05/01/2015
We thought we should comment on the spate of commercials for “injury” claim attorneys that have been showing up on TV commercials of late. Of course, lawyer ads have been around for some time, but the recent ones are stressing some points that should make you wary.
One point that seems to be made is that you can get your money quick if you hire the lawyer advertising. Most of the time you should not want to settle your injury claim (unless you know it’s very minor) quickly. We caution our clients that it is important that you wait until your injuries reach a healing plateau before carrying out serious settlement negotiations. You want to be at that stage were your doctors are relatively certain of what your recovery will be, or conversely what your long term disabilities will be, before trying to put a value on your claim. Insurance companies will not pay until they are released from liability. Once you release the insurer you cannot go back for more money (except in rare cases). We have seen too many times in the past people coming in with physical problems from accidents where they settled quickly, either by themselves or with some other attorney, and released the insurance company before they discovered that their injuries were more serious than first thought. Unfortunately, except in a rare case we have to tell these people that their case is closed and they cannot get anything more. In short, if a lawyer is telling you that he can get quick money, go the other way. Insurance companies are always willing to pay quickly – you don’t need a lawyer to get that money, you can do it yourself. You need a lawyer who can properly assess your injuries from the medical reports and your doctor’s opinions, and know when your injuries have reached the healing stage when the extent of injuries is known; this is when the value of your claim can properly be assessed.
The second point that seems to be made in recent commercials is that somehow insurance companies are fearful of certain attorneys. This is nonsense. Insurance companies can afford to, and do, hire very competent and experienced trial attorneys. Insurance companies do not pay because of any fear of the lawyer on the other side. Payment is based on the facts of the case.
This is not to say that the education, experience and competence of an attorney is not important because it is. You should know that your attorney is both knowledgeable and experienced. You want to know what legal education your attorney had and what experience the attorney has with injury claims. You certainly want to know if the attorney has actually tried a jury trial to verdict and what results the attorney has had. If you have a well educated and experienced attorney that attorney will put together a good solid legal case for you. The prospect of a good solid legal case being presented by a well educated and experienced lawyer who has had success with jury trials is the only thing that really will get an insurance company to pay top dollar for an injury claim.
As a law firm we are always proud to tell clients about our education, experience and successes in the jury trials we have conducted. Most of the time it is not necessary to go to trial because the insurance company recognizes that we do in fact have a strong case. We settle most cases, but are always willing to try the case in court in front of a jury if the insurance company does not want to pay our client fairly.
In short, stay away from any attorney who is promising a quick buck, or one who is claims that the trial attorneys who represent well funded insurance companies are afraid of them.
Keep in mind that we are here to consult with if you have an injury claim. As always, our first consultation is always free. Also, if we take an injury claim there is no fee unless you collect.