Guidelines
How We Handle Your Injury Case


Most people who fail to hire a lawyer eventually regret their mistake. Insurance Claims Adjusters are highly trained professionals, and they will not hesitate to minimize and/or defeat your claim for damages. Some Claims Adjusters can be characterized by the old adage: ~ Pay little, Pay late, Pay nothing!

Call us immediately to schedule a face to face interview. Retain us as soon as possible to launch our investigation of your case. Bring all documents with you that pertain to your accident including photos, police reports, and medical bills. (Do not email documents to us until after we have reviewed your case and signed a Retainer Agreement with you.)

After you have signed a written Retainer with the Law Offices of Gary Wolfstone, let these suggestions also act as a guide for your conduct while this matter is pending. Our goal is to obtain a result that is just and fair under the circumstances. Money does not make up for the misery you suffer, but in this life, money is the only thing we can get for you. We will work hard to maximize your compensation!

Our criteria for accepting a new accident/injury case include these four points: (1) the accident has occurred in the state of Washington; (2) the accident is recent and you have not yet signed a Retainer Agreement with any other lawyer or paralegal; (3) you were injured and you are treating with a health care professional for this accident injury; and (4) we have no conflict of interest or other ethical problem in taking this case.

Contents

General Information
General Medical Information
Diary of Pain and Suffering
Communication with Doctors and Therapists
Medical Bills and Other Expenses
Job Information
Traffic Court Appearance
Complex Regional Pain Syndrome (CRPS)
Osteomyelitis (bone infection)
Surveillance By Insurance Companies
Squeaky Wheels Get Oiled
We Do Not Give Medical Advice
IME (Independent Medical Exam)

General Information

These are the most frequent concerns of our clients:

• Beware of direct dealings with Overachieving Claims Adjusters! Adjusters frequently try to take recorded statements with the comment: "I want to find out what happened." Why can't the Adjuster "find out what happened" by interviewing his own insured; by reviewing the police report; and by interviewing the independent witnesses? Truth is, the Adjuster wants to take your statement to build a case of comparative fault against you. Instead of giving a statement, ask the Adjuster to call your lawyer!
• Do not talk to anybody about your case other than your lawyer, a support staff person from your lawyer's office, or your doctor's office. Let us know how we may reach you if you leave town for more than three days. We need your physical mailing address, cell phone number (land line and cell number) and email address at all times during our representation. Let us know promptly if you suffer any subsequent injuries.
• Sign nothing dealing with your claim unless you receive approval from Gary Wolfstone, after you retain us. Occasionally, a new client will have signed a medical release authorization for an Adjuster, but your attorney can revoke this authorization with your consent.
• If your case involved an auto accident, please provide us with a copy of your insurance policy.
• Do not discuss your claim with any Claims Adjuster (from your company or your opponent's company), but instead advise the Adjuster that you have retained our office and that you would be pleased to provide a statement if s/he would call our office and set up an appointment (with our approval and with our participation).
  Clients are frequently puzzled about this admonition, and the point to bear in mind is that any statement you give to any person can be used against you in a litigation setting and entered into evidence when your case proceeds as far as a deposition or courtroom trial or hearing. Of course, you would tell the truth if you did give a statement (and ultimately you must give a truthful statement in the deposition context if your case cannot be settled), but a dishonest Adjuster (and some Adjusters are dishonest and overzealous) could easily confuse you or create ambiguities in statementizing you. Discretion is the better part of valor - err on the side of giving no statements unless and until you are sitting beside your attorney and refer all inquiries to your lawyer.
  Notify our office immediately if you move or get another telephone number (land line or cell number or both) or email address.
  We should have your work telephone number (land line or cell number or both) and work email address. If this changes, also notify us.
  Let us know how we may reach you if you leave town for more than three days. We need your physical mailing address, cell phone number (land line and cell number) and email address at all times during our representation.

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Medical Information; Duty of Mitigation

Take photographs of all your visible personal bumps, bruises, scars or any other illustrative evidence of your mishap. We may wish to have this done professionally, as well. But first, take your own photographs and share them with your doctor in order to determine whether further photography is appropriate. Ask your doctor to keep any photos in your medical chart.
Continue to see your doctor if you have accident-related pain or discomfort. The law provides that your medical bills and treatment must be "reasonable and necessary." Be consistent in meeting your medical appointments. Do not give the doctors or therapists an excuse for putting disparaging remarks into your chart notes - for example, "Patient was a No Show today," or "Patient took off a block of three weeks with no treatment due to an apparent vacation in Hawaii! - without informing the treating doctor and contrary to medical advice." If you are taking a trip in the middle of your treatment plan, discuss it with your doctor. Your claims adjuster can raise the question of mitigation, and any person seeking recovery does have a duty of mitigation. Make full disclosure! If you fail to follow medical advice, the defense can argue that you failed to mitigate your damages. Every injured person is entitled to be compensated for injuries but is also duty bound to "mitigate his or her own damages."
Always err on the side of total honesty; do not overstate or exaggerate your problems. We do not wish to represent a client whose moral compass is askew: common sense and integrity are the key to achieving a good result.
Do not overlook the need to consult and treat with a psychologist or psychiatrist for accident-related mental health problems. Anxiety, depression, phobias and PTSD are occasionally noted in serious injury cases. It is also possible for a traumatic physical injury to light up pre-existing mental health disorders. Quite often these problems will be more apparent to friends and family who will recommend consultation with a mental health professional.
Let us know if you are required to return to the hospital. If any doctor refers you for a CT scan or an MRI, be sure to let us know of the date and facility where this has been accomplished. Do not miss appointments for treatment or for diagnostic procedures. We insist that every client must care about his or her case as much as we care about your case. Be responsible and be honest.

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Keep A Diary of Pain and Suffering

If your case goes to trial, your jury is instructed to compensate you specifically for pain and suffering. Keep a daily diary of all complaints of pain or discomfort, including a record of all times you are unable to perform your duties whether at home or at work. This is important because at a later date you may be asked on what days you had pain and what specific limitations the injury has imposed upon you.

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Communication: Doctors, Therapists

At the conclusion of your treatment and therapy, Gary Wolfstone wil request final medical reports, notes, and records. Whether it is a final medical report from a physician or a daily log (progress and therapy notes) from a physical therapy firm, these medical records will contain many remarks that you have made to the health care professional and will affect the value of your case. Accordingly, you should realize that what you say to the doctor or nurse or therapist may be used in your case.
You should always speak truthfully when making statements to your health care professionals, but beware of overcommunication ("patient seems to whine and complain excessively") or undercommunication ("patient seems to be stoic and not really troubled by his/her pain and discomfort").
Giving your "history" to the doctor or nurse is vital. Without an accurate history, the doctor cannot make an informed diagnosis. Problematically, however, some doctors give undue emphasis to prior injuries and thereby throw a cloud over the injuries for which you are presently seeking treatment. If you have had prior injuries, disclose them accurately, but also be sure to place them into proper perspective. If the old injuries are no longer symptomatic and if, prior to this accident and injury, you had recovered completely from them, it is essential for you to make that distinction carefully in giving your history.
Claims adjusters are well-trained by insurance companies to go through medical records with a fine-tooth comb in order to identify "priors" which may explain the "true reason for all of this treatment." A dishonest claims adjuster will have a field day with your medical records if your doctor or nurse has elicited from you a lengthy description of some old injury which is totally unrelated to the present problem. When it is accurate and appropriate to say so, be clear in characterizing old injuries as quiescent and no longer causing symptoms.

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Medical Bills; Other Expenses

If you have any medical insurance coverage, for example, employment-related health insurance, or even medical pay coverage on your vehicle, these claims should be made immediately. It is essential to determine whether you are eligible for PIP (Personal Injury Protection) assistance either from your own carrier or the adverse party's carrier. We will be happy to assist you.
Send us all bills that you receive as a result of your claim (whether paid by insurance or not).
Obtain a receipt or bill for all drugs and appliances prescribed by your doctor and paid for by you. Send us all such bills and receipts.
Keep a list of all prescriptions with dates, name of drug, and cost; do not throw away any of the bottles.
If your injury involved an auto accident, obtain two estimates of the car repairs your vehicle will require. Take photographs of your vehicle and supply them to our office with the negatives. Also, inform our office staff where your car is being stored if you are not in possession of it. Make sure that towing and storage bills are paid.
Keep a list of names, dates, and amounts expended for transportation charges, babysitting, household help, or any other out-of-pocket expenses.

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Job Information; Medical Benefits

It is important that you go back to working full time as soon as your doctor advises you to do so. Let us know when the doctor tells you this and the date that you return to work. But if your employer offers a part-time or permanent "disability program" and if you apply for that, be sure to let us know and supply us with any paper work associated with your participation in that program.
Time loss from work is an important element of your damages. In order to get you paid for this, Mr. Wolfstone will need two things at the end of your case: First, he will need a letter from your employer (signed by a supervisor) on company stationery confirming that you were employed (and stating whether your were a part- time or full-time employee), your rate of pay, and how much time you missed from work. This letter should refer specifically to the accident date for which the claim is being made. If fringe benefits can be translated into an hourly rate, the same letter can elaborate: for example, "This person's fringe benefits have a value of approximately $20.00 per hour in addition to the stated salary."
Second, in order to get you paid for your wage loss, Mr. Wolfstone must obtain a letter or narrative medical report from your physician stating that you were in his or her opinion medically excused and justified in not working for the specific period of time for which the claim of temporary disability is made. In other words, the wage loss letter from the employer will coincide with the wage loss letter from the physician. With both the employer's information and time frame in hand, and the physician's excuse and time frame in hand, the insurance company will ultimately be forced to reimburse you.
If your injury involves a so-called "permanent partial or total disability" then your employer will be an important witness in your case. Describing your job duties, explaining why you cannot perform your duties post- injury, and giving a favorable report on your pre-injury job performance and attitude will firm up your claim for future wage loss. Keep this point in mind as you talk to co-workers and supervisors. If you expect supportive testimony and a favorable report, start to lay the foundation now.

We encourage face-to-face meetings. Afternoon meetings work best for us since we can frequently spend our mornings in court on the motion calander. Let's make an appointment.

Let us know immediately if there is any change of email address, employment, raises or reductions in salary, or loss of job. Keep a record of all times you are unable to work or perform your duties, including dates and reasons why you are unable to work.
If you apply for disability benefits (temporary or permanent), your employer will have a lien for reimbursement against your recovery. It is imperative and positively essential for you to notify us if you apply for any benefits from your employer or if you apply for any kind of "workman's compensation" benefits. Your state or perhaps the insurance company who contracts with your state to assist you with workman's comp or labor and industries claims, will have a lien for all benefits paid to you or paid to health care providers for you. You must alert us to liens and possible liens so that we can protect you. We will attempt to negotiate or reduce liens, but you must keep us informed about all benefits you are receiving from any source.

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Traffic Court Appearance

A traffic court appearance may be necessary if the offending driver was given a citation by the investigating police authority and if s/he challenges the police officer's conclusions or impressions.
A quick reference to your copy of the police report (if the collision was investigated by the police) will tell you whether or not there was any enforcement action. If there was enforcement action against the offending driver, and if the offending driver attempts to challenge the ticket, you will be notified via U.S. Mail of the date, time and place of the traffic court appearance.
If the offending driver indicates to the traffic court authorities that s/he will make this challenge, you should receive a summons through the mail as a material witness. You must discuss this court appearance with Mr. Wolfstone as soon as you receive the summons.
It is vital to your case to appear in traffic court and testify truthfully against the offending driver. Your testimony will probably be consistent with and, therefore, reinforce the testimony of the police officer who gave the citation and will almost certainly result in a conviction for the cited traffic offense.
Needless to say, the insurance company who covers the offending driver will be influenced by this success or lack of success in contesting the citation. Before you leave the traffic court, ask the Clerk for a "hard copy" of the traffic court's findings and ruling. Be sure you have noted the name of the court and the name of the judge.

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Complex Regional Pain Syndrome (CRPS)

If your pain seems out of proportion to the severity of your injury and out of proportion with what you or your doctor had expected, be sure to ask the treating or consulting physician to rule out a possible "complex regional pain syndrome (CRPS)" which is especially associated with crush-injuries. Complex regional pain syndrome (CRPS) is a form of chronic pain that usually affects an extremity such as an arm or a leg or a foot. CRPS is uncommon, and its cause isn't clearly understood. Treatment is most effective when started early. Improvement is possible.
Reflex Sympathetic Dystrophy (RSD) Syndrome is an older term used to describe what we now diagnose as Complex Regional Pain Syndrome (CRPS). Both RSD and CRPS are chronic conditions associated with severe burning pain. The injury giving rise to CRPS or RSD is typically a crushing blow to an arm, leg, hand or foot.

Gary Wolfstone has extensive experience with CRPS cases and consistently achieves six figure settlements for CRPS injuries.

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Osteomyelitis (bone infection)

Osteomyelitis, or bone infection, can occur when bones are broken or fractured and exposed. Osteomyelitis can occur in the upper or lower jaw bone after dental extractions. When a patient develops osteomyelitis following an injury, s/he is said to have contiguous osteomyelitis. When a patient develops osteomyelitis via the bloodstream, s/he is said to have haematogenous osteomyelitis. Fever and extreme bone pain are the two most prominent markers of osteomyelitis. Swelling, redness, and swollen lymph nodes are also signs of osteomyelitis. Osteomyelitis is a bacterial infection caused by the Staphylococcus bacteria which has come into contact with exposed bone.
Osteomyelitis is particularly dangerous because it does not show up on a dental x-ray. The oral surgeon who extracted your teeth may or may not suspect osteomyelitis when you return to the dentist's office with extreme pain following extractions. If s/he is truly competent, the oral surgeon would send you immediately to a physician-surgeon at a major hospital in the Infectious Disease Department. The experienced physician-surgeon will know that osteomyelitis does not show up on a dental x-ray. Osteomyelitis will only show up on a scan with contrast or an MRI. The physician-surgeon will surgically remove the infected bone under general anesthesia and place you on intravenous antibiotics. Delay could be catastrophic and result in amputation, deformity and ultimately sepsis.
A medical negligence lawsuit might be appropriate against any doctor or dentist or oral surgeon who failed to recognize and aggresively treat the osteomyelitis. Statutes of limitations do apply so time is of the essence.

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Surveillance by Insurance Companies

Insurance companies can and rightfully do conduct surveillance of accident claimants with hidden cameras. If the claimant then denies that s/he can mow the lawn or stoop or bend, the insurance defense counsel will be permitted to show the film to the jury as impeachment evidence.
Hence, we emphasize the paramount importance of answering truthfully all questions in deposition and trial testimony about your ability and physical limitations, if any there be.

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Squeaky Wheels Get Oiled

Communication is important, and we expect to receive your emails. However, any lawyer who is worth his salt is busy and frequently pre-occupied with other appointments and projects. Be persistent and be patient.
Do not become frustrated if you call our office and cannot speak with Mr. Wolfstone on your first try. Try and try again! Leave your name and number. Wait twenty minutes and call a second time. We do return calls, and occasionally we call back a day later. Try sending us an email at garywolfstone@gmail.com
Persistent callers, and especially clients who can be brief, always get our attention. Squeaky wheels get oiled! Send us an email at garywolfstone@gmail.com

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We Do Not Give Medical Advice

We do not give medical advice. We will not at any time dictate what treatment a client should receive. Instead, all decisions about the nature, extent and duration of your treatment should made jointly by and between you and your health care providers. By the same token, you should always be apprehensive about a doctor or other health care provider who is giving you legal advice!

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Independent Medical Exam (IME)

Insurance companies who are contractually bound to pay your accident-related medical treatment bills frequently ask for an IME (Independent Medical Exam) in the middle of your treatment. If a PIP (Personal Injury Protection) claims adjuster has ordered the exam, you must comply in order to continue receiving benefits under the PIP coverage. The IME doctor is hired by the claims adjuster and conducts a scheduled exam in his or her medical office. The IME doctor renders a written report, and depending upon the IME doctor's conclusions and recommendations, the claims adjuster who receives the IME report might terminate the treatment as excessive with the characterization that your continued treatment is "neither reasonable nor necessary." The treating doctor and patient can continue treatment despite this termination, however, the claims adjuster will discontinue payment unless and until a court of law rules that the termination was "insurance bad faith."
If the claims adjuster and IME doctor are working with you "in good faith" then there is no reason to feel apprehensive about submitting to an IME. After all, you have placed your injury and treatment in controversy when you launched your claim and applied for financial benefits. But if the claims adjuster is working with you in "bad faith," then the IME is being weaponized in order to diminish or defeat your claim. That distinction - "good faith or bad faith" - will manifest itself and become obvious as the case progresses.
Let's assume, at first blush, that the claims adjuster is working in good faith, but let's also be prepared for the possibility that the claims adjuster is actually looking for a way to muddy the water and terminate payment for further treatment. If the claims person does arbitrarily conclude your treatment, s/he will not only interfere with your healing and recovery but also reduce the settlement value of your injury claim.
The law offices of Gary Wolfstone is definitely interested in achieving a good result for our client without claims-adjuster-mishief! However, for the protectiion of our client's case, we supply our client with the below form (Instructions to Client and Report to Attorney) prior to the IME:

INSTRUCTIONS FOR MR. WOLFSTONE'S CLIENT
INDEPENDENT MEDICAL EXAMINATION (IME) PREPARATION

Be Sure To Take Someone Into the Exam Room With You!

A. READ THIS FORM THOROUGHLY PRIOR TO EXAMINATION. Read this form now upon its receipt, and then read it again the day before the scheduled appointment. When you leave the doctors office, fill out the form as soon as possible. Sit in your car and with pen, note the time, and fill out the information.

B. BE FRIENDLY, COOPERATIVE, & HELPFUL. However, be aware that the doctor is not examining you to help your medical condition. S/he will be examining you for purposes of preparing a medical report and/or testifying for the PIP Adjuster should they try to limit or cut off your treatment. The PIP adjuster has perhaps already said that s/he is sending you to an IME because of a gap in treatment (if there was a gap) or excessive treatment charges (if your treating doctor has been running up an extraordinay bill). Be prepared to explain the gap or extent of treatment in simple and straightforward words.

C. TELL THE TRUTH. Be sure to state the facts as accurately and truthfully as you can to the best of your knowledge. If you cannot be accurate, indicate that you do not recall exactly. In informing the doctor about all of your physical and mental problems related to the accident, be sure you describe all the activities which you are unable to do now because of the accident. Be detailed in describing how the accident has affected your ability to perform these activities. If you neglect to tell the doctor of any of the problems you now have or have experienced in the past, they will not be included in his report and may have a direct bearing on the outcome of your case.

D. BE CAREFUL IN TELLING HOW THE ACCIDENT HAPPENED. The doctor will want to know how the accident happened. Use simple, general terms in relating how the accident happened. Avoid volunteering measurements, speed or details if you are not certain of specific measurements, speed or details. An example of a general accident description might be: I was driving my car and was hit broadside on the drivers side. If you are not certain of specific measurements, speed or details, it is appropriate to say I am not certain of speed or measurements or details, but I will do my best to estimate speed or measurements or details.

E. BE CAREFUL IN TELLING THE DOCTOR ABOUT WHAT OTHER DOCTORS HAVE TOLD YOU. Answer his/her inquiries in a general manner. It is appropriate to simply say, I will let Dr. __________ (your treating doctor) speak for herself or himself. I am sure that the PIP adjuster who ordered this IME can supply you with a copy of the treating doctor's chart notes. The PIP adjuster has access, and you are welcome to review all of that medical data.

F. YOU WILL BE OBSERVED AS SOON AS THE DOCTOR SEES YOU. The doctor will watch your movements and observe how you remove your coat, how you sit, how you walk and stand, etc. and whether or not you are having any difficulties. Also, defense medical doctors sometimes appear to be interested in complaints of pain in one part of your body when they are actually interested in another part of your body.





CLIENT'S REPORT TO ATTORNEY
ON INDEPENDENT MEDICAL EXAMINATION

IME DOCTOR: Dr. ___________M.D., D.O. or D.C

1. Client's Name: _______________

2. Office address of IME doctor:_______________

4. Arrival time: __________

Departure Time: __________

5. Waiting time in the Reception/Waiting room: __________

6. Actual time spent with the doctor: __________

7. Time spent in answering doctors questions: __________

8. Time spent for the physical examination: __________

9. Time spent answering nurses questions prior to seeing the doctor:

10. Time spent having x-rays or labs tests taken:

11. If x-rays and labs were taken, explain what was done (what part of the body was x-rayed; what kind of labs were taken):

12. In the administering of the doctor's tests or examination, if the IME doctor hurt you in any manner as to cause you any pain, please explain the circumstances:

13. Please list any questions you recall the doctor asking you and what your response was:

14. Please list any comments the doctor made to you regarding your legal case, your injuries, or his/her opinion:

15. List here any other comments or information you feel are important:

x________________(signature of client)

x________________(date and time when signed)

[This page current and final as of June 24, 2024]
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