The Court Of Public Opinion

Q: My mother was in a car accident last week, and already she’s gotten letters from lawyers asking if she’s ok, and if she wants a lawyer? Is it ethical for a lawyer to send such a letter?

A: First, I hope she is feeling better. Second, in limited circumstances in New York, it may be acceptable for an attorney to send such a letter to a victim of an accident. The majority of lawyers feel such a letter to a victims’ home is demeaning and degrading. Some lawyers feel this is nothing but a solicitation, which is clearly not permitted in New York. Other attorneys (the ones who send these letters) feel that it may be their only chance to entice the injured victim to come to them as a client.

The letter is supposed to only offer them legal assistance and guidance- should they want it. Again, how do you choose which attorney to use when you’re inundated with a flood of letters from different lawyers promising to help you with your accident claim?

The answer is simpler than you think. Ask yourself why a an attorney would even bother to send such a letter. Are they really that desperate to need to send such a letter? How did they get your name anyway? I’ll tell you how- maybe it came from the tow truck operator who took your car away. Maybe it was from an ambulance technician. Maybe it was from a police blotter at the police station. (That’s public information that many investigators working for lawyers troll for in various police stations).

Ask yourself another question. Do you let a stranger into your house simply because he says he saw you need a paint job, and amazingly, he’s a painter who is willing to paint your house for a great price? Did you call him? No. Did you seek out other customers of his to determine if he’s reliable and professional? No. He just showed up while trolling through the neighborhood. Is this the type of painter you want working in your house? I don’t think so.

The same rationale holds true for a lawyer that sends you an unsolicited letter following an accident. What do you know about that lawyer? Probably nothing. Does that mean that he (or she) isn’t a good lawyer? No. But, again, think who you want for your attorney. Does it help knowing that your lawyer gets many cases this way, by sending out unsolicited lawyer letters hoping that a few unknowing people will answer the letter? The choice, as always is yours. Make an informed choice.

More articles at article database

Q: Do I even need an attorney to represent me in my claim with the insurance company?

A: No you don’t. Some claims, and some injuries don’t even warrant an attorney’s involvment. But…many do. How will you know the true value of your injuries? How will you know whether the insurance adjuster who makes you a first offer is doing the right thing? How do you know whether the insurance adjuster is simply trying to save his company money by low-balling you and giving you a take-it-or-leave-it offer? How will you know what your options are if you choose not to accept the insurance company’s offer? What can you do to maximize the amount the insurance company offers you for your injuries? Do you need further medical care for your injuries in the future? Have you considered who will pay for future medical expenses for injuries caused in this particular accident?

What happens if you have a recurrence of your injury weeks, months or years from now? Will the insurance company re-open this case and agree to pay me more later? Why is the insurance adjuster so willing to settle my case now? Why did they just send me a check for my injuries? Should I cash it? What will happen if I cash this check? Can I go back to them for more if needed, or is this it?

The bottom line is that you may not need an attorney at all. If you have experience with insurance adjusters, and you know the true value and extent of your injuries, then you just might be better off negotiating directly with the adjuster. BUT, if you don’t…then I’d strongly recommend speaking with an injury attorney who has many years of experience dealing with these exact types of cases.

For example, if you needed eye surgery, you wouldn’t go see your family doctor for treatment. If you need brain surgery, you don’t rely on a skin doctor to treat your condition. Many attorneys have focused and limited their practice to just a few areas of the law. Lawyers in New York are not permitted to say they are specialists in any particular field of law. However, we are permitted to tell you how extensive our experience is in the areas of law that we do practice. We can also tell you how we have helped other similar clients, even though their experiences may not reflect what we can do for you. Again, beware of attorneys who claim they practice many different areas of law. It’s very difficult to be good at everything.

The best thing you can do when faced with an injury caused by someone’s carelessness is to become informed. Find out as much as possible about the attorney, the law firm, the facts of your case, your medical condition, the procedures you need to go through to process your claim, and what your legal options are. Only by becoming fully informed about your options will you be able to make an informed decision about which legal road you will take. Beware of the legal minefields when handling your own case. In case you need it, find an attorney who can guide you through those legal minefields and avoid the traps that experienced attorneys commonly see.

More articles at articles database

You have been in a accident, automobile, slip and fall, workplace, etc.. Should you see or speak with an attorney?

As far as I am concerned, the answer is always yes.

When should you consult with an accident attorney? You should seek the advise of an accident attorney as soon as possible after the accident. Do not wait. You could be giving up certain rights. You should definetly speak with an attorney before speaking with the other sides insurance agent, adjuster or attorney.

You say that you can not afford an attorney. Most accident attorneys will consult with you for free and, if they take your case, will handle it on a contingency basis, not taking any fee untill the case is settled. Most settlements are increased to cover the cost of the attorney and therefore normally the attorney costs you nothing. Many attorneys will also advance all court costs for you if they are forced to file suit.

You say that you were injured, however, the insurance company has offered to pay your medical bills and you do not feel it is right to take advantage of them by asking for additional money for your, pain, suffering, lost work, etc.. Don’t you feel that you as a person are worth something? Do you think so little of yourself that you feel that your pain, suffering, inconvience, etc. is worthless. You did not cause this accident. What you are going through was caused by someone else. You deserve to be compensated. The insurance company, as a matter of good business, has already built these types of costs into the premiums that they charge their customers. If the money does not go to you it will

probably go to their shareholders or to increased salaries or ?. Why shouldn’t you be properly compensated. Remember most good attorneys are ethical and although they will attempt to obtain as much money for you as is due, they will not take your case unless they feel that it is proper.

You say someone else admitted liability and said that their insurance will pay all your damages. That’s great, however, what if the person changes his or her story later on and says that you were at fault. Or what if the other side’s insurance company refuses to pay what you think is proper. In fact, how do you know what is proper? Remember, an insurance company may pay claims, but it is in business to make money. It normally will not offer one dollar more than it has to and if you are not represented by an attorney the insurance company adjuster or attorney may feel that he or she can get away with paying much less than the claim may be worth. Additionally, what

people state at the time of an accident is not always what they state after having spoken with a friend, insurance agent or attorney. Finally, an insurance adjuster or insurance attorney works for the insurance company, not for you. How do you know that what they are telling you is correct or true. Remember, in most instances, they are there to try and save the company money. You need an attorney on your side to tell you what your rights and obligations are.

You say that you were not hurt that bad or at all. How do you know how badly you were hurt. Some injuries do not show up for months. Other injuries may aggrivate a prior problem. Even if you have been found to be ok by a doctor, how do you know that a problem will not come up later. If you have insurance and did go to a doctor, who is going to pay your co-pay or deductible. If you do not have health insurance, who is going to pay for your examination which should include xrays, etc.. If you retain an attorney he or she can probably refer you to a doctor who will accept a lien against the insurance settlement, thereby saving you from paying

money out of your pocket.

You say you have accident insurance, why not let them handle everthing for you. Your insurance company is there to defend any claims against you not to represent you in any claims against other parties. Additionally, they also are in business to make money. How do you know if they are trying to settle a case to help you or to save themselves money.

The foregoing article was written by the author based on experiences he has had as a private investigator representing both accident attorneys and insurance companies. This article is not stated as a legal opinion or as fact but instead is stated as opinion of the author.

Permission is given to reprint this article providing credit is given to the author, David G. Hallstrom, and a link is listed to Resources For Attorneys the owner of this article. Anyone or any company reprinting this article without giving proper credit and the correct link, is doing so without permission and will be subject to legal action.

More articles at articles database

Massive train crashes seem the dramatic stuff of movies and novels, billowing steam engines destined for disaster, fixed irreversibly on track to collide. Indeed, in the 19th century train companies used head-on train collisions as a publicity stunt. The Crush Crash in Waco, Texas drew so many observers that Waco became, for one night, the second largest city in the state. Even this staged event ended in disaster, however, when a boiler burst and the flying debris killed two in the crowd. Unfortunately, this less-than-dramatic conclusion represents the reality of train wrecks, and these days that reality is represented in lawsuits as soon as the smoke clears.

Perhaps modern day railroads do not encounter anything so catastrophic as the rerouted steam locomotive that caused a mountain to collapse in Ayn Rands Atlas Shrugged, but train crashes are still a major problem in the United States. Train crashes injure more than 500 people every year, though deaths remain relatively rare. Aside from catastrophic collisions, railroad deaths usually occur at crossings, where the trains course crosses the path of car traffic. The chances of dying in a car-train crash are ten times more likely than dying in a regular car collision.

Settlements with railroad companies for crashes can amount in the millions of dollars, but this just reflects the severity of injuries incurred in such accidents. Trains are currently set up in compartments to reduce the distance people would fly in the event of a major collision. However, safety experts with the Federal Railroad Association have conducted full-scale crashes and found that the dummies in such seats were flung up and over the backs of the seat compartments, some striking luggage racks. Seatbelts would prevent this sort of injury, but they are not a standard installment of most trains.

At least half of all the railroad tank cars on the tracks today were built before 1989 when new regulations required them to be reinforced with steel. About 30,000 of these tankers have not been rebuilt at all, and no government agency forces the companies that own these tank cars to spend money to bring them up to safety standards. This results in another great railroad danger, as many of these tankers carry dangerous chemicals. Just this past January, nine people died and an entire geographic region had to be evacuated from homes, businesses, and schools in South Carolina when a train collision caused a tanker to leak chlorine gas.

Train wrecks are clearly not an entertaining matter. Because of the structure of the tracks and signals, train collisions are nearly always due to negligence, either human error or faulty equipment. As such, any injuries incurred on a railroad are entitled to compensation and should be discussed with a lawyer right away.

More articles at article database

Automobiles can cause grave accidents leading to serious injuries. A large percentage of auto accidents are caused by negligence and recklessness of drivers. Some are due to intoxication or drug influenced drivers. A number are caused by poorly designed roads and improper traffic signals. It can also be caused by a defective vehicle or tire.

In times of auto accidents, it is important to know how to react in order to protect your rights and to make sure that you do not commit errors that can finish up costing you a sum. There are certain measures that you should take to keep in control with the situation. When involved in an auto accident, do not leave the premises because it is against the law and it will be difficult to pinpoint who is to be held liable for the accident. Get medical attendance right away. If there is already a police, make an official report to help protect your legal rights in the future. In addition, you can also write down important details such as the names, phone numbers, license plate numbers and addresses of the persons involved or who has witnessed the accident. If possible, you can take pictures of the auto accident scene. Never discuss the accident with anybody other than your auto accident lawyers.

In todays fast paced world auto accidents occur too frequently. The consequence varies. Majority results are minor property claims. Some car accidents result in substantial property damage, serious personal injury or death. The instantaneous aftermath of a serious auto accident are simply overwhelmed by the barrage of telephone calls, insurance paperwork, accident reports, treatment costs, medical bills, paperwork and other correspondence that are received immediately after an auto accident. It is almost unworkable for someone who has been severely injured and in the process of recovering to delve into this mass of paperwork, procedures and deadlines. Most of the time, while victims are under treatment for their injuries, the insurance companies are trying to mitigate their damages through personal injury payout or auto accident settlement. As a result of these instantaneous aftermaths, car accident victims do not receive reasonable compensation to which they are entitled.

Personal injuries can range from minor to critical state. As a result, this involves hospitalization, therapy, ongoing medical visits and loss of income. These things can be recovered through the assistance of skilled auto accident lawyers. Insurance companies usually defend accident cases. Their goal is to make and accumulate as much money as possible. On the other hand, an experienced auto accident lawyer uses his knowledge and expertise for the clients advantage. Auto accident lawyers are the most credible persons to advice you of your legal rights and options and defend you in your legal battles. You should get the services of an auto accident lawyer early on in order to be enlightened and be assured of your case.

More articles at articles database

Life is not always a smooth sailing. Sudden unfortunate accidents do occur at times. One cannot do much to completely avoid the accidents. The pain and suffering that it brings along with it can leave one in total dismay. One cannot completely eradicate the misery brought by accidents but a bit of respite can be achieved if some authority takes charge of at least the financial loss that occurs with accidents.

There are several independent accidents claim service providers. They have specialist solicitors who are members of The Law Society panel of personal injury experts. These experienced solicitors are able to manage wide variety of accident claims that may be either accident at work, industrial illness, cycle accident, pedestrian accident, slips and falls, car accident compensation. Most of the claim service providers offer free phone consultation to guide you in the best way to claim compensation for the incurred injury and loss.

Accident compensation in the UK is managed by numerous independent firms, most of which have experienced solicitors who are veterans in getting approval for accident claims. They can efficiently manage both incidents involving any minor injury or incidents that can pose a risk to ones normal living. If ever one falls a prey to any unfortunate accident its always advised to take help from professional claim managers since they are more experienced and can better handle the technicalities involved in the matter.

If one exercises due diligence it is easy to come across a claim management company that does not charge any initial fees for their services. Keeping the interest of accident victims in mind, there has also been an amendment in the law involving solicitors. The new amendment promotes NO WIN NO PAY scheme. According to this if the legal advisor of the victim does not win the case and get the claim accepted he would not be entitled to any professional or legal charges. This development comes as a boon to many sufferers.

There are wide varieties of compensations that can be claimed including general damages pain and suffering, loss of amenity, disadvantage in labor market, special damages and several others. Even damages hard to characterize or calculate can be redeemed if one finds a competent solicitor.

With the advent of Internet most claim settlement companies also own a website that informs about the services of indemnity provided by them. Fortunately people in UK are entitled to vast array of reimbursable items ranging to even loss of future earnings. Cases involving medical negligence also come under legal compensation category. Whatever the case, a person should choose carefully the claim management firm who represents them.

More articles at www.articles-host.com

You’ve just been injured in an accident. Get ready for the onslaught of mail from lawyers at home. Be prepared for those ugly billboards showing pictures of crashed cars and wreckage with victims crawling away. Beware the yellow pages ads that proclaim quick and fast settlements for your injuries.

Do you need an attorney? No, and here’s why:

5 Reasons Why You Don’t Need An Attorney After You’ve Been Injured In An Accident

1. You know it all.

By knowing it all you have more knowledge and experience than a New York personal injury trial lawyer. That’s good. You know what the law is and whether your injuries are serious enough to prevent you from getting thrown out of court. Knowing it all means you know how to negotiate with the insurance company. You are aware of the common tricks they use to get unsuspecting victims to settle cases, like sending a low-ball settlement check to the client with the appropriate closing papers, telling them all they have to do is sign here and the check is theirs. You must know how to find out what the insurance policy limits are, and whether there is any excess insurance available to pay for your injuries. Having all the information means you know how to say No to an insurance company offer and start a lawsuit on your own behalf. It also means knowing how much time you have to file a claim with the insurance company, and how much time you have before you need to start your lawsuit.

2. You know how disabling and permanent your injuries are.

Doesn’t it feel good to know that you can convey how serious and permanent your injuries are? You can clearly and concisely express your frustrations and feelings to the insurance company. Just don’t expect them to shed any tears for you.

3. You know the true value of your injuries in the county you live in and don’t need a lawyer to tell you otherwise.

Knowing it all means that you know your injuries are worth more than the McDonald’s Lady who won a large award. It means knowing that your injuries are worth more than the insurance company has ever seen before. It means knowing that in your town and in your county, the same type of injuries for the same age individual is similar or different than your own. Knowing it all means that you know where to search for information that you can use to show the insurance company that your injuries are worth more than a similar victim. It means that you know what medical records and documents the insurance company needs to confirm your injuries and permanent disability.

4. Why should you have to give part of your compensation to some lawyer you don’t even know?

Why do you need to give up 1/3 of your award, when you can do it all yourself? You know that handling an accident claim and then a lawsuit is no different than reading a do-it-yourself book, similar to building a deck in your backyard. If your neighbor the lawyer can do it, so can you! Why pay someone to do it for you? Do you think they could possibly obtain more money for your injuries than you can? If you don’t think so, then by all means, don’t hire an attorney. But if you have that nagging suspicion that they just might be able to achieve a better result, then you owe it to yourself and your family to call a personal injury lawyer right away.

5. You have more experience than a New York personal injury trial lawyer and know that you can overcome any defense the insurance company throws at you.

You know that with every claim and every lawsuit, the insurance company and their lawyers will fight you tooth and nail on everything from liability, to causation, to the extent of your injuries. You must know all of those defenses and how to overcome them. You must surely know of how to contact witnesses and obtain their statements, and how to use them to your benefit. Of course, you also know how to try your case and achieve success- all the while trying to support your family and recover from your injuries.

Conclusion

So, do you need an attorney after you’ve been in an accident? I leave that question for you to ponder. If you know it all, then you don’t need an attorney. However, if you think you might benefit from legal counsel and their experience, then don’t wait. Call an experienced injury lawyer immediately to make sure you know and understand your legal options. Good luck in your quest for justice!

More articles at www.articles-host.com