The Court Of Public Opinion

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.

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How many times have you read the headlines in the newspaper Man wins $20 Million, Woman awarded $35 Million Dollars after slipping on banana peel, Jury verdict of $17 Million for brain damaged infant.

Don’t you feel envious, even for just a moment? Don’t you feel jealous that someone, somewhere, is going to get all those millions of dollars?

Well, that might be your first impulse, but looking at the facts you realize that you wouldn’t want to trade places with that injured victim- ever.

During closing arguments in a trial, an attorney will talk about how much money they feel their client is entitled to. A good analogy is to imagine someone taking out a classified ad in the newspaper with the following headline: $10 Million Dollars- Free! Just show up tomorrow morning. Don’t you think every single person in the world would show up?

But wait! Before you can get your Free $10 Million Dollars you first must be a victim of medical malpractice. You must suffer brain damage because the anesthesiologist put the airway tube into your stomach instead of your airway. How many people do you think would still line up outside the door seeking the Free $10 Million Dollars?

There may be some crazy folks who don’t care what they do for that kind of money. But hold on…what if there are more conditions before you can get that money?

Before you can ever see one dime, you have to be permanently and forever disabled; confined to a wheelchair, have no bowel control, and require a full-time nurse to attend to your every need. You need help eating, feeding, going to the bathroom, waking up and going to sleep. You need physical therapy 5 days a week, and you can only communicate with your family with grunts and moans.

How many people do you think would still take the money under those circumstances?

I don’t know anyone who would go to that length to get $10 Million Dollars- even if someone was giving it away ‘Free’. The next time you read the news headlines where some injured victim won millions of dollars don’t think what they’ll ultimately receive after appeals are exhausted. I guarantee you, they’d rather have their health than any amount of money. That money isn’t going to make them healthy and whole again. It’ll only provide the best medical care they can buy to support them and their broken family.

The next time you see an injured victim winning a large award, take a close look at the facts of the case, and the injuries that person suffered before wishing you were in their shoes. Doing so will make you a better person.

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Even for once, you might be involved in a personal injury case. In such case, you might want to claim a compensation for the pain and suffering that it has caused you.

This is when a personal injury lawyer is necessary. You must consult an injury lawyer, even if just to speak about the concern you have.

Remember that no matter how big or small your personal injury case is, you must file your personal injury claim and see what your legal rights are. And, your personal injury lawyer will help you about these matters all throughout your case.

Personal injury lawyers are so important in your personal injury cases.

They have been specializing in various services to offer possible clients.

These personal injury services include handling cases of auto or car accidents, aviation disasters, plane crashes or accidents, birth injury, brain injury, dangerous and defective products, dental malpractice, dog bites, medical malpractice, nursing home abuse, products liability, serious personal injury or catastrophic injuries, slip and fall, spinal cord injury, unfair insurance practices, wrongful death, and a lot more.

Indeed, a competent counsel is so important in a personal injury case.

So, if youve been involved in such case, dont think twice, go out, find the personal injury lawyer to be your partner in your quest for justice, and enjoy the services that he offers you

WHEN AN INJRY LAWYER IS NEEDED?

When you have suffered any personal injury ,thats when you need an injury lawyer, you should then consult with a personal injury lawyer as soon as practical.

An experienced attorney may have specific recommendations, cautionary advice and can help you through the recovery process.

There may be things that a personal injury lawyer can do in the short term to help you through the personal injury recovery process, such as making sure that insurance is paying for a rental car or assisting in finding qualified care from a medical specialist in the needed field.

Prompt consultation with a personal injury lawyer also allows the lawyer to send an investigator to the scene before the accident scene changes and to retain qualified experts if necessary.

Remember, failure to act promptly may result in missed deadlines, including statutes of limitations under Arizona law, that could result in an injured party sacrificing all or some of his/her rights.

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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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Q: Is this consultation given without charge to me?

About Your Rights: Q: What rights do I have that need to be protected?

Q: Who will pay my medical bills; physical therapy bills; drug bills; transportation expenses; temporary or permanent household help; lost income; property damage; and pain and suffering?

Q: What do I have to do to protect my rights to these claims? What forms and papers do I need to obtain? Where do I get these forms? Will you fill out all the forms for me? If needed, will you help me with my medical claim? If needed, will you help me with my property damage claim?

Q: What claim letters need to be sent; how many insurance companies must be notified? Will you do this for me?

How can you determine whether you want to hire a specific lawyer? You may feel nervous when hiring a lawyer, but remember that you are the one doing the hiring. While lawyers who primarily represent people in accidents charge a contingency fee (a fee that is charged at the end of the case and only if you are successful) you will still want to know that you are satisfied with your choice. Even though you pay a fee after you receive a money award, you are the one paying the bill. Serious injuries can result in significant compensation for both you and your lawyer. That makes you an important client!

Q: If I have a question about my case, will I be able to speak with you directly or do I have to speak to a paralegal? Is it okay if I speak with you occasionally when I have a question or to find out the status of my case?

Q: How long have you and your law firm been practicing law?

Q: Do you practice primarily in the field of Personal Injury and accidents?

Q: Do you have professional liability insurance? (Professional liability insurance also protects you, the accident victim, in case an error is made that damages your case.)

Q: When will I be charged? (Personal injury lawyers usually charge a contingency fee. A contingency fee is one that is charged at the end of the case and only if you are successful. This allows anyone who has been hurt in an accident to have easy access to a lawyer.)

Q: How much will I be charged?

Q: Will I be charged a legal fee if you do not recover money for me?

Q: Am I responsible for case expenses if you do not recover money for me?

Q: What are my alternatives to resolve my claim? Do you ever utilize mediation and arbitration?

Q: Have you or your law firm done any trials?

Q: (If married) Is my spouse entitled to any of the settlement or money awarded? What happens if I get divorced?

Q: (If a child is injured) Which parent will bring the claim? What happens to the settlement money?

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