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This statement can come back to haunt you. You will be asked numerous detailed questions about the accident and your medical care. An outline of the types of questions you can expect follows. Think through how you will answer these questions before you give the statement. : Time of day: Where: Day of week: Who was driving: Passengers: Where were you seated: What happened (narrative): What did you see: Did you know you were going to be hit: Lanes of street: Amount of traffic: Divided highway: Parking on sides of street: Which way do the streets run: How fast were you traveling: 25 26 Winning Your Personal Injury Claim How fast was the other car traveling: Which direction each traveling: Turn signals: Traffic controls: Which part of the vehicles impacted each other: What happened to your car upon impact: Which way did vehicle spin: Where did each stop: What did you do after it stopped: Where did your journey begin: Where were you going: Purpose of trip: When due to arrive: Lighting: Weather: Slope of street: Alcohol/Drugs: All conversation at the scene: Used horn or other warning device: Handling Your Case Without a Lawyer Skid marks: When did police arrive: Conversation with police: Who called: Radio: Windshield wipers: Windows: Defroster: Children in car: Date of last eye examination: Do you wear glasses or contacts: Car phone: Smoking/eating (hands on wheel) (stick shift): Where was the sun: Wearing sunglasses: Witnesses: Who owned the car: When was the car purchased: Borrowed from owner: 27 28 Winning Your Personal Injury Claim Type of vehicle: Where licensed to drive: Since when: Restrictions: License ever suspended or revoked: Describe other car: Mechanical condition of your car: Where and when was it last inspected: What, if anything, happened to your body at the moment of impact: What part of your body came into contact with the vehicle: How did you feel at the moment of impact: Seat belt: Were you injured as a result of the accident: What portion of your body came to your attention at the scene: Investigation of accident: What did you do about your injuries: Emergency Room: How did you get there: Type of pain (sharp or dull, constant, or intermittent): Handling Your Case Without a Lawyer What was done for you at ER: Medication: Orthopedic appliances: When did you arrive at and leave the hospital: How did you get home: How did you feel the rest of day: How did you feel the next morning: Did you go back to work that day: Did you go anywhere else for treatment: Why: How did you get there: Purpose of visits: Used ER equipment until first doctor’s visit: Family doctor: Who referred: Result of first doctor’s visit: What was complained of: What was done on subsequent visits: Describe treatments/therapy: 29 30 Winning Your Personal Injury Claim Exercises: Whirlpool: Orthopedic appliances: Where were exercises performed: Did they bring relief: For how long did you see this doctor: How many times (total): How many times per week: What other doctors saw you: Why: Who referred you: Specialists seen: Purpose of visits: Medication—side effects: When was the last medical treatment: How did you feel then: How have you felt since then: How do you feel today: How many days a week do you feel pain—what do you do for it: Handling Your Case Without a Lawyer Did pain lessen at any point in treatment: When (for each injury): Were you ever able to resume normal daily activities: When: Household duties: Sports: Driving: Sleeping: Social activities: Marital difficulties: How did you feel before accident: Prior accidents: How long were you treated: Injuries: How long before accident had you recovered: Later accidents: Next scheduled work after date of accident: Did you go to work: Work schedule: 31 32 Winning Your Personal Injury Claim Date that you returned to work: Average weekly wage: Why did you not stay home from work: After you went back to work, was there any limitation because of the accident: Inability to do job: Were you carrying anything: Describe your shoes: Describe your clothing: Which foot slipped: Describe your fall: What parts of your body hit the ground: What caused you to fall: Where were you looking: When had you last been to the scene of the accident: Were you aware of the defect that caused your fall: Did you have an alternate route: Be sure to see the section on “Depositions” in Chapter 10.

It is important that your lawsuit papers be properly filed and properly delivered to the defendant. Contact the court clerk to find out the cost for filing the lawsuit, the number of copies that have to be filed, etc. Service of Process You need to be very careful with service of process. Service of process is the legal terminology for delivering the lawsuit papers to the defendant. In some jurisdictions, only service by a sheriff is proper. If you make a mistake here, it can be fatal to your case.

If the other side takes weeks to answer your letter, and it takes you months to gather all the medical information requested, a year can pass before you realize it. It is important to keep track of time because each state has a law, called the statute of limitations, regarding how long you can wait before filing suit. It is in the best interest of the other side or their insurance company to delay the case until the deadline has passed. Do not let this happen to you or you will lose your claim.