Everyone expects it to take time for a trauma patient to recover — physically and emotionally. However, sometimes people are less understanding of the multitude of issues those close to the patient also experience. Often times they just don’t know how common it is for trauma to touch the whole family.

I see this the most with my child clients. Witnessing a parent in a life-threatening accident leaves a child reeling with emotions he cannot control, and many times he cannot understand them either.

This is true whether the child is involved in the actual traumatic event or just saw the aftermath. A parent in the hospital with surgical scars shows the young child mommy is not the invincible superhero he took for granted.

Patience for everyone affected is required to get through the traumatic experience and come out of it with stronger, healthier relationships than before the incident. Everyone deals with trauma in their unique way, and their unique situation will drive the intense feelings they will have in the wake of the traumatic event.

It’s important to know the warning signs and communicate after a family member is injured in an accident. Time and reassurance may be all anyone needs. Sometimes, though, the struggle may call for professional assistance and support for the whole family.

Everyone knows they should notify their insurance company immediately after an accident, right? Wrong.

The first call you should make after a wreck is to 911, but after the emergency, you need to call a lawyer.

Once the police document the incident and you receive emergency medical treatment, your lawyer will help you navigate the insurance matrix you will soon find yourself in whether you like it or not.

Most people that end up calling my office after realizing they cannot resolve their claims alone called their insurance company immediately after they were injured.

Of course your insurance company and the at-fault driver’s insurer need to be notified promptly. However, that first phone call to an insurance adjuster can be crucial to preserving both your rights and your recovery. So even just speaking with your lawyer first can make all the difference.

Here’s what happens: The insurance company (you notified immediately) immediately went to work investigating your property and injury claims in an effort to deny liability and reduce any future recovery — and, yes, this includes your recovery even though it is your insurance company.

It is hard to wrap your head around that, I know. You want your insurance adjuster to deny liability when you are not at fault, but you also want her to know how injured you are so that she will reserve her portion of your future recovery — after the liability insurer pays its policy limits.

So, with that in mind, the adjuster tells you that she needs a recorded statement. She says you have a duty to cooperate, and that means you must give her a recorded statement. She tells you that she needs that statement to determine whether you are at fault. And she says she needs it before she can go any further, and without it she will never be able to offer you any settlement for your property damage claim or your bodily injury claim.

Do you know how to handle that conversation so that she gets what she needs on her end to process your claim, and so that you do not end up giving an unsworn statement that can and will be used against you in a court of law?

It’s OK. Your lawyer does.

Here at Spiva Law Group, we are committed to telling your story the best we know how to anyone that will listen. To see why you should trust us with your story, see this behind-the-scenes view of our story.

Thank you for your trust and confidence.

Ever heard the saying, “that’s what insurance is for?”  But what do you do when the insurance company pins the blame on you and your imperfections when you really need the insurance company to step up?

You sue.  That’s because it’s all you can do.

Sometimes “the insurance company” is the at-fault driver’s insurer, and sometimes it’s your own – or both.  The harsh truth is that the more seriously injured you are, the more the insurer fights you tooth and nail.  What does that fighting look like?

It mostly manifests as investigations into your background. (Did you cheat on a test in fifth grade? Become depressed and need medication when your parent died?)  If you have skeletons, they will be dragged out of the closet and put on display – no matter how irrelevant they are.

Essentially, the victim becomes the enemy.

What I have witnessed is that the most honest, decent Plaintiffs are dragged through the mud, and it can be devastating to them.  When you care about your reputation, you own up to your mistakes and faults, and you work hard to do good in this life, it takes a toll on you when you are painted as a lying, cheating, no good human being who doesn’t deserve compensation for your serious injuries.

I’ve seen huge, powerful law firms go after a deceased client because he said a bad word. As if that somehow makes his senseless, excruciating death less traumatic for the family.  I use this example often (too often) to console my clients in litigation.

And I tell them: “If that’s all they’ve got, we have nothing to worry about!  The better character you have, the lower they stoop to defame you.”

Every Plaintiff will be subject to truth-twisting, but not every Plaintiff’s lawyer will stand their ground and not be swayed by the lies.  Some worry that a jury will buy what the defense is selling.

Whether your case ever goes to trial, it is important to find an attorney who is willing to fight for you in court.

Sadly, too few will take the defense and their lies to the mat.