Monday, December 03, 2007

Lawyer Right Opus


Finding The Right Lawyer To Represent You

Adjuster Henry Hustle from GiveAwayNothing Insurance tried to take advantage of you so you’ve decided to obtain the services of an attorney. Here are some insights you should consider:

SMALL LAW FIRM VS. LARGE LAW FIRM: The size of the law firm has absolutely nothing to do with how well that office will represent you and/or handle your case. A large law firm (10 or more names on their letterhead) will not impress an insurance adjuster into giving you a better settlement. On the contrary, adjuster’s who’ve been around, know that huge law offices have multi-million dollar clients with mind-boggling legal problems. Because of this those types of law firms often do not put the time (nor concern) into a several thousand dollar personal injury case that a small office would. The bottom line? You’ll receive more and better attention from a small law office. Many of the best personal injury lawyers operate within the confines of a law firm with only two, three or, at the very most, four associates.

BEWARE OF LAWYERS WHO REPRESENT “DEFENDANTS”:The practice of law has become incredibly specialized. Find a lawyer who has experience representing claimant’s(called “Plaintiffs” in legalese) in personal injury cases.(You’re a “Plaintiff”). Be careful not to be represented by someone who is primarily an attorney for “Defendants’. These lawyers way of thinking are usually too closely tied to the values, attitudes and mental outlook of their cold and calculating insurance company clients.More often than not they’ll not extend themselves nor battle as hard - - consciously or unconsciously - - to obtain top dollar for your claim.(To you four or five hundred dollars more is a lot of money.To them it’s a drop in the bucket)!

COMPARISON SHOP: Talk to friends, acquaintances and/or co-workers who may have been represented by a lawyer on their own personal injury claim. Personal Injury lawyers normally don’t charge for an initial consultation.But, before you meet with them, find out if they do.If the answer to that is “yes”, go somewhere else.

While chatting with the lawyer, getting to know him and (generally speaking) what your case is all about, you should find out:
(1) How long have they been in practice?(10 years - plus - that’s good. 6 to 8 years is just okay. 3 to 4 years is highly questionable. 2 years or less is totally unacceptable).
(2) Roughly what percentage of his practice involves personal injury cases? If it’s less than 75% say “goodbye”.
(3) Does he often represent corporations and/or insurance companies? If he does than forge it, excuse yourself and take a walk.He’s not a Plaintiff’s attorney (you’re a “Plaintiff”) he’s a Defendant’s attorney (the insurance company is a “Defendant”). He’s not for you!

PAYING THE LAWYER - THE WRITTEN FEE AGREEMENT”: After you’ve discussed the fact’s of your case you may be able to get some sense from the attorney how much he thinks your case is worth, and how difficult it may be to get the insurance company to pay that amount.(He probably won’t commit himself. He’ll do a song and dance that would put Madonna to shame). Once you’ve grappled with that ask him exactly how much he’s going to charge you for handling your case?

If you’re at fault for the accident and it’s only your damaged ego that demands legal action he’s going to charge you for every move he makes - - and there can be a ton of them - - at hundreds of dollars an hour.If you have a case in which the other driver is clearly at fault (and your damages are substantial) his heart will be pounding with glee and he’ll be salivating furiously to have you hire him. In that instance he’ll be quite willing to waive all potential charges.

Usually, in the majority of cases, it should be a straight “Contingency Fee” with no costs assessed to you. Once your financial deal has been agreed upon ask him to put that into writing, in his “Written Fee Agreement”.(If he balks at a Written Fee Agreement you should begin to hum that old tune “I’ll See Ya’ Later Alligator”, get up, thank him for his time, and exit that office)

The only purpose of this insurance claim tip FINDING THE RIGHT LAWYER is to help people understand the motor vehicle accident claim process. Neither Dan Baldyg nor ARTICLE CITY make any guarantee of any kind whatsoever; NOR do they purport to engage in rendering any professional or legal service; NOR to substitute for a lawyer, an insurance adjuster, or claims consultant or the like. Where such professional help is desired it is the INDIVIDUAL’S RESPONSIBILITY to obtain said services.
Dan Baldyga’s third and latest book AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss)can be found on the internet at http://www.autoaccidentclaims.com. This book reveals "How To" successfully handle your motor vehicle accident claim, so you won't be taken advantage of. It also goes into detail regarding the revolutionary BASE (The Baldyga Auto Accident Settlement Evalation Formula). BASE explains how to determine the value of the "Pain and Suffering" you endured - - because of your personal injury.
For over 30 years Dan Baldyga was a claims adjuster, supervisor, manager and also a trial assisstant. He is now retired and spends his time attempting to assist those involved in motor vehicle accident claims so they will not be taken advantage of. Mail to dbpaw@attbi.com.


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Accident Attorney Verse


Should You Hire An Accident Attorney

The following article was written for ResourcesForAttorneys.com by David Hallstrom, a private investigator, he is not now nor has he ever been an attorney.

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.

David Hallstrom has been a licensed private investigator for over thirty years. The majority, over 2000, of his clients are attorneys. He is also the President of http://resourcesforattorneys.com, a legal and lifestyle resource directory for attorneys, lawyers and the internet public.


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