Dirk Derrick (00:00):
Welcome to The Legal Truth, the podcast created to provide you general legal information about South Carolina law, lawyers, and the legal process, and hopefully prevent you from being surprised by the unexpected. We will answer many of the questions I've been asked during the past 35 years about South Carolina personal injury claims and workers' compensation claims. We will also discuss existing laws and proposed changes in the law and how they affect you. My name is Dirk Derrick, I'm the founder of the Derrick Law Firm, and I'm your host.
Voiceover (00:35):
Please see required ethics disclaimers in show notes.
Dirk Derrick (00:42):
Welcome to The Legal Truth Podcast, I'm Dirk Derrick here with co-host Pearl Carey.
Pearl Carey (00:47):
Yes.
Dirk Derrick (00:48):
Pearl, how are you doing today?
Pearl Carey (00:51):
I'm doing great, how are you?
Dirk Derrick (00:52):
I'm doing fine.
Pearl Carey (00:52):
Yay.
Dirk Derrick (00:53):
I'm doing fine. It's pretty wind-sty here in Conway.
Pearl Carey (00:56):
Paradise on earth.
Dirk Derrick (00:58):
Yeah. Today we're talking about truth about how people greatly harm their own personal injury claims.
Pearl Carey (01:05):
Yes.
Dirk Derrick (01:06):
This is a good subject.
Pearl Carey (01:07):
Absolutely, let's get into it.
Dirk Derrick (01:09):
All right.
Pearl Carey (01:10):
First question, what are the biggest things you've seen over the years where people have, for lack of a better term, messed up their own cases?
Dirk Derrick (01:17):
Number one, be honest. There's a couple of different categories where people mess up, there's a category where they do things that are used against them by the insurance adjuster and defense attorneys down the road, and then there's things as far as procedure and process that mess up. Let's look about what insurance adjusters and what defense lawyers will use against people, and it's usually self-inflated, number one is, be honest.
Pearl Carey (01:50):
Right.
Dirk Derrick (01:51):
Anytime you bring a personal injury claim or any kind of claim, any kind of lawsuit, while you're in front of 12 people, your credibility is the most important thing. If they can show that you've lied about anything, the jury will wonder whether or not you'll lie about this.
Pearl Carey (02:10):
Right.
Dirk Derrick (02:11):
Especially if you're asking them for money. So the jury doesn't want to be taken by somebody who's not telling the truth, and so it's very, very important to tell the truth in every aspect of the claim. That starts off with a police officer, starts off with your lawyer, when you go to a doctor, to be honest with your doctor about your prior medical history, be honest with what you're feeling, what problems you're having, be honest. If you are just giving a statement to the insurance adjuster, testifying anything, got to go in with, I'm going to be honest about everything, tell the truth.
Pearl Carey (02:51):
Just be transparent.
Dirk Derrick (02:52):
Yep. Because there's a lot of ways to investigate things nowadays, and a lot of times we get to cases and have depositions and our client's being deposed and the other side already knows the answer to the questions, they're just giving them opportunities not to be honest. And if they can find something that they can impeach them on as far as not being honest, it hurts the case greatly, it can kill the case. So that's the number one thing, be honest.
Pearl Carey (03:21):
Absolutely. And do you feel like juries are more likely to point out if someone's lying? Do you feel like there's some misconceptions that go along with people speaking to their attorneys and not being truthful or?
Dirk Derrick (03:33):
The juries, absolutely. We do a lot of focus groups, I think I've watched my four hundred and tenth jury in the last four years-
Pearl Carey (03:43):
Crazy.
Dirk Derrick (03:43):
... This week, I going to watch number 11 and 12 tonight.
Pearl Carey (03:43):
See that?
Dirk Derrick (03:49):
If they smell dishonesty, and it can be somebody not telling the truth about anything, it can be somebody who's malingering. We ask focus group members if they believe that this particular plaintiff who's been injured, are they a whiner or a warrior? Because they sniff out people who exaggerate and who aren't completely honest, it doesn't have to be a straight out lie, but if they start exaggerating, the jury picks up on it.
Pearl Carey (04:16):
Or if there's some gray areas or things that just aren't quite adding up, people are going to examine their character and find that out.
Dirk Derrick (04:22):
Absolutely. But like our mamas and our grandmamas told us when we're little, be honest, that'll solve a lot of problems.
Pearl Carey (04:29):
Absolutely. So number one we're saying is honesty, just being transparent with your lawyer from the very beginning of your case is vital. So what would you say is the second most important thing someone needs to think about when they're working with their attorney and examining their case?
Dirk Derrick (04:42):
Well, the second thing that greatly harm their cases as it relates to insurance adjusters and defense attorney would be someone who is not doing what their doctor tells them to do.
Pearl Carey (04:56):
Not going to appointments or?
Dirk Derrick (04:58):
Not going to appointments. Somebody is living their life just doing their thing, then they get hurt, all of a sudden they got all these medical appointments, they have to go to physical therapy three times a week or they having to do this or this doctor wants to put a needle in their back, they want a needle in their back, they want to do this, want to do that, everything a claimant does after the date of accident is a piece of evidence. What happens up to the accident going backwards or up to the incident going backwards, there's nothing we can do about it. From the incident forward, everything the plaintiff does is evidence, and everything they do, everything they say from that point forward is evidence. That evidence can be good for them, bad for them or neutral. If they go to a doctor and the doctor says, to get you well, I want you to do A, B and C, and they say, I don't think so.
Pearl Carey (05:56):
Or I don't agree, right?
Dirk Derrick (05:59):
They can go get a second opinion, but if they don't do what their doctors tell them to do to try to get them better, juries are not very kind to them on awarding money for any kind of pain or any kind of problem they say they're still having when they haven't done everything possible-
Pearl Carey (05:59):
Possible.
Dirk Derrick (06:17):
... For themselves.
Pearl Carey (06:18):
Absolutely.
Dirk Derrick (06:18):
That's the biggest thing, not doing everything for themselves. If they're doing everything for themselves, that carries the day with the jury, if they are not, it's going to harm them. All the focus groups I've watched, that's the biggest thing that harms claims, is when claimants don't do everything they can do to get better. Now people have lives, there's people who can't go to therapy three times a day-
Pearl Carey (06:50):
They have work.
Dirk Derrick (06:50):
... And still make money to support the family, totally understandable. But as understandable as it is, it does have an effect, if they do not do what the doctors are recommending, what their doctors tell them to do to get better, they better have a dang good excuse.
Pearl Carey (07:06):
If you don't-
Dirk Derrick (07:06):
If you don't-
Pearl Carey (07:07):
... Juries are going to judge you on that.
Dirk Derrick (07:08):
... That'll reduce the value of you claim, it doesn't matter what kind of person you are, they are going to reduce the value of your claim.
Pearl Carey (07:14):
Absolutely. So have you seen cases where someone explains it and they say, look, I had family things come up, I had job things come up and that's why I've been missing these doctor's appointments? Have you seen those, for lack of a better term, excuses work with a jury or?
Dirk Derrick (07:28):
Well, yeah, or reasons, I wouldn't call them excuses, there are some excuses but reasons. If it's a reason that has validity and has proof behind it, people understand all that. I asked a focus group the other night to raise their hand if they've ever been told to do something by a doctor and they chose not to do it, and it was 12 for 12.
Pearl Carey (07:48):
That's interesting.
Dirk Derrick (07:49):
The same 12 people had just been saying that the plaintiff didn't do everything the doctor told her to do.
Pearl Carey (07:54):
Right.
Dirk Derrick (07:55):
I thought it was extremely ironic that they were giving the claimant a hard time, but then all 12 indicated they had done the same thing and thought they had justifiable reason to do so. The lesson I got from that is, it's different when it's them-
Pearl Carey (08:08):
Yeah, versus the plaintiff.
Dirk Derrick (08:10):
... Versus somebody who's asking for money. So that decreases value for our clients as much or right behind the honesty thing. So honesty and doing everything you can do to get better, including everything the doctor advises you to do. Now if I have a doctor and the doctor says, I want to do surgery on you, and you say, well, I'm living it with it right now, I'd rather live with it as long as possible, people understand that. Or if you say, I want to go get a second opinion, people understand that. But it's just when he says, I think you need surgery, I don't want surgery, well, let's put injection, I don't want injection.
Pearl Carey (08:46):
Saying no to everything.
Dirk Derrick (08:47):
Do physical therapy, I don't have time. If you were in a jury, you would have some of the same thoughts, you put yourself in the juror's position, I'm going to listen to you, but if you're not doing everything you can on your own, why should we compensate? Because we don't know what the damages would be if you would do everything that a doctor [inaudible 00:09:06].
Pearl Carey (09:07):
There's a bit of murkiness there if people aren't going to their appointments or if they're not being entirely honest with their attorney.
Dirk Derrick (09:07):
Right.
Pearl Carey (09:13):
I know that you mentioned that going to the doctor is really important when you're told to do so, and then also being honest with your attorney whenever possible. What would you say is the third thing people need to avoid?
Dirk Derrick (09:29):
I think something that good defense lawyers and insurance adjusters use, and I don't necessarily think it's a fair tactic, but it can be an effective tactic, I've said, everything you say, everything you do after the event becomes a piece of evidence. Well, if you're on social media and you're posting things, you're just handing the other side pieces of evidence.
Pearl Carey (09:50):
They can find that.
Dirk Derrick (09:51):
I've just seen fishing pictures on social media where people are smiling with their family and the other side's arguing, well, you weren't hurting then.
Pearl Carey (09:51):
My goodness.
Dirk Derrick (10:02):
A lot of social medias, people put on their best face, they're not going on social media with a in traction or getting treatment or a heat pad on their back and they take that to make that appear to be your everyday life to hold down the damages.
Pearl Carey (10:19):
So just a little snapshot can have a big impact?
Dirk Derrick (10:20):
They can have. Anyway, it has impacts on the jury, again, the jury does not want to be taken.
Pearl Carey (10:27):
Right.
Dirk Derrick (10:28):
The jury's weighing all the evidence. If plaintiff's testimony, the doctor's testimony that she's got this problem, this causes these limitations, these restrictions, and then there's 150 social media pages with somebody smiling and look happy, what they saying is, has it really affected her life? So I don't want to say people are messing up their case, but I'm telling you, they use it in such a way to hold down damages.
Pearl Carey (10:55):
Right.
Dirk Derrick (10:55):
To hold down what a jury may understand to be the true effect of an injury going forward.
Pearl Carey (11:03):
Social media can be used as a tool to paint a picture of a plaintiff that might not necessarily be true?
Dirk Derrick (11:09):
That's right. It's good piece of evidence, I can't imagine a defense lawyer not going through everybody's social media. And it's actually unethical for a lawyer to tell their client, get rid of that picture, because it's destroying evidence.
Pearl Carey (11:24):
Okay.
Dirk Derrick (11:25):
So what would be a wise thing to do if you have the incident? Stay off social media pool.
Pearl Carey (11:30):
Right, take a break.
Dirk Derrick (11:31):
Don't be telling the whole world about your incident, think about it. Just understand there's new sets of eyes looking at what you put them on social media to see if there's any way they can use it to harm your case.
Pearl Carey (11:46):
Firstly, you said to be completely honest with your attorney, and then the second thing that we've mentioned is the importance of visiting your doctor and going to doctor's appointments when possible. And lastly, we mentioned the importance of staying off social media when possible as well. So what would you say is the fourth thing that people need to avoid in terms of their case?
Dirk Derrick (12:04):
The fourth thing as far as the building of a case is losing contact with your attorney, not working with your attorney. I really like our clients to understand that when we get involved, we're now a team and all we're trying to do is build a case that is based upon truth and based upon everything we know that's going to add value to the client. And we need the client's participation in that, we need to know what they liked to do before, who they did it with, are there any pictures of them doing it? Who can testify before and after witnesses? We need to be a team, and I'm not saying ... I think a great majority of our clients [inaudible 00:12:53] well with us.
Pearl Carey (12:54):
Check in.
Dirk Derrick (12:55):
[inaudible 00:12:55] In the past where someone hires an attorney and then disappears for six months and then gets back in touch with an attorney, and by that time, things have happened-
Pearl Carey (13:10):
Time has passed.
Dirk Derrick (13:11):
... Time has passed. And just it harms the claim if the attorney and the client aren't working together.
Pearl Carey (13:18):
Right.
Dirk Derrick (13:19):
It could be the same thing if the attorney's not contacting the client. We have a policy at work, we're calling our clients, we've got medical liaisons who's staying in touch with them to keep up with what's going on, getting answers from them. Our lawyers call our clients to stay in contact, our clients call our lawyers whenever they want to. Because we want that relationship because a relationship is important to build a solid case.
Pearl Carey (13:44):
I know that we've discussed four things so far that can greatly affect someone's success with their personal injury claim. What would you say is the fifth thing people need to avoid or look out for?
Dirk Derrick (13:53):
I think that the fifth thing is out of the stuff that's used against us at court and goes back to things that people harm their cases before attorneys are involved. And it's mainly how they deal with the paperwork they may be receiving from an insurance company and the legal consequences of paperwork. They can be given a HIPAA form, if they sign it, insurance company can look at all their medical records and their whole history that can harm their case. They can be asked to give a recorded statement, that recorded statement if not given correctly and everything put in context can be taken out of context when it's in a transcript form and used against them in the future.
(14:39):
They can be asked to sign a release on a portion of a settlement or a single policy, and by signing the release, they waive all other recovery that they don't know about. So they can waive policies and coverages by signing with an unrelated insurance company. By signing a release, they can sign what seems to be an innocent property damage release and it can have consequences that hold down their damages in the future. In South Carolina, you can actually collect unit of damages from the property damage coverage on the vehicles. I've seen people settle their property damage claim or amount they think is fair for their car, sign a full release, the property damage coverage, and they've just prevented themselves from getting that money on their punitive damage claim.
Pearl Carey (15:39):
No.
Dirk Derrick (15:39):
People don't know that you can collect punitive damages off your property damage coverage, which sign it, but then they've thrown thousands of dollars down the drain.
Pearl Carey (15:49):
And they might not even know.
Dirk Derrick (15:50):
They would not. So basically, it's them not understanding how documents can be used against them, what documents totally close out their case, and what the consequence of these documents on their claim and the damages that they're entitled to. So those are bad conversations, those are conversations from somebody who come in and have signed the wrong thing-
Pearl Carey (16:18):
They didn't realize.
Dirk Derrick (16:19):
... They didn't realize that they've waived claims and their case is over, and that's not a good conversation.
Pearl Carey (16:26):
Absolutely, that sounds really devastating for some people. So I know that you mentioned that sometimes people can, unbeknownst to them, sign away their rights to pursuing further litigation to get punitive damages for their case. What exactly are punitive damages for our first-time listeners?
Dirk Derrick (16:42):
Punitive damages are damages that are recoverable in South Carolina for the reckless conduct of the defendant.
Pearl Carey (16:42):
Okay.
Dirk Derrick (16:51):
Punitive damages come about when someone is reckless or acting in reckless disregard to the safety of others. It's beyond negligence, something like when someone's drunk driving, a bar selling alcohol to a drunk person, they know they're drunk, punitive damage. Drunk drivers get punitive damage, reckless driving, distracted driving, people texting and are distracted by their phones and that calls for it.
(17:18):
That adds a lot of value that people don't think about, they're thinking of medical bills, lost wages and they're not even thinking about the damages that could be obtained for punitive damages, so the policy [inaudible 00:17:32]. The coverage, those punitive damages can be collected off an automobile policy from the bodily injury coverage and the property damage coverage. So what we're talking about when people sign their property damage release, they can release our ability to get those punitive damages paid through their property damage.
Pearl Carey (17:56):
If they sign and they're not really looking, or maybe they just don't know, they can sign away their right to being able to sue for punitive damages?
Dirk Derrick (18:04):
Not the right to sue, but the right to deflate it against that policy. Now, if they sign a release, they've waived their right to recover anything for actual or punitive damages. People would not know that by reading the release that they're waiving, but that's a way that people harm their cases, by just lack of knowledge.
Pearl Carey (18:26):
Right. So that's maybe a good reason for people to talk to a lawyer before they sign anything from their insurance adjuster.
Dirk Derrick (18:32):
Yeah. When people hire us, we say, don't sign anything, don't sign property damage release, don't sign anything without us looking at it because there's just so many unforeseen consequences of signing legal documents that arise out of these situations.
Pearl Carey (18:50):
Absolutely. Well, thank you so much for speaking to me about the importance of being honest with your attorney about everything and not signing anything until you speak to your attorney. So obviously, there are a lot of things that people need to consider that could greatly harm their personal injury case, are there any last things you'd like to mention?
Dirk Derrick (19:07):
I would just say that if someone has a question about it, they can call and we'll talk to them, it doesn't cost them anything, and we can give them some advice as far as whether they should do something or not do something if they hire us or not. We believe in getting lawyers on the phone with people, there's a fault in the industry that you let intake department sign people up, and that makes me extremely nervous that lawyers aren't involved early on giving people advice as soon as they call in. So we get people on the phone with one of our lawyers quickly.
Pearl Carey (19:39):
Right away.
Dirk Derrick (19:39):
And it doesn't cost anything, they have questions. If you have any questions about whether or not you don't harm your case by doing or signing or saying anything, feel free to call us, we'll give you an answer. Again, it doesn't bind you to hiring us and it doesn't force you to payment, we don't like to see people self-inflict themselves into harming themselves. So they can call our attorneys, they can talk to us, it doesn't cost them anything, they don't have to hire us, we just hate to see people harm themselves and their families by doing things that they don't understand the consequences.
Pearl Carey (20:16):
Absolutely. Well, thank you so much for speaking to me about the things that people need to avoid in terms of their personal injury case. Thank you to all of our listeners and the people that are watching the video podcast as well for tuning in today, and we look forward to seeing you on the next one.
Dirk Derrick (20:35):
Thank you.
Voiceover (20:36):
Thank you for joining us on The Legal Truth Podcast, if you have questions that you would like answered on a future episode, please send them to thelegaltruth@derricklawfirm.com, if you would like to speak to us directly, call us at 843-248-7486. If you find the podcast valuable, please leave us a five-star review and share The Legal Truth with your neighbor, friend, or family member who is seeking reliable information about a South Carolina personal injury or worker's compensation claim.
(21:05):
Dirk J. Derrick of the Derrick Law Firm Injury Lawyers is responsible for the production of this podcast located at 901 North Main Street, Conway, South Carolina. Derrick Law Firm Injury Lawyers has included the information on this podcast as a service to the general public, use of this podcast in any related materials does not in any manner constitute an attorney-client relationship between Derrick Law Firm Injury Lawyers and the user. While the information on this podcast is about legal issues, it is not intended as legal advice and should not be used as a substitute for competent legal advice from a licensed professional attorney in your particular state, anyone seeking specific legal advice or assistance should retain an attorney.
(21:41):
Any prior results mentioned do not guarantee a similar outcome, the content reflects the personal views and opinions of the participants in the podcast and are not intended as endorsements of any views or products. This podcast could contain inaccuracies, the information contained in this podcast does not constitute legal advice and is not guaranteed to be correct, complete, or up to date as laws continue to change. In this podcast, you'll hear information about focus groups, please note that not all of the firm's cases are presented to a focus group. Additionally, when speaking about juries or jurors in relation to a focus group, we are speaking of focus group participants and not actual trial juries or jurors.