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Sometimes I get calls from clients who have called 5 or 6 attorneys before. They don’t understand why a lawyer doesn’t want to represent them. They keep "fishing" for a lawyer who will accept their case. As a general rule, a lawyer won’t take your case unless there is a reason to do so.
One reason is being able to help the client in some way. Several times, clients have called me and I’ve told them they are better off without a lawyer because getting a lawyer won’t be much help. In fact, in some cases getting a lawyer isn’t a good idea at all. Therefore, if I can't bring some "value" to a client's case, then I probably should not be getting involved. Another reason is that lawyers are running a business. They simply can’t accept every case that walks through the door. It has to have merit and be potentially profitable. Therefore, if a case is going to cost the lawyer more than he/she will possibly make on the case, they can't really accept the case unless it's a "pro bono" matter. Therefore, the lawyer has to be able to help you and be able to make money since they are running a business. If a lawyer cannot take your personal injury case, it doesn't necessarily mean you shouldn't pursue your case. You might simply be better off trying to handle your case on your own. Here are some reasons to hire a personal injury lawyer:
There is really no definitive way to evaluate a personal injury case. However, one thing you should know is that no one will ever see the case through your eyes. No one will ever really appreciate the pain you feel from the accident or how the accident may have affected your life. The trouble is that if you are unable to view your case from an “objective” standpoint, it will probably be very difficult to settle your case. (By the way, insurance adjusters can also be guilty of being unable to separate their biases from an objective analysis).
Yes, there is no magic formula to figuring out what your case is worth (even objectively). You can't simply focus on one aspect of your case. A good lawyer should give you an "overall" picture of your case. A good lawyer will stand "far enough" from your matter to be able to see it from a distance and help you understand how others will judge your case. In your eyes, it might be the most dramatic accident in the world. You might aches and pains like never before. However, I reiterate that you can't evaluate your case from your point of view. Unless your jury is full of family and friends who are really fond of you, juries are generally not very generous. They will view your case very differently from you in most cases. If you've chosen a good attorney to help you, then let them do just that. If they've been doing this type of law long enough, then they should be able to give you an honest assessment of your personal injury case. I tell clients I have a "bank" of thousands of injury cases in my mind, based on experiences as a defense lawyer and plaintiff lawyer. I try to compare and contrast their case against the many others I've seen. I try to help the client set realistic expectations. I want to take a moment today and discuss two methods of “alternative dispute resolution” which is also known as ADR. Instead of going to court and presenting your case in a formal trial setting with the judge and jury, there are two other methods that are commonly employed and may be beneficial. They can also save you a lot of money and time.
Let me first mention something called binding arbitration. Each party agrees to an arbitrator and presents their case to the arbitrator in a much more in formal manner than one will present their case in the trial period during trial there are many evidentiary area rules and procedures that must be followed. In front of an arbitrator, and these rules can be more relaxed. The first common alternative to trial is arbitration. The rules of the arbitration can be set out in advance and an agreement signed by all parties to the matter. You can also agree to the maximum amount of compensation to be received by the claimant and the least amount of compensation they could receive. This is sometimes called a “High-Low” or “Mini-Max.” Given those parameters, sometimes people are more willing to engage in arbitration knowing their full exposure. A hired judge that both sides have agreed to listens to the case and makes a decision that is binding upon all the parties. Essentially, both sides have hired a private judge to hear that matter and avoid the traditional trial system. Another method that is commonly employed is mediation. Again, both sides to the dispute agree on a neutral third-party who serves as a mediator between the sides. If you have children, you’ve probably served as a mediator without knowing it! The mediator will sometimes put all the parties in the same room, but more often than not, they will separate the parties into two separate locations and the mediator begins shuttle diplomacy – where they are going back and forth from one room to another trying to negotiate a settlement to the case. For a mediation be successful, both sides have to be willing to bend. An intractable party is not going to be helpful in the mediation setting. Therefore, not all cases are well suited for mediation. However, in some cases, mediation is a good idea because you have some kind of control over the outcome of the case rather than submitting your matter to 12 strangers in a jury box. The courts have become very fond of alternative dispute resolution methods like arbitration and mediation. In fact, parties to most lawsuits are ordered participate in some kind of dispute resolution prior to going to a formal trial. Trials are expensive and time-consuming. The courts are backed up with many cases, and they don’t have enough judges or time to hear the matters as quickly as they would like. Therefore, it can take a long time to get to trial. It’s also very expensive for the parties to engage in trial. Oftentimes, mediation and arbitration are very good alternatives to resolving your case. Make sure to discuss these options with your attorney Whiplash is an injury that occurs as a result of a sudden acceleration/deceleration force, commonly found during a motor vehicle accident. Usually, a stationary car is struck from behind, throwing the victim’s head and neck into hyperextension. A whiplash injury can affect both bone structures and the soft tissues that support the neck, such as intervertebral joints, discs, ligaments, cervical muscles, and nerve roots. Whiplash injuries can be costly, as healing is oftentimes a lengthy and complicated process.
Symptoms of whiplash vary, leading some skeptics to believe that it isn’t so much a real, physical injury than it is a money-making ploy. Investigative studies have determined that while there are always people out there trying to “game the system,” whiplash is legitimate. Symptoms can include stiffness in the neck, headaches, dizziness, burning or prickling sensations and neck, shoulder or back pain. Some cases even result in memory loss, difficulty concentrating, anxiety, irritability, trouble sleeping, fatigue and depression. In most cases, clients don’t feel the whiplash injury until several hours or a day or two after the impact. If there is tremendous pain immediately at the scene, that is usually an indication of a more severe injury such as a herniation or fracture. There are many different kinds of treatment approaches for whiplash. One may be prescribed pain medication, nonsteroidal anti-inflammatory drugs, antidepressants, muscle relaxants or a cervical collar, which is generally worn for a few weeks. Oftentimes whiplash injuries require physical therapy, cervical traction or range of motion exercises to heal. Patients who are prescribed a cervical collar and range of motion exercises early on in their treatment are shown to recover more quickly than those who are not; immobilization may lead to stiffness, increased pain, muscle atrophy and decreased blood flow. It is very important that a whiplash patient is educated about their injury, so as to avoid longer-term whiplash associated disorders. If they fail to follow doctor’s protocol and treatment course, they may actually cause more harm. Important note: While whiplash injuries are indeed real and can cause serious injury, I hate to say that most insurance companies simply don’t place much “value” on such cases. They lump them into the “soft tissue” category. So while your pain may be very real to you, and your injury very legitimate, don’t expect much compensation from an insurance adjuster (or a jury for that matter) You don’t have to use the other party’s insurance company to pay for your property damage. Some insurance companies are actually telling clients to do that. You might call your company and they will tell you that you have to use the company of the responsible party to fix your car.
However, if you have your own insurance company’s comprehensive and collision coverage, you should be able to turn to your own insurance company and have them fix your vehicle. In fact, this is usually the best way to go. I’m not sure why the insurance companies are doing this (passing the buck), but I’ve been hearing this story more often than not. You have every right turn to your own company to fix your own vehicle. You will incur a deductible, but your insurance company will reimburse that to you eventually in most cases. There might be some rare cases where your insurance company won't impose the deductible. Just ask them if they'd consider waiving the deductible, especially when it's pretty certain they're going to recover the money from the opposing insurance company. After they fix your car, they will demand repayment from the other party's insurance company. If they can't resolve their claim, they might enter into arbitration - this is the process by which insurance companies resolve their property damage disputes. Suffice it to say that when they get repaid, they should reimburse your deductible to you at that time. You might have to check with them every so often about that. Believe it or not, sometimes they forget but they usually do remember to reimburse you. Be wary of inconsistent behavior after an automobile accident. I recently had a client who claimed to be very injured from an auto accident but was subsequently seen dancing at a party about a week after the accident! Not a good idea! She certainly didn’t look hurt to anyone attending the party.
If there were any witnesses or others who saw you doing the inconsistent behavior, they can potentially testify against you. You don’t want your inconsistent activity showing up on the social media websites either! I always encourage my clients to be truthful. Inconsistent behavior such as dancing at a party a few days after an accident that allegedly provided great injury to you is not going to help your case. Also, some insurance companies are very aggressive and hire investigators to film you going to the supermarket, going to the gym, hanging out with your friends and going to a party, playing with your children in the park, and many other activities that may prove to be inconsistent with your allegation of injury. If they want to get very zealous about it, they can bring an action against you for insurance fraud if they can prove you were faking your allegations. Again, candor is the best policy. |
Attorney Robert MansourRobert Mansour is an attorney in Santa Clarita, California who has been practicing law since 1993. After working for 13 years for the insurance companies, he now counsels victims of personal injury. Click here to learn more about Robert Mansour. Categories
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