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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Lawyers specialize in a wide number of fields from personal injury and criminal law to immigration, business and finances. But what do these lawyers actually do? There is a wealth of misinformation available to the average consumer, and you may be confused where to start looking.

Finding a good lawyer is essential, but if that lawyer doesn’t specialize in the specific area in which you need them, it doesn’t put you in the best situation. You don’t want to hire a lawyer who specializes in divorce to help you with a personal injury suit, and vice versa. Thus it’s imperative that you find not only a good lawyer, but one who really knows specific information about your problem. Here is a brief overview of some of the most popular types of lawyers and what they do:

Criminal Lawyer

A criminal lawyer is the highest profile lawyer for good reason. Criminal lawyers handle statutory and common law crimes and the punishment of criminal offences. They deal with every aspect of criminal law, with the state defender, or prosecutor, defending the state’s interest and the defense attorney representing the defender. They defend against and prosecute crimes against the person (assault, murder, rape, etc.), crimes against property (arson, theft, larceny etc.), crimes against justice (bribery, perjury etc.) and other myriad lesser criminal offenses.

Divorce Lawyer

Divorce lawyers focus on any and all matters concerning divorce. This applies to any proceedings, including prenuptial agreements, division of property, alimony or spousal payments, child support, and more. Most individuals going through a divorce generally hire a divorce lawyer to take care of all legal matters. Much of the time a good divorce lawyer can make all the difference in how messy or clean your divorce becomes.

Accident Lawyers or Personal Injury Lawyers

Accident lawyers, also known as personal injury lawyers, specialize in legal claims relating to auto accidents and vehicle claims, dangerous or defective products, medical and health care malpractice, workplace injuries (worker’s compensation), wrongful death, and a slew of other accidental incidents that warrant legal procedures.

Immigration Lawyers

Immigration lawyers handle any matters pertaining to immigration, including citizenship and naturalization proceedings, permanent residence, green cards, work visas, asylum, deportation hearings, family-based immigration waivers, and any other legal issues surrounding immigrants to the US.

Financial and Business Lawyers

Financial lawyers deal with a wide range of business and personal investments, savings products and services. These include mortgages, banking, brokerage services, commodities, claims, mutual funds, stocks and bonds, and other securities. They are in charge of taking care of all legal requirements and formalities surrounding any financial issue. They are also helpful for starting and operating businesses, including: LLC’s, corporations, and partnerships.

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Choosing the right lawyer can often seem like a daunting task in today’s world of scammers and frauds; television and the media often instill in us a stereotype of ruthless lawyers who only care about money and prestige. And while there are some who fall into that category, the majority of men and women practicing as lawyers are solid professionals who want to do their job well and honestly care about the services they’re performing.

There are numerous excellent lawyers around; you just have to make sure you get the one that’s right for you. All lawyers are not equal and do not specialize in the same tasks; many take on roles in specialty fields of law, such as personal injury law and finance law. It is up to you to determine what kind of lawyer you need; luckily there is a wealth of resources on the web for people who need to figure out what kind of lawyer they need.

Remember, you wouldn’t hire a divorce attorney to help you with tax problems, and you certainly wouldn’t hire a tax attorney to help you with a divorce case. Thus it is imperative to determine what kind of case you have and find a lawyer accordingly.

After you’ve figured out what type of lawyer you need, it’s time to find one. Ask everyone you know if they have any recommendations. If they don’t, do what research you can online and find someone who meets your needs. Before you contact them, look at their credentials. Call the bar association or visit their website to determine if the person really has a license and how clean of a record they have. Find out how many cases they’ve won or lost, how many have been thrown out, and any other details that might help you decide.

When you contact your lawyer, request references from pervious patients before you make an appointment; this is a great way to determine if the lawyer is good and takes care of their clients. Many lawyers offer free consultations, so don’t be afraid to take advantage of the opportunity to check them out. While you’re there, you can also ask for a list of client references.

After you choose your lawyer, you will sit down with them and discuss fees. Most lawyers, regardless of specialty, will request a retainer just for hiring their services. On top of the retainer you may be charged hourly or on contingency. Contingency simply refers to the percentage of money a lawyer may earn if you win your case; in some situations they may take as much as 40%.

Retaining the right lawyer makes all the difference in your case; it could be the difference between winning and losing. If you have a good, expert attorney defending you who is a specialist in the area in which you need representation, you’re on the right path.

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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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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!

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