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.

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When dealing with a car accident, finding and hiring a qualified attorney can help you a great deal. They will help ease your mind through dealing with all the legal aspects of your situation while you focus on coping with the pain and suffering of such a traumatic event. There are lawyers out there ready and willing to make sure that you are compensated for being hurt in a situation that you may not have had any control over.

Never hesitate after an accident when seeking medical and legal help. Many people dont know until much later that they even have an injury after a car accident. They are usually so scared and rattled that if they feel okay enough, they go home and sleep it off and try to reestablish normal activities the next day. Or, if they are in pain, they might seek the advice of family and friends who may tell them not to worry, that it is just neck pain and it will go away with time. This is all really bad advice. There could be internal injuries that over time could become major or even life threatening problems.

A very serious problem that is often overlooked is an internal head injury. Just because a car crash victims head is not bleeding, does not mean that they are okay. Closed head injuries often occur some time after the accident and can go unnoticed and often occur when a car crash victims head is sudden thrust into a hard surface (steering wheel, dashboard, back of the front seat) at rapid speeds. These types of injuries often do not penetrate the skull and can be overlooked at first. These types of collisions result in internal injuries within the brain.

Even whiplash can cause a closed head injury. Other types of closed head injuries include bleeding from the head or face, confusion, lethargy, loss of hearing or fluid drainage from the nose or ears.

Another, more traumatic injury caused by car accidents is permanent or temporary paralysis. Paralysis occurs when the vital nerves that control various body parts are damaged or severed. This happens when there is a traumatic impact to the neck or spinal cord resulting in parts of the body not being able to retain the same mobility or sensations that they once had.

When paralysis occurs, it can be an extremely difficult time for the victim and his/her family. They are faced with life long challenges and may need constant round-the-clock care for the rest of their lives. Temporary paralysis occurs when a nerve is pinched or inflamed. In any case, seek help quickly. Dont hesitate. You may be entitled to seek compensation for your injuries. It is important that you contact a qualified car accident attorney today and get a case review.

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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.

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Copyright 2004 Resources For Attorneys. All Rights Reserved Worldwide.

The following article was written for Resources For Attorneys.com by David Hallstrom, a private investigator, he is not now nor has he ever been an attorney.

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.

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We are all aware of the current compensation culture that exists in the modern world, but are we all aware of the financial impact it is having on the regular taxpayer, the NHS, Councils and Authorities across the land?

Some people would like us to believe that we, the public, are responsible for the financial burden on public funds due to the growing trend of pursuing personal injury claims. It is true that the volume of claims has more than doubled in the past four years or so, but it is the actual cost of the claim that is causing most of the problem.

Funnily enough though, the actual amounts awarded for compensation have not really changed much over the years, but the amount that the legal professionals can charge for their services has.

The government actually pay the solicitors their costs in compensations claims. Some more underhand claims handlers have been known to actually take a percentage of the money that they win for a claimant, so we can see who the actual winners are this instance.

Is it any wonder that on the television there is company upon company pleading to handle your claim for you, when they can charge through the roof and get duly paid by the Government? Ironically, more often than not, the legal and administrative costs exceed what is actually paid to the victim.

If you look at is this way, In the NHS the annual cost of clinical negligence has reached an unprecedented 446 million a year according to Tory Health Spokesman John Baron, of this money a percentage is paid to victims for compensation, and a very large percentage of this money is paid for the legal costs involved. This money is taken directly from the tax payers pockets and should be better used to pay for services, staff, equipment and operations.

So what can be done about it? There have been many suggestions from legal advisors put forward to the Government, but it is far easier for the Government to blame the public for claiming, than blaming themselves for poor legislation.

In an article by business editor Duncan Brodie the following observations were made:

The real problem is not that so many people are engaging in litigation but that, from time to time, courts have found in favour of claimants whose weak, and sometimes downright frivolous, cases ought to have been struck out The real responsibility for the compensation culture lies, therefore, not so much with the public for seeking compensation as with the state for encouraging and even commissioning action where the degree of culpability is such that the case should never reach the court room. The answer lies in the application of common sense, by the Legal Aid authorities, by the CPS and, ultimately, by judges.

Very well said.

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1. Lawsuits seek to compensate you for your injuries.

a. They compensate you for:
i. Your lost wages, and your future lost wages,
ii. Your medical expenses, both past and future, and
iii. Your pain and the suffering it caused in the past, and for the future

2. Lawsuits do not directly seek to harm anyones reputation.

3. A doctor who is sued will not lose their medical license if the lawsuit is successful.

4. A lawsuit attempts to compensate the injured victim, and at the same time, try to ensure that the same type of bad treatment is not repeated in another patient.

5. A lawsuit is not a lottery.

a. This phrase is often used by defense attorneys during jury selection to remind jurors that their job is not simply to allow the injured victim to hit it big and award huge amounts of unjustified money.

b. A more realistic approach to a lawsuit is for reasonable, full and fair compensation to allow you to recover all of your past and future expenses, and all of your past and future pain and suffering compensation.

6. You dont have to pay any money upfront to an attorney to handle your case. There is no hourly fee.

a. Medical Malpractice and injury cases are generally handled on contingency.

b. That means that the attorney fee depends upon you winning your case. If you lose, the attorney loses as well, and receives no fee.

c. The expenses that the attorney pays to prosecute your case are technically supposed to be repaid by the client in the event the case is lost. However, as a personal matter, I have never asked a client to reimburse me for my expenses if I lose a case. It just doesnt make sense to do so, and in my personal opinion, its bad business. However, some attorneys do require this, so make sure you ask first before you make your decision.

7. Not every attorney has the same experience.

a. Ask your attorney how many years theyve been in practice,

b. Ask the attorney what percentage of medical malpractice or accident cases he handles compared to other types of cases,

c. Ask whether he/she tries cases in the Supreme Court (its the trial level court for New York,

d. Ask whether hes ever lost a case;

i. If he tries cases, and claims hes never lost a caseId suggest either that the attorney is not being accurate, or simply only accepts clear-cut cases that he cannot lose- thats extremely rare.

ii. The majority of trial attorneys will have lost a case from time to time. Unfortunately, its the nature of the beast.

e. Ask whether the attorney you meet with will be the one handling your case on a day to day basis. If not, who will be your attorney? Whom will you call with questions? How quickly will the attorney call me back? How often can you expect to receive correspondence from the attorney about the status of your case?

8. A lawsuit takes time to come to a conclusion.

a. The average time is 2-3 years from start to finish.

9. How often do I have to come into the attorneys office during this time?

a. Once to meet the attorney in an initial meeting,

b. Once to sign documents that start your lawsuit (often this can be done by mail),

c. Once to have your deposition (where you are asked questions by the other sides attorney),

d. At least once to prepare you for trial, and sometimes two or three additional times to prepare you.

10. As in life, there are no guarantees to winning. However, with good experienced counsel and thorough preparation, you stand a much better chance of being fully informed about your prospects and achieving a good result.

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