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Posted by attorney Jeffrey Jones


Imagine trying to prove to the insurance company, more than a year after you were injured, that for the two months after the wreck, you had to sleep in the easy chair instead of your bed, and that you had to lie down on the floor and have your wife put your pants on you; or that every time you opened a door or reached to turn something on with your left hand, you felt a sharp, stabbing, burning pain in your left shoulder that lasted for 30 to 45 second; or that after your wreck, your kids stopped coming over or staying as long because the medication you were on made you grouchy and sleepy. How would you do that and make it believable?

If you are injured, keeping a diary of how this injury affects your daily living will help you make these complaints more believable.

You can illustrate your inability to work, to take part in your recreational activities, how interaction with family and friends is diminished, your inability to get a good night’s sleep, and to perform your normal daily activities. This will be extremely important in illustrating your injuries and limitations and getting you the highest possible damage award from the insurance company.


Imagine what it would be like if you were presenting your claim for damages and were saying you "couldn’t lift 20 pounds," "couldn’t lift your arms over your head," and "couldn’t walk more than 200 yards." Then, after, you made your claim, the insurance company whipped out a videotape showing you being able to do all of these things? What kind of credibility would have you then? Not only regarding your injuries, but anything else you had said. Believe me, this happens! Having your every move videotaped after filing an accident claim is more the rule than the exception. How do you deal with that?

Well, if you are injured, be aware that the insurance company may be sending people out to watch, photograph or videotape you. They will then use this information against you if you say you can’t do something but they have you on videotape doing it. I have on several occasions had clients tell me they are being followed and sure enough, the other side produced a videotape of my client. On another occasion, the clients never knew they were being followed and videotaped, and the other side produced a videotape of them doing what they said they couldn’t do. My client not only shocked me, but lost all credibility and did not receive full compensation for their claims. Assume from the first day you make a claim that you are being watched and act accordingly.

Thank you for taking the time to read this material.

I hope this information has been both informative and helpful. Remember, it is very important to protect yourself if you are involved in a wreck. Statistics and studies have shown that insurance companies pay out less to people who try to settle the claim themselves than to those represented by lawyers. I have also authored a Special Report on Secrets the Insurance Company Doesn’t Want You To Know. If you have any questions about this information or want a copy of my Special Report or need legal help, please call me at (304) 345-3400 or 1-800-247-2845. I am located in Charleston WV.

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