or “Common Misconceptions Regarding Injury Accident Claims”

When it comes to accident injuries, the injured party always has the opportunity to seek the counsel of an attorney. While an attorney is not necessarily required, wisdom dictates that you should seek an initial consult with an accident injury attorney if you have been a) injured, and b) are not at fault. That notwithstanding, a number of misconceptions prevent people from doing so. Let’s consider some of these:

Personal injury attorneys are out to make a “Killing” off the misery of others.

This is like saying doctors are out to make people sick or hope for diseases in order to make a living. Or, teachers profit from uneducated children. Yes, attorneys make a living. And yes, just like in any profession, there are snake oil salesmen within the ranks. However, any attorney worth your consideration should make it clear that your case is NOT about making you and the attorney rich. It’s about receiving fair restitution for something you didn’t cause. What is fair restitution? That depends entirely on the circumstances of your accident and the subsequent injuries you endure. If you are rear-ended resulting in severe whiplash, necessitating spinal surgery, look forward to early arthritis, and you lose the ability to enjoy activities you once enjoyed – what is fair restitution? If you and your attorney are looking to become millionaires from this event, it is not going to happen. Realistically, with a competent attorney, you’ll get your medical bills covered, and some money for your pain and suffering. But after it is all said and done, if you were asked, Was the restitution worth your suffering?, I’m willing to bet you’d say no. My job, as I see it, is to be your advocate in helping you receive a fair settlement for an accident you didn’t choose.

Insurance adjusters will offer a fair settlement when my treatment is complete.

Let’s start with this premise: Insurance companies serve a vital service in our society. It is ludicrous to demonize them as a group of people. That being said, insurance companies are in business to make a profit – just like any business. There is no money tree from which they access unlimited dollars in order to pay claimants all they want or think they need. As such, adjusters are gatekeepers for the money that leaves the pool of potential profit. There is pressure on these people to balance the damages of the claimant with the business need to remain profitable. Because of this dynamic, adjusters represent their company first – for the company is their employer. To be a good company man or woman, one must do what remains profitable for the business.  Therefore, a good adjuster will use every tool at the their disposal, one of which, is your inexperience in handling an injury claim. Hiring an attorney means having a representative advocating on your behalf.

Hiring an attorney will result in years of litigation and a trial.

It may seem counterintuitive, but hiring an attorney can actually help avoid your claim’s length and the potential of an unnecessary trial.  In my practice,  it is my belief that a trial should not be pursued, unless it becomes necessary. I am no different than some of my tough talking counterparts.   It is common knowledge in my profession that  a very small percentage of accident injury claims go to trial. Why?  Cost and risk serve as deterrent for either party choosing to not accept a reasonably calculated settlement.  Typically, both the attorney and the adjuster spend time gathering information to determine liability, medical treatment, billing information, police reports, prospects of full recovery vs. future treatment, witness statements, etc. When your attorney feels that he/she has a clear picture of the real cost to you and the available evidence to prove that cost, a demand is prepared and sent to the insurance adjuster. At that point, negotiations begin – with your attorney placing pressure on the insurance company to realize the extent of your injuries and their ramifications for your life, along with the pain and suffering you have experienced, and quite possibly will continue to experience into the future.  It is at this point an offer is presented and negotiations begin.  Both parties then weigh their collective risk tolerance – i.e. do they want to accept the insurance companies offer or risk getting more or potentially less at trial.   In the event the insurer is unwilling to offer a realistic settlement, and the details of your case are strong, court action is always a possibility – and not one which a competent accident injury attorney should avoid.

Making an injury claim drives up insurance rates.

I see this misconception in many potential jurors and in reluctant clients.  Too many good people accept low settlements because they do not want to be “one of those” claimants who are causing our auto rates to be sky high.  Frivolous and fraudulent claims unnecessarily increase insurance rates.  A valid claim settled for a reasonable sum does not necessarily raise rates — these claims are the very purpose of insurance. As covered above, very few accident injury cases make it to court. We may read about a multi-million dollar settlement emanating from a jury verdict which includes punitive damages against a mega-corporation – but that is a rarity, not even in the same statistical pool as the lottery. Thus, as covered, settlements are a negotiated conclusion reached by the accident injury attorney and the insurance company. If the company does not feel the demand is equitable, they simply won’t accept; they will reason that they will fare far better in court. Additionally, accident injury attorneys serve to reduce fraudulent claims against insurance companies. Should an accident injury attorney choose to make a living by representing meritless claim, they will quickly earn a shady reputation that is widely known among insurance adjusters and will repeatedly be punished by juries.  It is a core belief in this office that a competent accident attorney will be frank with all accident victims about the realistic value of your case.  In other words, if an attorney believes that a client does not a meritorious case they should explain that to the client and endeavor to convince the client to settle the claim for the actual value.

Hiring an attorney is expensive.

Unlike those types of law practice which require an upfront retainer fee and hourly rate, most accident injury attorneys collect their wages on the basis of what is called a contingency fee. In other words, when the demand settlement is reached, your attorney will receive an agreed upon percentage from the settlement check. Consequently, your attorney will handle the case, investigation, and business costs (which can easily run into the thousands of dollars) without you paying a penny. When you hire an accident injury attorney, he/she will let you know, at the outset, what the contingency fee will be. So, to recap, you will not be paying out-of-pocket fees when a contingency fee attorney represents you.

Any attorney is as good as another for bringing an injury claim.

You probably understand that there are many different kinds of attorneys who specialize in different fields of law, including criminal law, estate law, tax law, bankruptcy, elder law issues, business law, etc. If you are in need of an attorney to represent you concerning an accident injury, you need an accident injury attorney who specializes in that branch of law. The best divorce attorney in the country may have next to no expertise in accident injuries. Not recognizing this would be analogous to asking a podiatrist to perform plastic surgery on your face. Go with a specialist!

Even within the category of personal injury attorney, there are different types of attorneys.  There are some who are very aggressive and believe that you should file a lawsuit as soon as possible and pursue trial as much as possible.  Then there are others who have a more measured approach.  At this office,  it is my belief that only one thing should determine our action – your bottom line.  If I believe that your recovery could be increased by an early lawsuit, then I will file suit.  If I believe that you recovery could be increased, by carefully investigating and evaluating your claim, then I will take a more measured approach.  If I believe that your recovery is best served by settling,  I will recommend that you settle.

In conclusion, misconceptions often prevent accident victims from obtaining professional counsel from a competent accident injury attorney. The vast majority of accident injury attorneys are decent, honest, hard-working individuals who have their clients’ best interests at heart. (The minority exceptions to this – like in any profession – cast a shadow over the whole group.) The reality for you as well as your attorney: it is simply a myth thinking there is a fortune to be made from every accident injury. Competent attorneys seek to obtain equitable restitution based on the merits of your case.  Navigating against an insurance company is serious business and an attempting to evaluate a claim against an insurance adjuster is a fool’s errand.  Accident victims need an advocate who represents them, as opposed to the victim accepting an inequitable amount from company representatives who have a profit margin guiding their behavior. Rarely do accident injury cases go to court, but you need an attorney who is willing to go the distance if the case merits such.

As always, please feel free to call me if you have a claim with which you think I could help.   My cell number is 541.556.9797.