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                    [post_content] => If you haven’t already, you need to start keeping a daily journal of events related to your claim for your attorney to use in preparing your case for a jury. This is important for a number of reasons.

Journaling

First, you can use your notes to refresh your memory later as the case progresses. It is amazing how you forget some of the most painful physical feelings, and corresponding emotions, in your life. Include in your journal examples of how your life and physical pain have affected your daily life.

For example, if you have a lower back injury and you cannot wash dishes, cut your grass, unload your groceries, or find a comfortable position in which to sleep, you should make notes in your journal about these difficulties and what you had to do to compensate for them.

As a result of these difficulties, you may rely more heavily on your spouse or significant other to perform household duties such as washing dishes or vacuuming; you may hire a company to come cut your grass and perform other landscaping tasks; you may purchase a new mattress at your doctor’s suggestion that alleviates some of your pain while lying in bed.

All of these items are a significant inconvenience to you and you should record them so that you remember them later.

Second, it will help your attorney later to get a glimpse into your life and your pain and suffering. This glimpse will help your lawyer to prepare a demand package to send to the insurance company, and it will give him or her ammunition to challenge the insurance company’s refusal to offer a reasonable settlement. It will also better equip your lawyer to prepare for trial in your case if the insurance company refuses to offer a reasonable settlement.

And third, at the end of the day, journaling is good for your spirit. Ten years from now, you can look back at all you have experienced and remember, “I have come this far, I am better today than I was then.”

In the example of Samuel after Israel defeated the Philistines, Samuel “took a stone and set it between Mizpah and Shen, and named it Ebenezer saying, ‘Thus far the LORD has helped us.” 1 Samuel 7:12.

It is good to remember the victories of recovery whether it be spiritual, emotional, physical, or financial. Thus, it is good to record memories whether they are good or bad. So write your journal and record everything related to your injuries. Set your Ebenezer stone in your journal and say, “Thus far the LORD has helped me.”
                    [post_title] => Winning Your Personal Injury Case: Keeping A Journal
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                    [post_content] => Noise, there is a lot of it in the personal injury lawyer space. Personal injury lawyer marketing ranges from the blatantly silly to the obscenely insincere. Both give personal injury lawyers a bad name.



Every law firm that practices personal injury law advertises and you are only confronted with the best side of that law firm on a billboard, television commercial, radio commercial, yellow pages, internet, etc. All of this can be confusing if you are a novice personal injury victim, which is true of almost all.

In full disclosure, Overbey, Hawkins & Wright uses all of these mediums (and then some) to get our message to you. Some means are more effective than others. But with all of the noise in this space, how are you, the victim, suppose to discern which law firm is the best for you. This is not an easy question and I do not purport to have all of the answers.

From our perspective, there are several things you should look for in your personal injury law firm before you sign documents hiring that firm. As a general matter, the law firm should be concerned with your physical and emotional recovery just as much as your financial recovery. Often your financial recovery is entirely dependent on your emotional and physical recovery.

Here is a short list of what I think should be important to you. The law firm should
  1. Help you with obtaining your med pay
  2. Help you get treatment when you have limited resources to give to your doctors
  3. Encourage you to make all of your appointments and get all of the necessary treatment
  4. Teach you through the process of litigation.
  5. Teach you how cases are evaluated.
  6. Negotiate your medical liens and insurance liens discussed more fully here.
You’ll notice that I used the word teach several times. Don’t let your lawyers talk down to you. Hire a lawyer who is willing to teach instead of dictate. If you don’t understand, ask your lawyer to explain. Ask you lawyer about these things when you meet for the first time. If you feel like the law firm is interested in you as a person, then hire them. If not, then don’t. These are just a few examples of what you should look for when you are interviewing lawyers and law firms to represent you in your personal injury case.   [post_title] => What to Look For In Your Personal Injury Law Firm? [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => what-to-look-for-in-your-personal-injury-law-firm [to_ping] => [pinged] => [post_modified] => 2017-06-16 13:56:26 [post_modified_gmt] => 2017-06-16 13:56:26 [post_content_filtered] => [post_parent] => 0 [guid] => http://overbeylaw.com/?post_type=news&p=1295 [menu_order] => 0 [post_type] => news [post_mime_type] => [comment_count] => 0 [filter] => raw ) [2] => WP_Post Object ( [ID] => 1294 [post_author] => 3 [post_date] => 2015-10-14 18:59:02 [post_date_gmt] => 2015-10-14 18:59:02 [post_content] => We all know that there are very different types of people in this world. And the same in true in the practice of personal injury law. Tragedy is an equal opportunity destroyer; it is no respecter of persons. So, when you work with victims all the time, there are some trends that you notice in people in the midst of their suffering. Often times, people and personalities range on a spectrum that runs from two very different extremes. holding Here, there are two very different extremes and most people fall somewhere in between them. The bad extremes, however, create the stereotypes that often shape our responses to suffering in others. Without demeaning anybody who has suffered an injury through no fault of their own, I have created a list of the two different types of personal injury victims and a description of each. 1. The Greedy Know It All I have heard from many people that personal injury victims are just greedy and out for a quick buck. However, this is by far the minority of personal injury victims. Like any other class of people, a few bad apples spoil the bunch. This is where most stereotypes come from. This person has an entitlement mentality. He believes that his accident was more egregious than all other wrecks and that he has suffered more than any other personal injury victim known to man, which entitles him to significant amounts of money even though the treatment and injuries were standard, soft-tissue injuries. Practically, this person refuses to listen to his lawyers recommendation for how to proceed with his treatment, his case, and ultimately his recovery. In the end, this victim will never recover emotionally. Perhaps this person will never fully recover physically, and all of this has a drastic impact of whether this person will fully recovery financially. This person is the most difficult to deal with for personal injury lawyers. This person can appear as the broken, humble and hurt victim but might into the greedy know it all after the dollar sign goes off in his head. For obvious reasons, this person is impossible to identify until he shows himself. Lawyers tend to avoid the greedy know it all victims because no one will ever be happy at the end of the day. This person drains the energy from the lawyer and is actually counterproductive to the process. Michael Hyatt writes about that in the retail context here. This person is almost like a unicorn. Existing in theory, but very rarely in reality (hence the almost). 2. The Broken, Humble, and Hurt This victim is much more common and I would venture to say that this is the vast majority of personal injury victims. This person what injured unexpectantly, just like the greedy know it all. But this victim comes to a lawyer only because the task of recovering physically, emotionally, and financially is too much to handle all on his own. This person has likely never been involved litigation before and comes to his lawyer asking questions and earnestly seeking advice. This person gets the treatment recommended by his doctors and keeps his appointments. He speaks to his lawyer with respect and deference when it comes to his treatment, litigation strategy, and his financial recovery. This person usually fully recovers emotionally, physically, and financially. [Tweet "Tragedy is an equal opportunity destroyer; it is no respecter of persons."] A Perfect Example:  McDonalds did an excellent job of painting Stella Liebeck as the greedy know it all in the hot coffee case. The big corporate spin doctors did an amazing job of destroying her character when she was forced by them to file suit in court. The truths, however, that Stella Liebeck was the broken, humble and hurt victim. She had no intention of filing suit and would have settled for her medical expenses and lost wages ($20,000.00) before she hired a lawyer. Because McDonalds trusted their spin doctors, they refused to settle and a jury in New York awarded a judgment in the amount of $2,900,000. McDonalds admitted numerous facts that resulted in a significant punitive damages award intended not to compensation Ms. Liebeck, but to punish McDonalds. You should read more about it here. If you are like most people, you probably thought that Stella Lieback was the greedy know it all. She was not and most personal injury victims are more on the broken, humble and hurt end of the spectrum. The type of person you are before you accident will determine the type of person you are after the accident. If you are a jerk and you have a lot of money, then you are a rich jerk. But the contrary can be true too. If you are humble, caring, and giving, and you come into money, then you will be humble, caring, and giving but to a greater extent. Money is just an amplifier for who you are so be humble, caring, and giving. [Tweet "Money is just an amplifier for who you are so be humble, caring, and giving."] [post_title] => Two Different Types of Personal Injury Victims [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => two-different-types-of-personal-injury-victims [to_ping] => [pinged] => [post_modified] => 2017-06-16 13:58:06 [post_modified_gmt] => 2017-06-16 13:58:06 [post_content_filtered] => [post_parent] => 0 [guid] => http://overbeylaw.com/?post_type=news&p=1294 [menu_order] => 0 [post_type] => news [post_mime_type] => [comment_count] => 0 [filter] => raw ) [3] => WP_Post Object ( [ID] => 279 [post_author] => 1 [post_date] => 2015-09-01 21:15:23 [post_date_gmt] => 2015-09-01 21:15:23 [post_content] => If you have been in a car accident then chances are you’ve already talked to an adjuster before coming in to talk to a lawyer.  If you haven’t already noticed, the adjuster represents the insurance company, not you.  So when the adjuster says certain things, it is important to be cautious and skeptical about those things. A businessman has his fingers crossed as if telling a lie to his staff or clients.   When folks come to see a lawyer, it is usually because their case has become too big to manage on their own or because the insurance adjuster refuses to offer a reasonable settlement. The adjuster will try to piecemeal your settlement to reduce the value of each element of damages.  Usually, the adjuster will say something to the effect of “we will pay all of your medical expenses and $1,000 for your pain and suffering.”  Sometimes, they’ll include your lost wages. What he won’t tell you is that you are also entitled to other items of compensation. For example, if you have been to the doctor 10 times, or 100 times, you have been inconvenienced because of the other driver’s negligence.  Inconvenience is an element of compensation in Virginia.  The degree of your inconvenience is a matter of controversy and the amount necessary to compensate you for that inconvenience will likely be an issue in the case. There are many elements of compensation in Virginia that the insurance adjuster will not tell you about.  If you are frustrated with the offer you’ve received from the insurance adjuster, give us a call and we will honestly tell you if your case is worth more or not. We offer free consultations for all potential personal injury cases. Contact us by phone or email and we’d be happy to discuss your case with you for free. No obligations. [post_title] => The Insurance Company Said… [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => the-insurance-company-said [to_ping] => [pinged] => [post_modified] => 2017-06-16 13:59:05 [post_modified_gmt] => 2017-06-16 13:59:05 [post_content_filtered] => [post_parent] => 0 [guid] => http://overbeylaw.com/?post_type=news&p=279 [menu_order] => 0 [post_type] => news [post_mime_type] => [comment_count] => 0 [filter] => raw ) [4] => WP_Post Object ( [ID] => 1292 [post_author] => 3 [post_date] => 2015-08-22 18:55:11 [post_date_gmt] => 2015-08-22 18:55:11 [post_content] =>

One thing that you might not expect to hear is that personal injury cases are not, and have never been, a get rick quick scheme. In fact, you will not hear the lawyers or team members at Overbey, Hawkins & Wright talk about hitting a home run or setting you up so you can play tennis or golf for the rest of your life worry free. That is simply not reality.

Worried Senior Hispanic Woman Checking Mailbox

The stereotype, however, of personal injury plaintiffs is that they are out to get rich quick and that their lawyers are no better. As with most stereotypes, though, this could not be farther from the truth. Indeed, I have said before that our clients are not in it for the money, they are in litigation because they’ve been forced there by a hard nosed insurance company or tortfeasor.

Financial recovery does not mean what the stereotype implies. The truth is that if you are entitled to a significant settlement or verdict, then you have suffered a tremendous loss. The unpleasantness of that loss will most likely prohibit you from living the high life after you’ve received compensation for your physical injuries, pain and suffering, lost wages, and inconvenience. It is this degree of loss that entitles you to financial recovery in the first instance. That money does not go to a country club membership. Instead, that money is intended to free you from the emotional, physical, and financial burdens caused caused by the negligence of the tortfeasor.

It is in this sense that we claim to promote your emotional, physical and financial recovery. Promoting your financial recovery means paying off current and outstanding medical bills, putting money in a special account for future medical bills, and ensuring that you have enough put aside to eliminate the feelings of vulnerability and helplessness caused by the unnecessary negligence of others. In other words, your financial stability matters and we promote it on purpose. As a caveat, your personal injury attorney cannot fix all of your financial woes. That is why I posted here about preparing yourself financially for the unexpected happening of an accident. If you put yourself in a good position to start from, full financial recovery in your personal injury case is much more likely.

Call or email us today to set up your appointment to discuss your financial recovery. There are no obligations and your initial personal injury consultation is free.

[post_title] => Financial Recovery may not mean what you think it means. [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => financial-recovery-may-not-mean-what-you-think-it-means [to_ping] => [pinged] => [post_modified] => 2017-06-16 14:00:31 [post_modified_gmt] => 2017-06-16 14:00:31 [post_content_filtered] => [post_parent] => 0 [guid] => http://overbeylaw.com/?post_type=news&p=1292 [menu_order] => 0 [post_type] => news [post_mime_type] => [comment_count] => 0 [filter] => raw ) ) [post_count] => 5 [current_post] => -1 [in_the_loop] => [post] => WP_Post Object ( [ID] => 1297 [post_author] => 3 [post_date] => 2015-11-04 19:07:51 [post_date_gmt] => 2015-11-04 19:07:51 [post_content] => If you haven’t already, you need to start keeping a daily journal of events related to your claim for your attorney to use in preparing your case for a jury. This is important for a number of reasons. Journaling First, you can use your notes to refresh your memory later as the case progresses. It is amazing how you forget some of the most painful physical feelings, and corresponding emotions, in your life. Include in your journal examples of how your life and physical pain have affected your daily life. For example, if you have a lower back injury and you cannot wash dishes, cut your grass, unload your groceries, or find a comfortable position in which to sleep, you should make notes in your journal about these difficulties and what you had to do to compensate for them. As a result of these difficulties, you may rely more heavily on your spouse or significant other to perform household duties such as washing dishes or vacuuming; you may hire a company to come cut your grass and perform other landscaping tasks; you may purchase a new mattress at your doctor’s suggestion that alleviates some of your pain while lying in bed. All of these items are a significant inconvenience to you and you should record them so that you remember them later. Second, it will help your attorney later to get a glimpse into your life and your pain and suffering. This glimpse will help your lawyer to prepare a demand package to send to the insurance company, and it will give him or her ammunition to challenge the insurance company’s refusal to offer a reasonable settlement. It will also better equip your lawyer to prepare for trial in your case if the insurance company refuses to offer a reasonable settlement. And third, at the end of the day, journaling is good for your spirit. Ten years from now, you can look back at all you have experienced and remember, “I have come this far, I am better today than I was then.” In the example of Samuel after Israel defeated the Philistines, Samuel “took a stone and set it between Mizpah and Shen, and named it Ebenezer saying, ‘Thus far the LORD has helped us.” 1 Samuel 7:12. It is good to remember the victories of recovery whether it be spiritual, emotional, physical, or financial. Thus, it is good to record memories whether they are good or bad. So write your journal and record everything related to your injuries. Set your Ebenezer stone in your journal and say, “Thus far the LORD has helped me.” [post_title] => Winning Your Personal Injury Case: Keeping A Journal [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => winning-your-personal-injury-case-keeping-a-journal [to_ping] => [pinged] => [post_modified] => 2017-06-16 13:54:58 [post_modified_gmt] => 2017-06-16 13:54:58 [post_content_filtered] => [post_parent] => 0 [guid] => http://overbeylaw.com/?post_type=news&p=1297 [menu_order] => 0 [post_type] => news [post_mime_type] => [comment_count] => 0 [filter] => raw ) [comment_count] => 0 [current_comment] => -1 [found_posts] => 31 [max_num_pages] => 7 [max_num_comment_pages] => 0 [is_single] => [is_preview] => [is_page] => [is_archive] => 1 [is_date] => [is_year] => [is_month] => [is_day] => [is_time] => [is_author] => [is_category] => [is_tag] => [is_tax] => [is_search] => [is_feed] => [is_comment_feed] => [is_trackback] => [is_home] => [is_404] => [is_embed] => [is_paged] => 1 [is_admin] => [is_attachment] => [is_singular] => [is_robots] => [is_posts_page] => [is_post_type_archive] => 1 [query_vars_hash:WP_Query:private] => d9987ff7e0b7a97fe0603453476460cf [query_vars_changed:WP_Query:private] => [thumbnails_cached] => [stopwords:WP_Query:private] => [compat_fields:WP_Query:private] => Array ( [0] => query_vars_hash [1] => query_vars_changed ) [compat_methods:WP_Query:private] => Array ( [0] => init_query_flags [1] => parse_tax_query ) )
Wednesday, November 4, 2015

Winning Your Personal Injury Case: Keeping A Journal

If you haven’t already, you need to start keeping a daily journal of events related to your claim for your attorney to use in preparing your case for a jury. This is important for a number of reasons.

First, you can use your notes to refresh your memory later as the case progresses. It is amazing how you forget some of the most painful physical feelings, and corresponding emotions, in your life. Include in your journal examples of how your life and physical pain have affected your daily life.

Category: Personal Injury
Continue Reading >
Wednesday, October 21, 2015

What to Look For In Your Personal Injury Law Firm?

Noise, there is a lot of it in the personal injury lawyer space. Personal injury lawyer marketing ranges from the blatantly silly to the obscenely insincere. Both give personal injury lawyers a bad name.

Every law firm that practices personal injury law advertises and you are only confronted with the best side of that law firm on a billboard, television commercial, radio commercial, yellow pages, internet, etc. All of this can be confusing if you are a novice personal injury victim, which is true of almost all.

Category:
Continue Reading >
Wednesday, October 14, 2015

Two Different Types of Personal Injury Victims

We all know that there are very different types of people in this world. And the same in true in the practice of personal injury law. Tragedy is an equal opportunity destroyer; it is no respecter of persons. So, when you work with victims all the time, there are some trends that you notice in people in the midst of their suffering. Often times, people and personalities range on a spectrum that runs from two very different extremes.

Here, there are two very different extremes and most people fall somewhere in between them. The bad extremes, however, create the stereotypes that often shape our responses to suffering in others. Without demeaning anybody who has suffered an injury through no fault of their own, I have created a list of the two different types of personal injury victims and a description of each.

Category:
Continue Reading >
Tuesday, September 1, 2015

The Insurance Company Said…

Remember, the adjuster is not your friend

If you have been in a car accident then chances are you’ve already talked to an adjuster before coming in to talk to a lawyer.  If you haven’t already noticed, the adjuster represents the insurance company, not you.  So when the adjuster says certain things, it is important to be cautious and skeptical about those things.

When folks come to see a lawyer, it is usually because their case has become too big to manage on their own or because the insurance adjuster refuses to offer a reasonable settlement.

Category: Personal Injury
Continue Reading >
Saturday, August 22, 2015

Financial Recovery may not mean what you think it means.

One thing that you might not expect to hear is that personal injury cases are not, and have never been, a get rick quick scheme. In fact, you will not hear the lawyers or team members at Overbey, Hawkins & Wright talk about hitting a home run or setting you up so you can play tennis or golf for the rest of your life worry free. That is simply not reality.

The stereotype, however, of personal injury plaintiffs is that they are out to get rich quick and that their lawyers are no better. As with most stereotypes, though, this could not be farther from the truth.

Category:
Continue Reading >