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What You Need to Know Before Filing an Injury

Lawsuit: The Hidden Tactics Used Against You

The Harsh Reality That Could Cost You Your Case

Filing a personal injury lawsuit isn’t as simple as telling your story and receiving compensation. Insurance companies and defense attorneys have powerful tools to fight your claim – tools most injured people never see coming until it’s too late.

  1. Your First Statements Can Destroy Your Case

Police Reports Can Be Used Against You What you say immediately after an accident carries enormous weight. Police reports are considered highly credible because they’re made by an officer at the scene. If you make even a small mistake in what you tell police, it can demolish your entire case.

Ambulance Records Reveal More Than You Think While in shock or pain, you might say things to paramedics that contradict your later claims. Defense attorneys will highlight these inconsistencies to suggest you’re exaggerating or lying about your injuries.

  1. You’re Being Watched More Than You Realize

Surveillance Is Standard Practice After you file a claim, the defense may hire investigators to:

  • Follow you and record your activities
  • Check your social media accounts
  • Look for security camera footage that contradicts your story
  • Search public records about you

If you claim you can’t take out the garbage but are recorded carrying heavy shopping bags, your entire case can collapse.

  1. Your Past Will Be Thoroughly Investigated

Your Medical History Becomes an Open Book Filing a lawsuit waives your doctor-patient privilege. The defense will obtain your complete medical history to:

  • Find previous injuries to the same body part
  • Look for pre-existing conditions that could explain your symptoms
  • Search for inconsistencies in what you’ve told different doctors

Your Litigation History Can Hurt You Defense attorneys will uncover every previous lawsuit you’ve filed. If you’ve made similar claims before, they’ll use this to paint you as someone who repeatedly files dubious lawsuits.

  1. Evidence Preservation Is Critical

Don’t Dispose of Key Evidence If an item caused your injury (like a defective product), you must preserve it exactly as it was. Disposing of or altering it can result in severe penalties, including dismissal of your entire case.

  1. Your Statements Will Be Used Against You

Examinations by Defense Doctors You will be required to undergo examinations by doctors chosen by the defense who will likely:

  • Find reasons to minimize your injuries
  • Suggest you’re exaggerating your symptoms
  • Claim you can work despite your condition

The Most Important Step You Can Take

Be completely honest with me about everything – even embarrassing or seemingly harmful facts. I can prepare for problems I know about, but surprises discovered during trial can be devastating.

Remember: Defense attorneys win cases by finding contradictions between what you claim and what the evidence shows. Your best protection is absolute honesty and careful documentation from the moment your injury occurs.

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This is my 2nd time using Paul Samakow for my auto accident. I am beyond happy with the outcome of my case. Evelyn, answered all my questions and kept me informed on my case.
I've had to attain the services of Attorney Samakow on two separate occasions, and both times I received outstanding customer service. He took the time to clearly explain each step of the legal process, which really helped put me at ease. His professionalism, responsiveness, and commitment to his clients truly stand out. I highly recommend Attorney Samakow and his legal team to anyone in need of a knowledgeable and trustworthy motor vehicle accident attorney.
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My mom recommended that I contact The Law Offices of Paul A. Samakow after an accident I was in, she'd hired them decades ago for an accident. They invited me into the office where I met my case manager, Justin, and Paul himself. They collected my information and asked me if I was okay and told me to focus on my recovery. They helped me find a treatment facility that was near my home and could provide transportation since my car was totaled and I didn't have rental coverage on my policy. Near the end of my treatment I worked with a paralegal, Vania, and ultimately Rocco handled my case. I was able to speak with Rocco a few times over the phone where he answered my questions. The provided me with a packet of what to expect at each stage of the process, 2 copies of a helpful book that I read over. a few times which helped minimize the amount of times I needed to reach out with questions. All in all my experience was very good, I did my best to trust the process since it was my first experience needing a lawyer and treatment from a car accident. While I hope I never EVER need their services again, I feel comfortable knowing that they're there if needed and will help me get the care I need and manage expectations for personal injury claims. I would recommend them and Paul's book to anyone who might need this type of service!