How to Lose Your CRPS Case in Philadelphia?
You’ve probably come across plenty of articles on how to win a CRPS case, but I bet you haven’t come across a single one that tells you how to lose. Don’t worry, I’m not crazy or anything like that – a bit eccentric sure, but not crazy. The problem with ‘how to win your case arguments is that there’s no surefire way to determine whether you’ll win a case or not. Many a time, it happens that a case, certain to win, loses simply because juries are unpredictable.
However, just because there’s no surefire way to win a case
doesn’t mean there isn’t one to lose it either. Because believe me, in my years
as a CRPS
lawyer in Philadelphia, I’ve witnessed countless situations where the claimants’
behavior was responsible for losing the case. That’s why, in this article,
instead of telling you how to win your case, I’ll be relaying to you some common
acts or behaviors that can quite certainly jeopardize your case.
Be Your Advocate
From time to time, it happens that lawyers also find
themselves in a bit of legal trouble. And can you guess what’s the first advice
that they get? Don’t be foolish enough to represent yourself; instead, hire a
lawyer. So why would you ever try to represent yourself? Indeed, you should
always be your best advocate but that doesn’t mean you should advocate for
yourself in court –leave it to the professionals.
One of the main reasons you might be persuaded to represent
yourself in court may be to sympathize with the jury. However, regardless of
how sympathetic your situation may be, the legal system doesn’t work like that.
Juries are vehemently instructed to not act on their own and base all of their
decisions on the law.
Playing Hooky with the Litigation
Despite being lenient, the Pennsylvania Workers’
Compensation Act is still quite strict regarding when an application must be
submitted. For Example, the final limit allotted by the act for reporting your
injuries to the employer is 120 days. However, this limit does not ensure
complete benefits, only partial. To be eligible to receive the full benefits of
your workers’ compensation claims (lost wages and medical treatment), it’s
prudent that the injury must be reported within 21 days of the incident.
So, don’t play loose with the litigation and report your
injuries as soon as possible. And in case you’re unable to report the injuries
yourself, the Workers’ Compensation Act does allow you to proxy it through
another party i.e. family member or college.
Hire the First Lawyer You Come Across
Lawsuits are never easy, especially workers’ compensation
claims that decide the outcome of your lost wages and hefty treatment costs.
And significant as they are, such suits have, often, the tendency to induce unconscious
anxiety that affects a person’s critical thinking. Add to it being overwhelmed
by the complexities of the legal world, and you’ll find that it’s not uncommon
for people to hire the first lawyer they come by.
However, there can be no graver mistake – as the only thing
worse than not hiring an attorney is hiring the wrong one. So, be sure to not make
the same blunder and always consult with at least three well-regarded lawyers
before finalizing your legal representation.
Proceed Without Exploring Your Options
Have you ever wondered about the origins of the Workers’
Compensation Act and how or why it came to be? Well, you might be surprised to
learn that the main motivation behind the act wasn’t the safeguard of workers’
rights, although it was a tertiary reason. No, the main reason behind the Act
was to save the commonwealth from expensive and frequent tort claims. Before
workers’ compensation, the only way for an employee to get their dues was to
sue for negligence.
As such, one of the most basic terms for agreeing to a
workers’ compensation claim you have to agree not to sue for negligence.
However, the compensation for the negligence claim is often far greater than
those of workers’ compensations. Also, unlike workers’ compensation, negligence
extends further than your employer to even the manufacturer and the quality
assurance of a tool used by your company.
What all of this sums to is that you shouldn’t file for
worker’s compensation unless you’ve explored all of your options – with a
lawyer. This is especially true for CRPS cases – as many CRPS lawyers in Philadelphia contest that these situations are
often better categorized under negligence than workers’ compensation.
Play Loose with Medical Consultations
Lastly, a surefire way to paint yourself in a bad light is
to either lie (or exaggerate) your injuries or to jump from physician to
physician. Almost all CRPS lawyers in
Philadelphia, myself included, will tell you that such acts do nothing more
than contaminate your medical report and leave you vulnerable during the cross-examination.
What’s more is that instead of seeing you in a sympathetic light, the jury and
the judge see you as someone as dishonest as a thief.
So, always be sure, to be honest about your injuries and how
they happened because honesty is the key.
Other than all the above recommendations, it’s also prudent
not to be too outspoken because you never know what information can be used
against you. Try to remain silent unless you’ve been instructed by your lawyer
– also, avoid any communications with the other party without legal
representation.
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