Hi, this is Seaman Lawyer Straight Talk. Here, I tell it to you straight. I tell you what you need to hear. It may not be what you want to hear - - but I am going to make sure you get all the money you are entitled to for your Jones Act injury. I help you win your Jones Act case. It really is simple - always tell the truth.
Always reveal prior injuries and claims. Most of the time, the Jones Act insurance company will know more about your medical history than you will. Seriously. Insurance companies have all sorts of ways to dig into your past medical history and prior insurance claims.
For instance, they have data bases on everyone. If you had a prior insurance claim or lawsuit, they will know about it. If you had a prior work injury, they will know about it.
Medical records today are all electronic. Chances are, they are going to find out about any prior injury you had, going back to high school and before.
Whenever you bring a Jones Act claim, the insurance company is hoping you are going to try and hide a prior injury or claim. Because if you do, then the Jones Act insurance company knows that they are going to use it to paint you out to be a liar. Nothing will be more damaging to your case. Meaning, they are going to have to pay you a lot less money for your Seaman injury claim.
Denying prior injuries or claims can be very damaging to your case. Always reveal prior injuries and/or claims that you remember.
What happens if you didn’t reveal a prior injury or claim? What now? First, you need to tell your lawyer immediately. Second, you need to tell your doctor that you remembered that you had a prior claim or injury.
If your lawyer tells you not to reveal the prior injury or claim - - it is time to get a new lawyer.
Finally, you need to know that even if you had a prior injury or claim, you are still entitled to all the maintenance and cure that you would be entitled to even if you didn’t have the prior injury and/or claim. Meaning, you are entitled to all the medical treatment and daily maintenance benefits.
In addition, a prior injury can make you what the law calls an “egg-shelled plaintiff.” Meaning you were more susceptible to being injured due to the prior injury. Either way, always tell the truth. Always.
This is why I wrote my book, Win Your Injury Case.