If you have been in an accident and have the ability to photograph (or ask someone else on the scene) the damage caused, don’t waste the opportunity to create a documentary trail that could be crucial evidence in the event you need to litigate.

Virtually every attorney will tell you to document your ideal in full, including keeping a journal and taking photographs throughout your ordeal. Photographs of any sustained injuries throughout various stages of progression (at the accident scene, at the hospital, after the hospital, and intermittently thereafter), including medical equipment you may be required to wear or use (such as sutures, braces, casts, orthopedic walking boots, bandages, etc.) can be helpful in establishing the validity and extent of your claim. These elements help bolster your claim and provide documented proof of your injury, and your subsequent pain and suffering.

Especially helpful are photographs of your damaged automobile or motorcycle because they will clearly show the type of damage and its extent to your vehicle as well as the violent forces your body was subjected to in the collision. Photographs of the accident scene and of the other party’s damaged car or truck (including its license plates), can also be quite valuable to your claim.

Give all copies of these photographs to the attorneys at Turner & Turner. Your photos, which we can present as exhibits to any liable parties, including insurance companies and other responsible parties to any subsequent lawsuit, will help in presenting a clearer understanding of the situation you have endured in its entirety.

If litigation becomes necessary, those photographs will help a mediator better understand the value of your claim; and, beyond that, your photographs can be used by a judge or jury to help bolster your case so an accurate decision and amount of compensation can be rendered.

BACKUP and MAKE COPIES

Any documentation, including photos taken and stored on your phone, should be backed up to ensure nothing gets lost. Apps like Google Photos and Apple Photos can be configured to automatically sync your phone and store a copy of photos in a cloud storage site.

Similarly, any memorializing you do, like keeping a journal and recounting the accident, or documenting your injuries and the process of healing, should be backed up. If it is electronic, store copies on a peripheral device like a thumb drive. Make a third backup onto a cloud server. Don’t rely on the storage of one source (your phone, computer, etc.), because accidents happen. Things break and items can get lost. Being redundant with your evidence ensures its availability.

Call Turner Law today and learn how we can help you receive compensation for an injury sustained due to negligence, recklessness, or another fault beyond your control, but not the person or entity where your injury occurred.

Call Turner today at (248) 355-1727.

At Turner Law, we want our clients to focus on getting better and rebuilding their lives while we handle legal issues and insurance companies. And while no victim is expected to litigate their own case, a few simple steps can go a long way in helping build a strong case.

Here are a few important things to keep in mind that can help your attorney as your personal injury case moves forward:

1. FOLLOW UP WITH YOUR DOCTOR.

Your health and well-being are more important than anything, which is why you should always follow up with your doctor. Keeping consistent with medical care can also have positive effects for your case. Why?

1. Not following up can put your health at risk. Even if you “feel fine” or believe you can tough it out, there may be medical issues you don’t know about that can become emergencies.
2. Not following up with your doctor may provide ammunition to insurance companies that want to argue you were not injured or really hurt in your accident, even if you were.
3. Following up with doctor appointments creates a verifiable record of your injuries, your pain and suffering, and how they affect your life – all important pieces of evidence in your case.

2. LISTEN TO YOUR DOCTOR’S RECOMMENDATIONS AND CONTINUE TREATING.

Just as we advise clients to follow up, we also encourage them to listen to their doctor’s recommendations. There are a few reasons why:

1. Your injuries may not fully heal and you may risk future health problems that do not become apparent until after your personal injury case is resolved.
2. You will not be able to recover compensation for health problems you experience after your case is resolved, even if they are related to your accident (i.e., medical bills, lost income, etc.).
3. Insurance companies may think your injuries have healed or that you are no longer in pain, even if that is not the case, and use that to pay you less.

Medical treatment is important for your health and it can provide evidence about your injuries, pain and suffering, and related losses. Continuing treatment and heeding your doctor’s advice can also limit insurance companies from arguing that because you waited to seek care or stopped treating, you weren’t really injured or seriously hurt, even if you were in pain all along.

This is not just a common tactic used by insurers to limit liability; it is also a lesson about how important documentation and paper trails can be when it comes to supporting your claim.

3. SAVE IMPORTANT RECORDS & DOCUMENTATION.

If you can, collect and preserve as much documentation as possible about your case and keep records in a safe place so you can easily find them.

Important things to save:

• Medical and mental health records related to your injuries.
• A list of doctors and specialists you have seen.
• Letters or e-mails from insurance companies.
• Copies of accident reports or police reports if available.
• Employer notes and documents showing missed work / lost income.
• Photos or videos of an accident scene, property damage, and visible injuries.
• Contact information for all involved parties and witnesses.
• Gathering documentation can be tough for victims who suffer severe injuries or have other important things to address. Our team at Drake Law Firm can help obtain the necessary information needed for your case and ensure it is used appropriately.

4. WRITE DOWN EVERYTHING YOU CAN REMEMBER ABOUT YOUR ACCIDENT.

As soon as possible after your accident, write down everything you can remember about what happened or have someone write it down for you.

Personal injury cases take time to resolve, which can cause us to forget certain details and or have trouble remembering important facts. By writing everything down after your accident, you can record details while they are still fresh and be able to reference them later if needed.

5. DON’T SPEAK TO THE INSURANCE COMPANY.

Insurance companies are not on your side. They represent their own policyholders and their own interests. They employ many tactics to make their case stronger and avoid paying what you deserve. Remember:

1. If the insurance company calls, you can tell them you have a lawyer and give them your attorney’s contact information. You have no obligation to speak with insurance companies.
2. Be wary of settlement offers, especially early in your case when you are still treating and do not yet know the extent of your damages. Insurance companies want to quickly settle claims for less than victims deserve. If you have received an offer, we can help assess whether it is fair.
3. Insurance companies are corporations that put profits over people and they use many tactics to dispute valid claims. This includes getting using your own words against you.

6. DON’T DISCUSS THE DETAILS OF YOUR CASE.

Even good and honest people can find themselves in trouble when their words are misinterpreted or taken out of context. In addition to not speaking with the insurance company, it may be wise to avoid discussing too much about your case with others or posting too much about your case on social media.

It is easy to say something that can be taken out of context and, in some cases, that’s exactly what insurance companies want. To protect your right to compensation, it is best to avoid discussing your case in too much detail.

7. DON’T BE AFRAID TO ASK YOUR ATTORNEY QUESTIONS.

At Turner Law, we want our clients to feel informed about their case and their rights. This is why we tell them to bring any questions they have to our team so we can address them immediately. As a personal injury victim, it’s natural to have questions, so you shouldn’t feel you are inconveniencing your attorney if you do.

If you or someone you love has been injured in a preventable accident, Turner & Turner can explore your options for seeking the financial recovery you deserve. Our award-winning attorneys serve clients across Michigan.

Contact us TODAY to request a FREE case review. Call Turner & Turner at (248) 355-1727.

To learn about requesting an accident report, click here.

To see a sample accident report, click here.

Your accident report might be confusing to read and understand. Most people aren’t familiar with these documents and find it challenging to determine what all of the information means. Below is an outline of what you might find in your accident report so you can decipher every detail correctly.

Basic Information

Most accident reports have a box at the top of the first page with basic details about the accident, such as:

• Date and time of the collision
• Crash report number
• Name of the investigating officer
• Street, road, intersections, city or town, and state the accident happened
• Vehicle Driver Information

Details about every driver involved in the collision are in the next section. If there’s more than one driver, the report should include information for each one. The details in this section might show:

• Driver’s name, address, and phone number
• Name of the vehicle owner
• Vehicle owner’s address and phone number
• Year, color, make, and model of the car
• License plate number and vehicle identification number
• Motorist’s driver’s license number and the state of issuance
• Auto insurance company, policy number, and policyholder’s name
• Vehicle Occupants and Non-Motorists

Anyone else involved in the accident, including bicyclists, pedestrians, and passengers in the cars, will be in this section. The information provided can include:

• Name of the passengers and where they sat in the vehicle
• Name of bicyclists, motorcyclists, pedestrians, and other non-motorists
• Address and phone number of each person
• Accident Details

Another section provides information regarding the accident, such as:

• Events related to the collision, such as an impact with a pedestrian, another vehicle, or a stationary object, such as a wall or telephone pole
• The directions all involved vehicles were traveling when the crash occurred
• Road conditions
• Weather conditions
• Point of the impact, such as side, front, or rear
• Actions taken by pedestrians involved in the collision
• Whether the crash happened during the day or at night and the light conditions
• Defects each vehicle contains, such as malfunctioning brakes, worn-out tires, or broken tail lights
• Traffic citations issued for the accident
• Cause of the crash
• Additional Information

You might find additional details associated with the accident in other sections of the police report. Common information includes:

• Whether an ambulance arrived at the accident scene and transported anyone to the hospital
• Name of the EMS and hospital
• Type of damage and location on the vehicles
• Road debris, skid marks, and other details about the collision
• Injuries sustained in the crash
• The estimated cost of damage to each car involved

Diagram and Narrative

Most accident reports include a section the officer can use to describe how the accident happened. The information can consist of the events leading up to the crash, such as each driver’s actions and who the officer believes is at fault.

Typically, law enforcement can determine the cause of the crash by speaking to witnesses and the drivers, passengers, and non-motorists involved in the collision. They can reconstruct the accident using a diagram to show each motorist’s direction of travel and other movements made before and after the crash.

Why You Need an Accident Report

Most people are in shock in the immediate aftermath of a car accident. You likely feel scared and confused about what happened. It’s overwhelming when you’re faced with doctor’s appointments, medical bills, and an insurance claim. Handling all of those responsibilities yourself can seem impossible.

You should absolutely consider hiring an attorney after the accident. Your attorney can help gather the evidence you need to prove another driver’s actions caused the crash, irrespective of Michigan’s No-Fault insurance laws.

One vital piece of evidence is the accident report. If law enforcement indicated someone else was at fault, you could use the report to show the insurance company you deserve compensation for your injuries.

For more information on how to obtain, understand, and use an accident report to help prove your case, contact the attorneys at Turner & Turner PC for a free consultation by calling (248) 355-1727.

This video can help you review your situation after the fact, but you may be interested in using it to clear your name of any wrongdoing.

When are Cell Phone Videos Admissible?

Using cell phone video as evidence in court is certainly possible, but this evidence is not always guaranteed to be admissible. If you would like to use cell phone evidence in your case, your attorney will have to convince the judge the video footage is both relevant to your case — and reliable.

For evidence to be allowed into court, it must be considered relevant to the case at hand. Something relevant tends to make an essential fact in your trial either more or less probable. Irrelevant pieces of evidence waste time and may distract the jury from a vital part of the case.

What Makes a Cell Phone Video Authentic?

For your video to be declared admissible, it must be deemed authentic. Demonstrative evidence such as a video cannot come from anywhere. Rather, it must be brought forth by someone who can testify in court to the legitimacy of the video.

Video captured by traffic cameras will carry more legitimacy than a cell phone video captured by someone trying to win a legal proceeding. If the video’s source cannot be found, its authenticity is not good. Therefore, it may be excluded under Michigan’s hearsay rules.

When Can Videos be Inadmissible in Court?

A significant problem with videos captured on a cell phone comes down to an issue of credibility. When you put forth something as evidence, you’re trying to convince the court something specific happened and the video should be able to tell its story without guessing. Problems with your cell phone video could include:

• Lighting: If lighting is poor, it could be hard to tell certain features of the video, such as the identity of a person or the distance between two things.
• Time of Recording Questions: Timing is everything; maybe your video portrays something that should have occurred at a certain time, but is impossible to prove it.
• Location – Is there too much guessing that must go into determining where your video was filmed? If your video requires taking your word for its details, it doesn’t offer much more than your spoken testimony.

Things to Consider Before Using Cell Phone Video as Evidence

Before you take steps to use cell phone video as evidence to support your case, there may be several items to consider. Using cell phone video as evidence may do more harm than good in some cases. Here are a few other essential details you should know before using cell phone video as evidence in your case.

Can an Attorney Subpoena Cell Phone Records to Clear Your Name?

Many people assume social media videos online can be used as evidence in a trial to support their case. But for such footage to be admissible, your attorney must recover the original video evidence.

Often, video data can be acquired by simply asking for it from the originator. But your attorney may be able to file a subpoena, or police can execute a search warrant to access the video footage in question.

Do Privacy Laws Interfere with Obtaining Cell Phone Videos?

The ability to use cell phone video footage as evidence to support your case can vary widely depending on whether the law requires two-party consent. Under Michigan law, recording a telephone call or conversation without both party’s consent is illegal. This means that the audio portion of your video footage may be protected as private communication, but the video footage may not be.

If you have been injured in an accident, have questions about whether video(s) you have may be used to support your claim, or there is obtainable CCTV evidence, contact Turner & Turner for a free consultation at (248) 355-1727.

If you are the victim of negligence caused, either wholly or in part, by a third party, you may be wondering how much compensation you could recover in a personal injury lawsuit. Examples include injuries due to a car accident, medical malpractice, slip and fall, or a defective product, which may allow you to seek damages.

Turner & Turner Law has been in the practice of victim advocacy for more than 40 years and founding partner Lee Turner helped define the best practices of victim advocacy in Michigan’s legal community. To learn more about what Turner & Turner Law can do to help you, schedule a free consultation, call (248) 355-1727, or contact us online today.

FACTORS THAT DETERMINE THE VALUE OF YOUR INJURY CLAIM

If you suffer injuries through no fault of your own, you deserve compensation that will “make you whole.” Every case is unique, with varying facts, but using precedents as a guide, when Turner & Turner accepts a case, we will provide you with an estimated value of your case by looking at the following factors:

• Medical bills and costs – You deserve to be compensated for your past and future medical treatment, including adaptive medical devices, pain management therapies, physical therapy, and transportation to your doctor.
• Lost income – If your injury forces you to miss work, you should be compensated for the wages you were unable to earn. If your injury is permanent, you should receive compensation for 100 percent of your lost wages. If you can only work again in a diminished capacity, then you deserve the difference between what you earned before and after the injury.
• Pain and suffering – Insurance companies sometimes use “pain multipliers.” This means that your actual economic loss is multiplied by a designated number in order to estimate your pain and suffering damages.

Turner & Turner will gather medical records, employment records, and other evidence to establish these damages. We can also consult with medical experts, economists, and other professionals to assess the full extent of past and future losses in your case.

OTHER FACTORS THAT DETERMINE YOUR CLAIM’S VALUE

There are two other factors you need to consider when assessing the value of your case:

Comparative negligence – If you were partially to blame for your accident or injuries, then you may have your damage claim reduced by the percentage of fault that you bear. For example, if you were 20 percent responsible and suffered $100,000 in damages, you would be responsible for covering $20,000 in costs (20 percent of $100,000). The person who hurt you would be responsible for covering 80 percent, or $80,000. Unfortunately, if you are found to be 51 percent or more at fault, you would recover nothing.

Insurance limits – The at-fault party’s insurance coverage usually covers your costs and losses in a personal injury claim. However, insurers will pay only up to the policy limits. For example, if the at-fault party has a $100,000 limit, the insurance company will pay no more than $100,000 – even if a jury awards you $125,000 in damages.

While you could try to pursue a claim against the at-fault party for the excess, most people don’t have that much money. This means you might not be able to collect it at all, or you might have to go through steps such as garnishing the at-fault party’s wages or placing liens on his or her property. These steps can be challenging. This is why settlements tend to be for an amount equal to the at-fault party’s policy limits.

A PERSONAL INJURY ATTORNEY CAN HELP VALUE YOUR CLAIM

Getting sufficient compensation for your injury is essential so you can move on with your life and have the money you need to provide your medical care and pay your other expenses. You don’t want to accept less than you deserve, which means you need to have a clear idea of what your case is worth.

Call Turner & Turner today to discuss your case and set up a free, no obligation consultation with our attorneys today. Call (248) 351-1727.

Although the majority of personal injury lawsuits are settled by insurance companies, a number of cases do end up going to trial. It is crucial for you to know what to expect should this happen with your claim.

Various Components of a Personal Injury Claim

When cases go to court, they go through various steps — from start to finish. In many personal injury cases, a jury selection will take place. A jury can be composed of 12 or fewer individuals who are selected and questioned by the judge. The judge or your attorney will ask numerous questions to the selected individuals to see their personal views on various case types, and to learn more about them personally. Questioning a juror helps determine if a person is a good candidate or if they have certain biases.

After a jury is selected, the case will move to trial. Trial for personal injury claims typical start with opening statements. The prosecution and the defense will each be allotted time to make an opening statement in support of their legal claim. Typically, the personal injury attorney supporting the victim will give their opening statement first because they have the burden of proof.

Burden of Proof

To file a successful claim against an at-fault party, the claimant must clearly demonstrate the burden of proof. After opening statements are heard, the case will move on to presenting the evidence. Personal injury attorneys will generally call witnesses to testify to back up the evidence presented during the trial. Some witnesses can be individuals who personally witnessed an incident occur: doctors, financial experts, and even experts who re-create the scene of the incident.

After the claimant’s attorney presents all relevant evidence, the defense is provided an opportunity to present evidence of their own. Defense attorneys can call forth witnesses and present documentation to support their argument against the claimant. After both sides present their evidence, each side will be given the opportunity to cross-examine witnesses.

After witnesses are cross-examined, both sides will begin to present their closing arguments. The defense and plaintiff are both given one final chance to try and persuade the jury to present a favorable outcome for them. The jury will then deliberate in a separate room and come to their own conclusion or verdict.

Personal injury cases, like car accidents, are usually deliberated rather quickly. In some cases, they can take several days. Once a verdict is reached, the jury informs the judge, and then they present the verdict to both parties.

For more information on whether you have a case against another party, and whether a settlement is in your best interest, should one be offered, contact Turner & Turner at (248) 355-1727.

Following an automobile or truck accident, the negligent party’s insurance company will oftentimes propose a settlement in advance of litigation. Regretfully, these offers tend to be significantly lower than the compensation a plaintiff’s attorney has told their client they should expect.

The Reason for a Low-Ball Offer

In a vehicle accident injury lawsuit, there is no one method for determining damages. Instead, insurance firms use their own proprietary algorithms for assessing losses, which are designed to pay out as little money as possible in any given situation. And, because insurance firms do not reveal their formulae, it is nearly impossible to know why a specific amount is offered. However, by analyzing the following elements, attorneys at Turner and Turner can help determine a fair sense of their cognitive process.

Damages Taken into Account

After an automobile accident, you may be entitled to a number of various sorts of compensation, including:

• Medical expenses
• Lost wages
• Lost earning potential
• Damage to property
• Suffering and pain

Each of these damages will be taken into account by the insurance company when making a settlement offer. They may, however, have a different notion than you about how much it should cost to fix your automobile, or how much you should be compensated for pain and suffering. Many first compensation offers, in fact, do not account for pain and suffering whatsoever.

Setting the Reserve

Your insurance company will try to estimate the amount they will have to pay on your claim as soon as you report an accident to them. The “reserve” is the name given to this estimate. The insurance company benefits from setting the reserve early in the case. It also allows them to value the case before you know how much your entire medical treatment will cost, whether you will be left with chronic pain or other lingering symptoms; and how much pain and suffering you will experience.

Once the reserve has been established, convincing the insurance carrier to consider further damages is extremely difficult.

Policy Restraints

An insurance company will not pay out more than the policy limit, no matter how expensive your medical costs are, or how much compensation you receive. So, if your losses total $100,000 but the “at-fault” party’s policy only covers $50,000, your settlement offer will be capped at $50,000.

If Your Settlement Offer is Insufficient

If you feel a settlement offer is too low, you should contact an experienced accident lawyer at Turner and Turner soon as possible. We can work with the insurance carrier, persuading them to make a more reasonable and appropriate offer to cover your present and future damages. If negotiations fail, we can proceed with bringing an action against them in court. If your damages exceed the policy limitations, we can investigate the potential of suing the at-fault party for further damages directly, in addition to their insurance carrier.

Call Turner and Turner today at (248) 355-1727 and schedule your no-obligation, free consultation, and see what options are available. Discover how Turner Law can help you receive the compensation you deserve.

If you or a loved one has been injured in an auto accident or negligence by medical professionals, for example, you should explore your remedies under the law. If you have already retained counsel, one element of case preparation is undergoing depositions.

What is a Deposition?

A deposition is a question and answer session between an attorney and either the plaintiff(s) or defendant(s). The deposition occurs under oath and is used to find out what a witness knows, and to preserve testimony. It can be used at trial to refresh recollection or to ask a witness why trial testimony conflicts with what was said at the deposition.

The American Bar Association, the country’s leading legal organization that monitors officers of the court, has laid out a few important tips for individuals to know before they enter a deposition. Your attorney will surely prepare you ahead of time, but for those unfamiliar with the process, here are a few highlights of things to keep in mind.

Before entering into a deposition, you’ll attorney will likely prepare you by asking you to review documentary evidence and complete a mock Q&A. The guiding principle of our legal system is truth under the law. Therefore, despite walking into what may likely be an adversarial (more likely hostile) environment, where a camera may be pointed at you and you feel like you’re in the “hot seat,” remember the truth is your friend. If you can’t recall something, then that is what you say.

What to Wear?

Appearance and presentation matter, so general advice is to dress as if you are going on a job interview, or something akin to that. Look presentable; it will lend to your credibility and give you more confidence in testifying. Be comfortable but presentable. Professional and credible is the goal.

What to Bring?

In short: Nothing. If you are given documents to review in advance, you should not bring them: the first thing an opposing counsel is likely to ask what documents, if any, you brought and mark that as Exhibit 1. Even your phone may open up questions of unnecessary scrutiny. Leave it in the car. (Example: If you bring a phone, you could be asked to find text messages or emails.) Don’t make opposing counsel’s job easier. Other than car keys and eyeglasses, experts recommend clients bring nothing with them into a deposition room.

What Time Should You Arrive?

Be prompt and, if possible, arrive 15 minutes before the deposition. It gives your attorney a chance to calm your nerves, allows you to get water or go to the restroom. Your attorney will likely make a plan with you ahead of time so you both enter the deposition together. Going in together will give you confidence.

What the Room Will Look Like?

Your attorney will know ahead of time where the deposition will take place and provide you with a lay of the land, so to speak. Most likely, you will find yourself in a conference room at a law firm or other office setting. You should know where you will be seated and feel confident since your attorney will be seated next to you. If the deposition is videotaped, remember you will be the only one in the frame: sit up straight, maintain your composure and speak slowly. Remember, you are both under oath and everything you say will be both recorded and transcribed by a court stenographer. Don’t be spooked by either. Speaking the truth, in spite of a potentially intimidating setting, is your best offense and defense.

What happens first?

Your attorney will explain the procedures and what to expect. Essentially, if you are at the point of giving a deposition, you have already answered many of the questions you are likely to be asked. The videographer will begin by stating that once the camera begins recording, everything said thereafter will be going “on the record”; and the court reporter will begin to type. The videographer will state the name of the case, the date, the time and the address of the law firm. They will then ask lawyers to make their appearances, after which the court reporter will ask you to raise your hand and take an oath confirming you will tell the truth. After the appearances and the oath, opposing counsel will begin asking questions.

Knowing what to expect takes the mystery out of the process so you can focus on telling the truth and achieving the justice you are seeking. For more information, or to speak with an attorney about your personal injury claim, call the law offices of Turner and Turner at (248) 355-1727.