not even realize his mistake for a few days or few weeks, and he may finally learn that your case was on the calendar, and because he did not appear your case was dismissed. Now, does he have an obligation to tell you about it? Yes, he definitely has to tell you about it because now your rights are significantly at risk. He will first have to apologize for his blunder, and then he will need to tell you what he is doing to remedy the situation. He will have to try to get your case put back on the trial calendar so that it can proceed further. Every case has deadline, every case has status conferences, and from time to time, an attorney will miss a deadline. However, it is the obligation of the attorney to notify the client about what happened and what he is going to do to steady that wavering ship. The worst situation would be that your attorney misses a deadline, does not notify you, and because of that you no longer have a case.

What is a Loss of Consortium? If you are no longer able to have sex like you used to or at all because of an accident, then can you bring your inability to have sex as part of your damages claim in the State of New York. The answer is yes. It is known as a loss of consortium claim. This fancy legal term says, because of your accident, the injuries you have suffered are now preventing you from doing those activities with your spouse as you used to be able to do. You are no longer as intimate with your spouse and have difficulties doing those activities, such as having sex. Due to somebody else's carelessness you have now suffered all these physical injuries as well, and your inability to have sex on a regular basis as you used to. Be Prepared to Answer some Uncomfortable Questions Once you sign up for this type of claim, the defense will have an opportunity to question you during the deposition, which is a pretrial question and answer session held under oath. The defense will ask some uncomfortable and direct questions, which may include: How many times a week you used to have sex with your spouse before this accident, and now after the accident how many times are you able to have sex Do you feel better being on top or under your spouse during sex Is it better to have sex when you change positions You might be asking yourself why the defense is permitted to ask you all these types of questions, intimate detailed question about your sex life. The reality is as soon as you include it in your claim, your inability to have sex as you used to, the defense has the right to ask you such questions. You opened this can of worms or Pandora’s Box. Approach of an Astute and Experienced Attorney However, there is no possible way for the defense attorney to confirm all the intimate details you provide in your testimony. Genuine and experienced defense attorneys usually focus on this issue in a very subtle and distinct way. A fine lawyer or one who has been around the block before in this line of work will usually frame the question as, "Since you have put forth a claim of loss of consortium, can you tell me in your own words how your lifestyle has been affected and in particular how your intimate relationship with your spouse has been negated because of this accident?" This will allow you to explain to the defense attorney in your own words without expressing details you would rather just remain in the bedroom. Such a testimony is much more effective and comes across much better in front of the jury during the trial compared to attorneys barraging the plaintiff with highly personal questions. Even though, defense attorneys are entitled to ask questions that would bother most people, it will come across crass and rude, and the jury may not be impressed with this side’s approach. However, you have to be prepared to answer questions of this degree when you have claimed damages for your inability to have sex after the accident. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

Can you use a property owner fixing a defective problem on his property as evidence to show that what occurred was improper and careless? Showing Liability of Property Owner Let us say you slip and fall on somebody's property, and you want to claim compensation for your injuries. You will have to show that the property owner knew or should have known about the defective condition that caused you to fall. Many times after an accident has taken place, the property owner will go ahead and fix that defective condition for the obvious reason that they do not want somebody else to be injured due to that dangerous condition. The defective condition could be a hole in the ground, or something else significant that is posing a danger to anybody who is walking on the property. You cannot Use it as Evidence According to law, you are not permitted to take into evidence the fact of the property owner fixing the dangerous condition. You cannot tell the jury that the property went ahead and fixed the defective condition, and that is clear-cut evidence showing that there was a problem there before. Well, in law, you are not permitted to use that as evidence that there was a problem before. The property owner fixing a defective condition after somebody has already been in an accident and made that issue known to everyone in the area is known as "subsequent remedial repair". Subsequent means after and remedial means the person is trying to fix the problem. Actually, it would be wonderful, if you could use that action taken by the owner as evidence―to show the jury the fact that the property owner fixed the problem after you have already been injured which means the owner is in essence admitting guilt. You would want this to be sufficient evidence to prove that the property owner is responsible for your injuries. What can You Do? However, unfortunately, the law in New York does not allow you to do that. Hence, instead, you will have to go back and look at it in one of two ways: You have to prove that you are more likely right than wrong that the property knew there was a dangerous condition You argue that the property owner should have known about the dangerous condition The fact that he fixed that particular part of his property that you were injured on, cannot be used as proof that he knew that this dangerous condition existed. You may have pointed out this flaw. The action taken by the owner does not admit guilt. In fact, he may be doing his civic duty and does not want anyone else to get hurt. If you slip and fall on snow and ice, or on defective property and you have suffered significant harm or injury, you can claim compensation by filing a personal injury lawsuit against the property owner. The property owner has an obligation to keep his property in a reasonably safe condition so that people visiting the property are not harmed. At trial, you will have to prove the property owner failed in this obligation and because of that, you were injured. The property owner may have remedied the dangerous condition after your accident to prevent further injury to passerby or customers. However, the property owner fixing a defective condition cannot be used as evidence to prove the liability of the property owner. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

Do you have to turn over your tax returns in a personal injury case such as accident case or medical malpractice case? What income and benefits have you lost because of your injuries? In a personal injury case, the key question to answer this particular question is, what type of damages or what type of injuries or disabilities you have suffered from because of someone else's carelessness. If it turns out, you are unable to work because of that injury, the question now becomes, how much income have you lost? What type of benefits did you lose? How much income did you lose from the time of the incident, up until the time of trial, and how much you are expected to lose from trial in the near future? All this information needs to be ascertained. How to Calculate Lost Income Now, if you did in fact lose income and you lost money as a direct result of the injuries you suffered, the defense will turn around and ask for your tax returns. The defense would like to see your tax returns to know what you have earned in the past few years before you suffered your injuries. The defense wants this information since they want to know how much you were earning which is pivotal. Once you provide your tax returns, the defense will have a baseline to go ahead and evaluate whether what you are claiming is true. Do you have to turn over your tax returns? However, the question is: do you really have to turn over your tax returns? The answer to this question is that you have to turn over your tax returns, only if you are self-employed. If you are working for a company, then you are not required to provide your tax returns. Instead, you will have to turn over your W-2 forms for about three years before the incident or accident took place. This gives defense the opportunity to see what you have earned year by year, and they can now calculate based upon the time you were no longer working, how much income you lost, as a direct result of their client's carelessness. In a personal injury case, the actual monetary loss suffered by you will mainly include your medical bills, all treatment costs of your injuries, and the income you have lost because you could not attend your regular work due to your injuries. Treatment costs will be calculated based on the various medical and treatment bills you have paid and will be paying in future. For the lost income, you have to show what you were earning up to a recent date, right before you were hurt, which if not available in your tax returns could be available in your pay receipts. Therefore, if you have filed a personal injury case in an accident or medical malpractice matter, you will have to turn over your tax returns only if you are self-employed. If you are working on salary for a private business then you need to turn over your W-2s. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

What is required at the End of a Personal Injury Trial? At the end of a personal injury trial, the judge will give the jury legal instructions. He will specify to the jury that they cannot deviate from these instructions, even if they do not agree with them. The jurors are finders of fact, and they will be determining who is right and who is wrong. The jury will then apply the facts that they have found, to the legal instructions that is given by the judge. Where does the Judge get the Instructions that he gives to the Jury? The presiding judge instructs the jury to consider what is admissible before delivering a verdict. There are two places where the judge sources these instructions. The first is Case Law or Common Law, which is the law that has been established over many years. The second place where the judge gets these instructions from is called the PJI or the Pattern Jury Instructions. A group of scholars across New York and practicing attorneys have united together to fashion the most important key instructions for each individual type of case, which have been put together in the PJI. If you ever navigated a ship or understand sea navigation, this is like the Rules of the Road. The judge is supposed to tell the legal instructions that fit the specific cases or which fall into specific patterns. Hence, the law will be different for a medical malpractice case or an accident case, or different from a wrongful death case. Before the judge actually begins to give instructions to the jury, he will have a conference with the attorneys, which is called a charge conference. During this conference, each of the attorneys will tell the judge what they believe the legal instructions should be. The judge will listen to legal arguments in his chambers in the presence of a court reporter, and each of the lawyers will present to the judge specific legal instructions that they believe should be given to the jury. The judge will then make rulings of law about which arguments he is going to apply, and which legal instructions he is going to apply. After the conference, the judge will go into the courtroom, make sure there are no disturbances, so that he can clearly explain to the jury all the legal instructions. The Process Explained It usually takes about an hour to explain all the particular instructions that the judge has decided to tell the jury. Once that is done, the jury will leave the courtroom and go into a separate room to begin deliberations. The jury will deliberate over whatever facts they have gathered during the trial and will arrive at a conclusion as to who is right and who is wrong. However, while doing this and while arriving at a decision, they will have to take into account the legal instructions that were given to them by the judge for this particular case. None of the jurors can ignore these instructions, and none of them can pass any verdict that is not in keeping or abiding by these instructions.

Once a personal injury lawsuit has started, you or your lawyer is obligated to provide the defense with a detailed itemized listing of exactly what your claims are and what injuries you have suffered. Additionally, your lawyer will have to itemize what your medical expenses are and something called special damages. How much are your lost earnings, how much have you spent on medicine, and how much was the hospital bill? You will have to provide the defense with all this information so that they have a firm understanding of what your claims are. This information is provided to the defense in a document called the Bill of Particulars. When do you have to provide the Bill of Particulars? When you begin a personal injury lawsuit in New York, you have to file two documents, Complaint and Summons, with the court. The Complaint is a general statement giving the basis for the lawsuit, and the Summons is sent to the defendant. After receiving these documents, the defendant will respond by sending you two documents, which are an Answer to Complaint and Demand for a Bill of Particulars. In the Answer to Complaint, the defendant will either deny the allegations, respond with a defense, or claim ignorance about the matter. How does a lawyer prepare the Bill of Particulars? Your lawyer will first gather all of your medical records that are on file. Once the personal injury lawsuit has been started, your attorney will have your medical records reviewed by a medical expert to ensure the validity of your allegations and claims. He will gather all the medical bills that you have been paying out of your pocket, as well as what your insurance has paid. Your lawyer will then inquire whether you have been attending your regular job, and if you have been absent from work due to your injuries he will gather the necessary information about your lost income and potential lost income as well. Putting all this information together, your lawyer will have to answer the detailed question that the defense gives to you, which is called the Demand for Bill of Particulars. Your lawyer will have to go through each and every question, every demand, and answer all of them correctly. He will have to identify what specific injuries you have suffered because of the wrongdoing. Importance of the Bill of Particulars There can be instances where the defense can turn around and accuse your lawyer about not answering their questions with enough specificity. Due to this, the defense will say they do not know what exactly your claims are, or what the exact amount of your medical bills is. Therefore, to make sure, no time is wasted, Demand for Bill of Particulars should be answered as thoroughly and precisely as possible. The answers can take any of these forms: Providing the required answer Inability to answer the question due to lack of sufficient information at the present time The question is objectionable

You are involved in an accident, where you slipped and fell, suffered a significant injury, and there were couple of witnesses at the scene who saw you fall. You want to claim compensation for your injuries by filing a personal injury lawsuit against the property owner. Typically, your lawyer will send an investigator to interview and talk to the witnesses. More importantly, your lawyer will want to obtain a signed statement from these witnesses. Signed Witness Statement This means, the witnesses will have to tell the investigator what exactly they saw, what they observed, and when they saw it. The investigator will get them to sign what information they have provided. Either the witness will write out a statement or the investigator will write it out for them and get them to sign it. This is important because we have now locked that person into their testimony. It allows the witnesses to capture the information about what they observed, during and shortly after the incident happened. When your personal injury lawsuit comes up for trial, which could be a year or two later after the incident, your lawyer will have to track down these witnesses and persuade them to come to court to testify. There is a decent chance that these witnesses may not remember what happened, and the witness statements can come very handy. How are these Statements Used in Court? Lawyers use witness statements in two ways. One is to refresh the witness's memory about what they remember about the incident. Secondly, these statements are also used, when the witness is testifying in court inconsistently for whatever reason by saying something that does not parallel the comments they made when giving their statement before. They may not remember or they are testifying about what they now think is the truth. This is when your lawyer will show them their signed witness statements. Your lawyer will tell them that two years ago, for instance, they had spoken to the investigator, and whatever they had told the investigator was written down and they had signed their statements, confirming what was told. The witnesses might come up with excuses as to why their testimonies have changed, but that will not matter when you have their signed statements. Therefore, having a sworn witness statement is crucial for your type of accident when there is a witness available. The statement will lock the witness into their memory, into their recollection, and once they have signed the statement confirming what they observed, they will not be able to retract from what they have said, at the time of trial. Substantiating Your Witnesses Even if the trial takes place a few years from the time of your accident, you can be confident about your witnesses' testimony, once you have their signed statements. If they have forgotten the details of what they saw, which is likely, when the trial is taking place after a long time has passed, your lawyer will simply jog their memory by reading out their statement in court. This will be the statement in which they signed and confirmed shortly after the incident.

You have suffered a horrific accident because of somebody else's carelessness and now you are recording all the details about all the pain and all the difficulties that you undergo each day. You have filed a personal injury lawsuit, and the defense attorney asks you whether you have kept a diary about the events that occurred. How should you respond to such a question. Advantages of Keeping a Pain Journal After a terrible accident, you could be at the hospital or at home recuperating. If you want to keep a pain journal and record everything that is going on with you, then it is poignant for two reasons. First, this journal documents the problems exactly that you are having day to day. Secondly, this journal helps you to go back and see how much improvement you have made over a period. Be Honest about Your Journal Now, when you decide to file a personal injury lawsuit, the defense attorney will have the opportunity to question you, during pretrial testimony known as a deposition, which is held under oath. One of the questions that the defense lawyer is most likely to ask you is whether you have kept a diary or journal, where you have kept notes about the problems you had and the treatments you received. The Defense will Question Your Different Entries in Your Journal If you have kept a pain journal, and you answer yes, what that means then is that the defense will now be entitled to see everything that you have written down in the journal. This is significant and the defense will want to do this for a key reason. The defense will want to fish for information that has nothing to do with your injuries, but can be used against you at trial, or information that shows your injuries are really not that serious. If you are keeping a pain journal or diary about all the problems, you are experiencing after the accident, just remember, the defense is going to ask you this question, and you have to respond honestly. When you accept keeping a diary, you will have to provide the defense a copy of it. The defense will thoroughly go through your diary and read every single line to find out all sorts of information. Then the defense is going to ask questions about the different entries you have made in your journal. Hence, keeping a pain journal or diary, documenting your suffering and treatment is magnificent, since it provides you with information about what you went through and the progress of your treatment. However, you will have to reveal the existence of this diary if asked during a deposition, and provide a copy of the same to the defense. The defense attorney will use the information in your diary to disprove your claim or mitigate the seriousness of your injuries. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

Is there a certain number? How many witnesses do you need to prove your civil case in New York, whether it is an accident case, medical malpractice case, or a wrongful death case. The answer is that it depends. Every single case is different, and will have its own set of facts. For example, you are a patient in a hospital, and you believe the doctor and hospital violated the basic standards of medical care. In such an instance, you will need multiple medical experts to come and testify on your behalf. Additionally, you might also need other witnesses who saw and witnessed what went on at the hospital. It could be the person sitting right near you and so on! Do not rule anyone out and treat everyone respectfully! You may need all the help you can muster in the end to win this case. What happens in a car accident case, where you are going through an intersection and somebody goes through the red light and hits your vehicle? In this case, only one or two witnesses might be available who actually saw the action sequence when the accident took place. Additionally, you will need medical experts to come in to testify about the injuries you have suffered and your medical condition. You need to Prove Liability However, the main question is, how many actual witnesses do you need to show that there is liability or responsibility on the part of the people whom you have sued for violating the rules of the road or violating the basic standards of medical care that caused you harm and injury. Based on this information, it all depends on what the set of facts were, what the circumstances were, whether there were other witnesses that saw and observed what actually occurred. On top of this, it will depend on the specialty, the type of problem you had, and what problems you are likely to have in the future because of your injuries. Therefore, there is no clear-cut simple answer, which says you only need two witnesses in a car accident case, five witnesses in a medical malpractice case, and so on. It does not work that way, since each case is so distinct. You need to look at what was done wrong, who caused the harm, who was negligent, and who violated the rules of the road or the standards of medical care. Witnesses are Critical After the lawyer has studied your case, he will start piecing together what actually happened, and which witnesses are vital to show to the jury that you are more likely right than wrong. However, it is always critical to produce witness or witnesses in support of your claim, even if the liability or wrongdoing is obvious. Secondly, in both accident cases and medical malpractice cases you will need medical experts to come and testify about your injuries, the treatment you are receiving, whether you will need ongoing treatment, or surgery in the future. In an accident case, people who have actually witnessed the accident will be important, whereas in a medical malpractice case there will be several things explained to the jury from your medical records by expert medical witnesses. Therefore, the number and type of witnesses will vary depending on the peculiarities of the individual case. There is nothing wrong with plenty of witness who all say the same thing but some witnesses are going to be more favored by your attorney than others. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

You have filed a personal injury lawsuit in the state of New York and at the end of the trial the jury has reached a verdict. However, the judge refuses to ask the jury to confirm their verdict, to make sure it is consistent with what they wrote down on the verdict sheet. What will happen if this occurs? What does polling the jury mean and why is it done? When each juror is asked individually to confirm the verdict that was returned to the court, it is called polling the jury. Each juror will be asked to render his or her verdict verbally in open court. The defense or plaintiff's attorney can ask the judge to poll the jury. This is done, to make sure that what the jury intended to put down on the verdict sheet is consistent with what the entire jury actually wanted to do. There have been instances in New York, where there have been inconsistencies, where the jury actually has been confused by the instructions, and what they put down in the verdict sheet was not correct, compared to what they actually wanted to do. What happens when it is not done? If the judge refuses to go ahead and poll the jury, to confirm the verdict put down on the verdict sheet is the same as intended, then it would be considered an error. This means the appellate court, the higher court that reviews this issue, will then send the case back down to trial to have it tried all over again. This is done because the judge failed to take that one final step, which is to confirm the jury's true verdict and true intent. What happens when the judge does not poll the jury? On the other hand, if by some chance, there is any inconsistency between what the jurors wanted to do and what is listed in the jury verdict sheet, the judge can send them back into the jury room, before they disband, before the case is finally over, and ask them to fix whatever inconsistencies have come up. This way, the right and intended verdict will be passed, and there will no longer be any inconsistencies, which the lawyer can object to, and take the case to an appellate court for review. Polling the jury is a simple step at the end of the trial, which can save the court and everybody involved in the case a lot of time, money, and effort. Lawyers will usually insist that the judge poll the jury, as there has been many instances of the jury being confused about the instructions, and not all jurors may be on board with the verdict listed on the verdict sheet. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

Trying to Picture the Accident Scene In every type of car accident, it is critical for the accident lawyer to go to the accident scene, and to see for himself where this incident occurred. There is an important reason for this. After the accident, you the injured victim are going to consult an accident attorney and you are going to explain to him, how the accident occurred. The attorney will try to form in his mind the picture of the accident scene, and he will most probably ask you additional questions inquiring about: How many intersections there were How many lanes of moving traffic there were Was the area residential or commercial Was there parking on either side of the road Was the incline of the road uphill or downhill Was the accident site just after a curve The accident lawyer will ask you many questions about the accident scene to form a correct picture in his mind. It is Critical for the Lawyer to Visit the Accident Scene However, even if you provide photos of the scene to your lawyer, taken from different angles, there is no substitute for him than going to the accident scene and looking himself. Even if those pictures have been printed out in large copy on a panoramic setting, nothing equals the human eye and mind being on that location. Visiting the scene will give your lawyer the correct perspective of where you were coming from, and the perspective of the other driver who came and hit your vehicle. All this is critical for truly understanding the dynamics of how the accident occurred. The lawyer cannot formulate in his own mind the correct accident scene by simply relying on your sentences or word pictures. Unless he physically visits the accident site, he will not be able to envision exactly what occurred as already stated. A stellar and committed lawyer will not only visit the accident scene, but also ask you to come along, so that you can point out different landmarks on the way, where your vehicle was going, and from where the other vehicle was coming before it hit your car. By doing this, the lawyer will gain a correct understanding about exactly what happened, including: Where you were at the time you saw certain events Where the other car was At the moment of impact where all this occurred in relation to the roadway, the intersection and the surroundings All this is critical for your attorney to know, so that he can correctly grasp who was responsible for the accident. If the lawyer does not visit the accident scene, he could be leaving out important details that may be critical for proving the claim of his client. The defense will be trying to prove that you are at fault for the accident or partially at fault for the accident. If your lawyer is unable to counter these defenses effectively, you will either lose your case or your compensation will be drastically reduced. If your attorney does not visit the accident scene then perhaps they are not taking your case as serious as they should. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.