Do you want to know a sure-fire way to LOSE YOUR CASE?
Lie to your lawyer about your medical history and give false sworn answers to questions asked by the defense lawyer.
In Call v. Harrison, a case in the Western District of Virginia, the judge threw out the plaintiff's case because he had left out large chunks of his personal medical history when asked for that information by the defense lawyer. Even though Mr. Call said he had forgotten about that medical history and it didn't have anything to do with his injuries in the car accident that resulted in the lawsuit, the judge said, "Not so fast." A faulty memory is no excuse and failing to disclose that information means you're out of here.
Here's a link to the Opinion of Judge Michael Urbanski.
When a person files an injury lawsuit, her medical history is open for investigation. After all, she is blaming the driver of the other vehicle on her pain and other injuries, and the other driver's lawyer has a right to try to find something in her history that may have caused or at least contributed to her complaints. Mr. Call did not do that and the judge dismissed his case.
Judges take their responsibility very seriously and do not cotton to letting people try to play the system. If you have an injury and hire a lawyer, tell her the whole story. Lawyers can only help their clients when they know the good, the bad and the ugly. It does you no good to try to put one over on the court or your lawyer.
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