Personal Injury 101 For Clients – Part III

1. What will the insurance company for the person, persons or company who caused my injury do about my claim?

After the insurance company has been notified about the claim, a file is established on you and your case. An insurance clams adjuster is assigned to your file by a claims manager or claims supervisor. The supervisor may assign different adjusters to your case as it progresses.

The insurance claims adjuster responsible for your file will maintain contact with your lawyer. The adjuster will also perform an independent investigation of your claim to ascertain the following:

a. Who is at fault in your case.

b. Whether or not you bear any fault for your own injuries. This is also referred to as comparative negligence or contributory negligence.

c. Potential witnesses in the case.

d. The location of the scene of the accident.

e. The contents of police reports, Department of Motor Vehicle reports, and any other investigative reports that have been filed in the case.

After the initial investigation, the claims adjuster will request medical reports and any other reports dealing with your injuries. The adjuster will also review documents about your time lost from work. Most importantly, the insurance claims adjuster will want to receive accurate records of your medical bills, prescription bills, hospital bills, therapy bills, and any other actual expenses incurred as a result of your injury. That is why it is very important for you to maintain an accurate account of your medical bills, lost wages, and other expenses which result from your injury.

2. How does the insurance company put a value on my case?

This question is quite complicated. First, the claims supervisor or claims manager will provide that a certain amount be “set aside” as a potential value of your case. This figure is usually called “reserves.” Such reserves are the outside value that the company has established on your claim. The reserves may change as the case progresses. In serious cases, such reserves may equal what are called policy limits. Policy limits are the outside limit amounts of liability established in the insurance policy of the person or persons who caused your injury.

During the preparation stages of your case, the insurance company will keep track of your medical bills, lost wages, any permanency regarding your injury, and other factors. The company will also take into consideration the quality of evidence against their insured, the quality of your witnesses and their witnesses, extent of liability on your part, and other important considerations such as previous injuries.

If you had a previous injury in the same area of your body, the insurance carrier will want to see medical records pertaining to that injury. During the course of your claim, your attorney will be notified by the insurance company about the important factors that are being considered in your particular case.

3. Should I communicate with or contact the insurance company for the person who caused my injuries?

Absolutely not! Under no circumstances should you contact the insurance company once you have retained an attorney. If you contact the other person’s insurance company, for any reason, you could ruin your entire case with one question or one statement.

Secondly, because you are now represented by a lawyer, the insurance company, in most states, is absolutely prohibited from having any personal contact with you for any reason.

4. Can I contact my own insurance company?

If you have health insurance, medical payments insurance, automobile uninsurance or underinsurance coverage, there may be occasions when it is appropriate for you to contact your own company. However, you should always ask your lawyer whether or not such contact is appropriate. Never contact an insurance company without first obtaining approval from your attorney.

5. Will the insurance company for the person who caused my injuries dispute my claim?

If liability and responsibility are well-established in your case — that is, if fault clearly rests with the insurance company’s insured (the person or persons who caused your injury), they will try very hard to settle your claim. Insurance companies usually dispute the following types of claims:

a. Claim in which the fault rests with someone other than their insured. This could mean you or someone else involved in the incident who may have caused your injuries rather than the person who is insured by the insurance company.

b. Claims in which the insurance company and its representatives do not believe that you are injured, or that you were injured as badly as you claim. For this reason, documentation of medical bills, lost wages, and other expenses are extremely important to establish credibility and the existence of your injury.

c. Cases in which you or your witnesses have lied, exaggerated, or fabricated the nature and extent of your injury or how the incident occurred.

6. What can I do to convince the insurance company that my claim is valid?

As stated above, the most important thing you can do is to recover as quickly as possible from your injury. Insurance company personnel tend to believe those people who actively try to recover from their injuries. That is why you must cooperate with your doctor, physical therapist and other personnel who are trying to help you improve from your injury.

Secondly, insurance companies believe those people who can document their injuries through medical bills, credible medical reports and accurate lost wage information that is neither exaggerated nor subject to dispute and interpretation.

Thirdly, insurance companies usually settle cases easier with those clients who have been in active contact and cooperation with their attorney.

In summary, it is important for you to try to get better, keep an accurate record of your expenses, and cooperate with your lawyer and his or her staff.

Personal Injury 101 For Clients – Part I

 

1. What is the most important thing for me to do after my injury?

 

The most important thing for you to do, quite simply, is to recover from your injury. The law requires injured people to “mitigate their damages.” In other words, the law requires you to do that which is necessary to improve your physical condition and recover from your injury.

 

For you this may mean some, or all, of the following steps:

 

a. Do not miss appointments with your doctor. Stay in touch with your doctor and be certain to maintain your appointments. If you have to cancel, notify the doctor with as much notice as possible. The words “no show” on a doctor’s record sheet can be used against you at the time of settlement or trial.

 

b. Attend physical therapy sessions as prescribed. Your physician or hospital may prescribe therapy to facilitate recovery from your injury. Such a procedure is often helpful in many types of injuries including strains, sprains and other so-called “soft tissue” injuries. If physical therapy is prescribed, be sure to keep your appointments and participate actively in the process. Again, if you have to cancel an appointment, be sure to call, but try to avoid cancellation as much as possible.

 

c. Do what your doctor tells you to do. If your physician prescribes certain medications, therapy exercises, or limitations on activities, be sure to follow your doctor’s orders. Failure to follow your doctor’s advice can be used against you when it comes time to settle your case, or can be used against you in court if your claim proceeds to litigation.

 

d. Follow your doctor’s advice with respect to work and leisure activities. If your physician advises you to rest, stay home from work, or avoid certain activities, it is important that you follow such advice. If you resist your doctor’s advice and do activities that have been limited, it will not only prevent a speedy recovery, but could also affect the legal aspects of your case. Even though staying out of work may have an impact financially, it is important that you follow such advice so that your recovery will be enhanced. Your attorney will attempt to recover lost earnings.

 

2. How do I pay my medical bills?

 

Your lawyer will discuss the payment of your medical bills in detail with you. In summary, your medical bills may be paid by one of the following methods:

 

a. Your own health insurance from your employment benefits package.

b. Your own health insurance that you may have paid for personally.

c. Health insurance obtained by your spouse for your benefit or by your parents if you are under age and living with such parents.

d. Medical payments insurance coverage from your own automobile policy if you were driving your automobile and were involved in an automobile collision.

e. Medical payments insurance coverage from the person you were riding with if you were a passenger in an automobile that has automobile insurance coverage.

f. Your own personal funds if you were not insured and are able to pay medical bills as they are incurred.

g. Workers’ compensation insurance if your injury occurred while you were working on the job and the injury occurred as a result of your employment.

h. The liability insurance coverage for the person, persons or company who caused your injuries. Such insurance coverage will most likely be paid at the time of settlement rather than during the period that you incur such medical bills.

i. Other possible sources.

 

Depending on the nature of your case, your medical bills may be covered by any of the above possibilities. If there is no insurance coverage, your bills will be saved by you and your lawyer, and will be paid at a later date when and if your case settles.

 

3. Will the doctors, hospitals and other medical facilities wait for payment if I am unable to pay my bills as they are incurred?

 

In most cases where there is no immediate method to pay medical bills as they are incurred, many doctors, hospitals, and other medical facilities will wait to be paid for their services when the case is finally resolved by way of settlement or verdict in court. It is important to let medical providers know early in the process if you have no insurance or financial means to pay medical bills as they are incurred.

 

4. How does my lawyer make sure that the doctors and medical facilities will got paid?

 

Most lawyers have a policy of withholding money from the settlement or court verdict to pay doctors and medical facilities. Many doctors and medical facilities require that the patient/client sign a form (usually called a subrogation or lien form) which allows the attorney to withhold enough money to pay medical bills directly from the insurance settlement proceeds.

 

5. Why won’t the insurance company for the person or company who caused my injuries automatically pay my medical bills as they occur?

 

Most insurance companies for the tortfeasor (the person, persons or company who caused your injuries) will not automatically pay medical bills as they occur. There are many reasons for this. One reason is that they do not want to spend a substantial amount of money for medical bills and then be faced with an unreasonable or excessive demand at the time of final settlement. In other words, they do not want to expend a substantial sum of money on medical bills and then be faced with the chance of defending a lawsuit. Secondly, most insurance companies want to conclude or settle the claim with one sum of money. Therefore, most liability insurance companies will wait for the letter of demand from your attorney and then try to conclude the case all at once with one payment.

 

6. How do I keep track of all my bills?

 

One of the most important things for you to do is to keep an accurate record of your medical bills. This is how you do it:

 

a. Ask for a medical bill each time you see a doctor or facility.

 

Maintain a record of your visits and make sure that you obtain a medical bill for each visit to your doctor, hospital, physical therapist or medical facility.

 

b. Save all prescription bills.

 

Be sure to save copies of your prescriptions and drugstore charges for medicine that you purchase as a result of your injury.

 

c. Keep a separate chart with dates, amounts of medical bills, and purchases of medication.

 

Maintain a separate record which has the date of the medical service or purchase of medication, the amount charged, and how the bill was paid (by insurance, your own personal funds, etc.). This requirement is very important because it will be your actual record of medical bills incurred as a result of your injury.

 

d. Be sure that your lawyer receives a copy of each medical bill, prescription bill, or other bill related to your injury.

 

It is important for your lawyer to receive copies of all your medical bills as well as a copy of your medical bill summary when your case is ready for settlement. Even though your lawyer may receive copies of bills directly from the medical facilities, a double-check process will assure that your claim settles for the maximum value. If your lawyer does not have a record of all your medical bills, your case may be settled for much less than its actual value.

 

e. Keep a record of medical bills even if they are processed through a health insurance carrier.

 

Even if your medical bills are paid by a health insurance company or your employer, you must still maintain copies for yourself and be sure to get copies to your lawyer.

What is my West Virginia auto accident injury claim worth?

What is my West Virginia car accident injury case worth?  This is a great question, and indeed almost every West Virginia car accident case client has asked me this question.  Unfortunately, there is no easy answer.  Obviously, money is not everything, but the purpose of our civil justice system is to compensate people for the wrongs of others, and the only manner of compensation which can be achieved is through money.  One of the most difficult aspects of handling West Virginia personal injury actions, including car accident cases, is to discuss, and agree on, a settlement value.

The basis for a settlement is simple.  Assuming your attorney can prove the other party is at fault, what does an insurance adjustor believe  your attorney can convince six West Virginians, sitting as jurors, that your claim is worth?  Of course there’s a whole lot more to it, but everything else is merely a weight on either side of the scales of justice – either weighing for, or against, the value of your case.  This forms the basis over which your case can be negotiated and settled.  If no settlement is possible, then you have to actually ask those six individuals to give you what you are arguing you deserve.  Of course, juries are made up of individuals, which means that different juries could come up with different values, which means that the value of your case is unpredictable.

Some things we can predict.  More often than not, the value of a case will increase over time.  In almost every case, the value of a settlement offered the day before trial is going to be greater, if not much greater, than the value of a case settled before a lawsuit is filed.  But there are many factors that could weigh the scale in either direction (i.e., sway, or potentially sway, jurors in favor of either side’s arguments):

The arguments usually consist of disagreements over the severity of injuries, as described by you, other witnesses, and your medical records, and over the causal connection between the accident and the injuries incurred and complained of.  Another factor is the persuasiveness and credibility of the testifying witnesses.  Yet another factor in consideration is – what venue in West Virginia would the case be brought in (i.e., what county).  For instance, in the coalfields of McDowell County, jurors are notorious for giving large verdicts.  But, in Greenbrier County or Monroe County, although they also are in southern West Virginia, jurors are notoriously conservative, and thus have a record of handing out smaller verdicts.

It helps to understand how insurance companies determine the value of a West Virginia car accident injury case:

Many insurance companies we deal with in West Virginia injury cases use computer software called Colossus, which is reportedly used by more than half of American insurance claims adjustors.  The enter data received from your lawyer, including medical records and the amount of any lost wages.  The program then considers the severity and location of the accident.  It will even consider whether a lawsuit will have to be brought in Greenbrier County, or McDowell County, or Mercer County, or Raleigh County, West Virginia.

The program gives value to certain injuries, and awards more value to permanency of injuries.  Higher value is given to objective injuries, such as broken bones, or herniated discs.  Lesser value is given to subjective injuries, such as complaints of chronic pain or headaches.  Value could also be added or removed due to other factors, such as whether the injured person went to the hospital immediately after the accident, or whether there were preexisting injuries, or injuries which have occurred after the accident.

Also considered will be who the accident attorney is responsible for the case. The insurance adjustors know which attorneys settle cases without proceeding towards trial, or even filing a lawsuit.  Even more important, it will be up to your attorney to take your case from a number generated by computer software to a realistic view of human compassion and needs.  Your accident attorney has to communicate your everyday pain and suffering to the jury.  This is a very subjective task.  One attorney may not do well at it, but another may do extremely well.  The resulting compensation which juries award for that pain and suffering will be the result.  I believe that the more effective your accident attorney is at trial and persuasion, the more compensation you will receive.

Example Values of Specific Injuries (According to a recent national Jury Verdict Research analysis):

Foot Injuries: the overall median award was $98,583.  Multiple fractures to the same foot increase the median to $144,000.  11% of these injuries were from motorcycle cases.  Another 28% of these injuries were from car and truck accidents.

Leg Injuries: the overall median award was $141,847.  However, there are many types of leg injuries and fractures, some of which command remarkably higher verdicts, such as a femur fracture, which holds a median award of $482,273 – with the highest recorded verdict being $4,000,000.  Multiple fractures in the leg carry a mean and median verdict of $596,618 and $192,762, respectively.

Rotator Cuff Injuries: the overall median award was $72,667.  These typically occur in side-impact car collisions.  

Knee Injuries: the overall median award was $34,550 – which does seem a little low.

Vertebrae Fractures: the overall median award was $112,537. 66% of these cases were from car accidents, which are the leading cause of spinal injuries.  The overall award for multiple vertebrae fractures increases to $207,000.

Hip Fractures: the overall median award was $175,000, and the overall mean award was $435,581.

Overall, the value of your case can only be determined with respect to your individual injuries and circumstances.  Also at play is the amount of insurance available to compensate you  for your injuries.  In many, many cases, there is not enough insurance.  Sometimes alternate sources of insurance or liability can be found.  For this reason, among many other important reasons, it is very important to consult with an experienced West Virginia car accident injury lawyer about your particular case – and preferably one who has a reputation for going to trial often and winning.  As I have said before, almost every car accident attorney offers a free consultation.  And if they don’t, then call someone else.

 - John H. Bryan, West Virginia Car Accident Attorney.

On being successful in a West Virginia car accident case

As a West Virginia car accident lawyer, I have seen many examples of people who’s cases were mishandled due to the neglect or improper representation of a prior attorney.  Many attorneys will just sign a client up, then will talk with the insurance company about settling the case, and then eventually will talk the client into taking an extremely lowball offer because they are not able or not willing to file suit and take the case towards trial. 

For this reason, I can tell you that the proper way of finding a West Virginia car accident attorney is not to just open up the yellow pages and choose the flashiest advertisement.  Though many, many, attorneys advertise as West Virginia personal injury attorneys or West Virginia car accident attorneys, that doesn’t necessarily mean that all of those attorneys are experienced in these types of cases.  Many of these attorneys may not even regularly try cases.

Insurance companies know which attorneys try cases and which do not, and they offer settlements accordingly.  If they know they don’t have much to fear – that the attorney will want to avoid trial at all costs and will advise the client against trial, they will make a low offer.  And vice-versa.  The best way to achieve a successful resolution to a West Virginia car accident case is to make sure that you choose an attorney who has a record of trying difficult cases and winning.

 - John H. Bryan, West Virginia Car Accident Attorney.

Do I really need a lawyer for my personal injury case?

I saw this article on MSN Money, and it provides some good information for a very common question:

Insurance companies, by their own admission, try to settle injury claims as quickly and as economically as possible. They have little interest in protracting litigation because it costs them money. When you’ve been in an accident and sustained damages or injuries, the insurance company of the person at fault will likely contact you and offer to settle the claim immediately or in a very short time.
The complex language of insurance policies and the hardball tactics used by some claims adjusters can often leave you feeling that you’re not getting all to which you are entitled. And, if you’ve been injured in an accident, there may come a time when you conclude you need more ammunition to fight your cause — in other words, a lawyer. Here’s how to decide if hiring a personal injury lawyer makes sense for you.

Insurance companies focus on dollars, not victims

If an insurance company offers you a dollar amount, what should you do? Steve Meckler, a personal injury lawyer in Elyria, Ohio, says that if you’ve been seriously injured (broken bone, internal injuries or worse), never take the first offer. “It’s unlikely the company will ever provide you with their best offer first,” he says.

The insurance company may say it’s offering you a fair settlement, but “why would they be fair to you, a person they don’t represent?” Meckler asks. “Insurance companies are in the business of making a profit. The company doesn’t arm their claims adjusters with a shield of justice and righteousness.”
“Everything in life is negotiable,” says John Kovacs, another Ohio lawyer who handles personal injury cases. “The insurance company wants to see how serious you are. The first-line claims adjuster is not going to give you the limit of what he’s allowed to give. (Companies) don’t hand out gold stars for that sort of behavior.”

Moreover, you need to understand the litigation process to make a good decision about whether to take an insurance company’s offer.

When not to hire a lawyer

After an accident, you may want to seek legal advice, but you may not necessarily have to rush to retain an attorney. You probably don’t need to retain counsel when the accident was a simple fender bender and you weren’t injured. “Just settle the case for property damage, get your medical bills paid, if you have any, and let it go,” Kovacs says.
Seeking legal advice under those conditions is a waste of your time, both Kovacs and Meckler say, even if there are minor injuries.

When to find counsel

There are cases in which hiring an attorney may be the next logical step. If there’s a dispute about who’s at fault in the accident, Kovacs recommends that you at least have an initial visit with an attorney. And if you’ve been seriously injured in an accident, go seek legal counsel. Kovacs points out that serious injuries are not always evident right away, so even if you receive emergency care, you should have a follow-up visit with your regular doctor.

“Insurance companies have investigators, house counsel and millions of dollars. And you, as an injured person, are already starting behind the eight ball because (an experienced claims) adjuster has dealt with 100 cases like yours already,” says Kovacs.

If you’re involved in an accident with an uninsured or underinsured motorist, you should always retain counsel, probably as soon as you can after the accident. Many uninsured motorists don’t want to pay, and you may have only a limited time to sue one of these drivers. Some insurance policies have language that state that if you wish to arbitrate with an uninsured motorist, you and the uninsured must reach an agreement within 60 days after the day of the accident. Kovacs recommends that you make sure the attorney you hire understands insurance law and policy language.

Two questions to ask before hiring a lawyer are:

“What settlement will I be happy with?”
“Am I going to do better or worse with an attorney?”

The first question is easy to answer; the second is much harder. “There’s no way to tell if you’ll do better or worse,” Meckler says. The case’s jurisdiction (where your case is based), your individual circumstances, and your willingness to settle are all factors that make the outcome of a case tough to predict.

What to know about the process

Another factor that can make the litigation process difficult is your own inexperience with legal processes. “Most claimants ask for either too much or too little,” Meckler says. “People just don’t know the process, and they don’t know the value of cases.” Result: Getting a resolution is tougher.
Kovacs advises that, before hiring a lawyer, find out how many personal injury cases a lawyer has handled. “Don’t be shy (about asking),” he says.

Claimants also don’t often know to seek and document all medical treatment right away after an accident. If you don’t and your injuries are still with you six months later, claims of long-term injury are hard to prove. You need a doctor’s documentation to back you up.

A third: the lawyer’s cut of the settlement

Most personal injury lawyers work on a contingency basis and don’t charge a fee for an initial consultation. However, expect to give up — at the very least — 25% of your settlement to your attorney.

Most lawyers take one-third of the settlement agreement, but if you go to trial, expect your attorney’s cut to reach 40%. Some lawyers even take as much as 50% of the settlement after a trial.
In rare cases, lawyers will charge an hourly rate. The fees attorneys can take may seem exorbitant, but they are within the limits of law. Most states have authorized personal injury lawyers to take up to 40% of a settlement they negotiate.

How long until I get my money?

Many severe auto accident cases that Meckler handles last about nine months; but that includes only injury-recovery time and arbitration, not the trial process. The injury-recovery process is the most time-consuming — but most important — lasting six months on average. “There’s no reason the (settlement) can’t be resolved within 90 days after that, unless you have to file a lawsuit,” Meckler says.

Let’s say you decide to sue. It may be 13 months after the accident before you see a realistic settlement. If you go to trial, “Lord help us all,” says Kovacs. Trial reduces final disposition to a snail’s pace.

In medium-sized jurisdictions with populations of around 250,000, it may take 2½ years before a trial is completed. In larger cities, such as Cleveland, New York, or Miami, a verdict issued three or four years from the date of the accident is common.

Tips on Hiring a West Virginia Personal Injury Lawyer

I recently came across an article on ExpertLaw, regarding tips on hiring a personal injury lawyer, and I think it is great advice for anyone who has been injured and is seeking out a West Virginia personal injury lawyer – or a personal injury lawyer in any other state for that matter. Several questions are discussed:

Why do I need a lawyer?

When you or your loved one suffer an injury as the result of somebody else’s action, perhaps it seems natural that the person would offer to compensate you for your injury, or that their insurance company will do the right thing and offer a fair settlement. Unfortunately, that rarely happens. Many people will not take responsibility for their actions, and insurance companies profit from undercompensating injury victims. Insurance companies and their lawyers also know the governing law backwards and forwards, and they know that most non-lawyers have no idea what legal rights and remedies they possess.

An experienced personal injury lawyer knows how to build your case, how to negotiate your case with an insurance company, and, if necessary, how to take your case to trial. While it is possible to negotiate your claim with an insurance company yourself, insurance companies will typically do everything they can to take advantage of you and to effect the lowest possible settlement, while attempting to elicit statements from you that will damage your position if you ultimately decide to sue.

A lawyer is in a good position to help you obtain a favorable settlement that, even with the attorney fee deducted, significantly exceeds what you can obtain on your own.

How much does a personal injury attorney cost?

Personal injury lawyers almost always accept cases on a contingent fee (or “contingency fee”) basis, meaning that they if they win they receive a percentage of the award as their fee. If they lose, they do not receive an attorney fee. (Please note that attorney fees are different from costs, and you may be responsible for certain costs associated with your case, such as the filing fee for your lawsuit, even if you lose. While this is rarely an issue, as most civil litigation settles short of trial, you may wish to clarify the issue of costs with your lawyer.)

The amount of the contingent fee your lawyer will charge will vary somewhat from state to state. In most states, the attorney fee will be between one third and 40% of a personal injury award. Attorney fees for workers’ compensation cases are more tightly regulated, and are typically lower than for regular personal injury matters. If your case is potentially worth a lot of money, you may be able to negotiate a reduction of the attorney’s contingent fee – however, the best personal injury lawyers are usually not willing to negotiate their fees. They know that they are often able to recover substantially more money for their clients than attorneys with lesser skills, resulting in a greater award to you regardless of the percentage taken by the attorney.

Where Can I Find An Attorney?

You can find the names of attorneys from a variety of sources. You may seek advice from friends, or from your doctor or another health care professional. You may look in the Yellow Pages or an online lawyer directory. You may contact a State Bar lawyer referral service. There are many ways to seek a personal injury lawyer, but there are no magic answers to finding a good lawyer.

Go To An Attorney You Trust, And Seek A Referral

One of the best ways to find personal injury lawyer is to consult an attorney you trust. If you do not know any attorneys, ask your friends for names of attorneys they trust. It is not important that they give you the name of a lawyer who can handle your case – what is important is that the attorney is likely to comprehend the issues of your case, and is well-positioned to know which attorneys in your community have the skills to handle your case. Even if the attorney cannot personally take your case, he will often be able to refer you to a lawyer who can.

You should note within this context that attorneys frequently receive “referral fees” when they send personal injury cases to other lawyers or law firms. The amount of this fee can be significant – it is usually about a quarter to a third of the fee received by the personal injury lawyer who handles your case. This gives the attorney an incentive to refer you to a good personal injury lawyer – but if this possibility makes you at all uncomfortable you shouldn’t hesitate to ask if the attorney referring your case expects a referral fee.

Referral Services & Membership Organizations

Many state bar organizations offer referral services to help people find attorneys. Usually, any member of the organization can list with its referral service, and you can’t know just from the referral that the lawyer is truly qualified to handle your case.

There are also a number of specialty organizations, such as the American Association For Justice , which offer online directories of their membership. Most lawyers with significant personal injury practices are members of the AAJ. However, most legal organizations are open to all attorneys, and membership means only that the attorney has paid the membership fee.

Internet Lawyer Directories

A number of commercial on-line directories claim to screen their attorneys, or claim to list only highly qualified attorneys. Most are not being completely honest. Regardless of their promises, most on-line directories will list any personal injury lawyer who pays the required fee, and there is absolutely no guarantee that the listed attorneys are qualified to handle your case.

There are also a large number of websites on the Internet which look informational, but in fact are owned by law firms. Be wary of any “injury information” site that lists law firms or offers lawyer referrals, particularly if it does not make obvious the identity of its sponsor.

Advertising

The issue of attorney advertising is addressed in the next two questions:

Should I hire the guy with the 1-800 number, and all of the ads on TV?
Should I hire the guy with the big “yellow pages” ad?

Should I hire the personal injury law firm with the 1-800 number, and all of the ads on TV?

Generally speaking, television and radio advertisements are a bad way to find an attorney. Many advertisements are paid for by referral agencies, which collect large numbers of calls and then divide them up between member attorneys. Even when the advertisements are paid for by a law firm, often many of the cases are referred out to other firms who share the enormous cost of advertising. Most of the time, the attorney with the big advertising campaign will not have an office near you. Unless your case is worth a lot of money, you may well find that you are quickly referred to a different firm or that you can’t get much attention for your case.

Please note that, when it comes to hiring a personal injury lawyer, many of the best personal injury attorneys do little or no advertising. They get their cases through “referrals” from other attorneys, due to their reputations for doing good work and getting good results.

Should I hire the lawyer with the big “yellow pages” ad?

If you look at the “full page” ads in the yellow pages, you will likely find that there are two types. The first type is an ad for a local attorney, who has chosen to pay for the full page. The second type is an ad for an attorney from outside the area, sometimes from the same attorney who runs the huge television ad campaigns.

Many of the biggest ads will be from personal injury law firms, who anticipate that their large advertisements will bring them large numbers of injury cases. Many of the better personal injury lawyers and firms do pay for full-page ads. However, as was previously noted, some of the best personal injury lawyers do little or no advertising at all. Also, there are many attorneys who buy the largest ad that they can afford in order to make their practices appear better than they really are.

If you look through the yellow pages, you will see that most lawyers claim to specialize in “personal injury” cases. Many of these lawyers have handled very few personal injury cases, and some have never had even a single injury case. The yellow pages can provide some degree of confirmation that a particular law firm is established, but even a big advertisement does not certify that a firm is qualified to handle your case.

Are there special types of personal injury lawyers for different types of cases?

Yes. When you are seeking a personal injury lawyer, you should consider that most personal injury lawyers do not practice medical malpractice law, and many do not handle workers’ compensation cases. Just as you would seek a specialized doctor to provide a special type of medical care, the practice of medical malpractice law is very specialized and in seeking a lawyer it is almost always best to seek out a lawyer or law firm which has significant experience in that area of law. Some lawyers specialize primarily in workers’ compensation law, which is typically handled through a special system of administrative courts.

Further, beyond workers’ compensation and medical malpractice, certain law firms specialize in particular types of injury or cause of action. There are personal injury law firms which focus primarily on burn injuries, or brain and spinal cord injuries. There are personal injury firms which concentrate primarily on car accidents, construction accidents, or litigation over defective products. You will benefit from asking whether a lawyer you consult has experience with your type of injury before you make your hiring decision.

If I meet with an injury lawyer, do I have to hire him?

No. Although personal injury attorneys rarely charge for an initial meeting with a potential client, before your meeting you should ask if there is a fee for an initial consultation. If there is, you will be obligated to pay that fee even if you do not hire the attorney. However, even when the consultation is free, you have every right to take some time to think before you hire a lawyer, and you have every right to decide not to hire the lawyer. Hiring a personal injury lawyer is a big step, and there is nothing wrong with consulting several lawyers to find one who makes you comfortable.

What should I ask the attorney before I hire him?

The questions you should ask will vary with your case. Consider the following list to be a starting point:

What are your areas of specialization?
Have you handled cases like mine before? How many? What was the outcome?
Will you be the only attorney who works on the case? If not, who else will work on it?
How long will it take for this case to be resolved?
Will you take my case on a contingent fee basis?
Are there things I should do to improve my case, or to help you?
How will you keep me informed about the progress of my case?
If I contact your office with questions, how long will you take to return my call?
If you are unavailable or on vacation, who can I speak to about my case?
How often do you go to trial?
If I am not happy with a settlement offer and you want to settle, will you go to court anyway?
If I am happy with the offer but you think we can win more at trial, will you follow my wishes?
Have you ever been disciplined by an ethics committee, or been suspended from the practice of law? If so, why?
What “continuing legal education” courses have you attended during the past few years? Have you taught any?
Please note that, as desirable as references may be, it is usually not possible for personal injury lawyers to give references from past clients due to attorney-client confidentiality. However, you may wish to ask for references from other attorneys.

Should I ask for a written retainer agreement?

Yes. A written retainer agreement is the best way to ensure that your rights are protected, and in many jurisdictions is required for a contingent fee agreement to be valid. Many personal injury lawyers use a relatively short fee agreement, but even if it looks short and simple you should take your time and read the whole agreement before signing. If there is something you don’t understand, ask for clarification before you sign.

What if I hire an injury lawyer, but I don’t like the work he does?

Your lawyer works for you, and you have the right to terminate the attorney-client relationship. Please note, however, that your lawyer is still entitled to compensation for work performed on your case. If the lawyer was representing you on a “contingent fee” basis, the lawyer will often be entitled to a portion of the proceeds of your case once it has been resolved.

Usually, before you fire your lawyer, you will want to first talk to a different attorney. Sometimes the new attorney will tell you to try to work out your problems with your lawyer. If you choose to hire the new attorney, the new attorney should be willing to work out the details relating to any fees you may owe to your prior lawyer.

If I want to appeal my case, does my attorney have to represent me?

Generally not, unless your retainer agreement requires your attorney to take on the appeal. Your lawyer will ordinarily only have to represent you on the matters specified in your retainer agreement. Once a final judgment has been entered, your lawyer ordinarily has no further responsibility to represent you or to appeal your case.

What if a dispute arises?

In the event that a dispute arises between you and your lawyer, many state bars offer dispute resolution services. These services can be of particular benefit in the event of fee disputes. If you feel that your lawyer has acted in an unethical manner, each state has a “grievance” procedure where you can file a complaint against your lawyer and have your complaint investigated.

Source: Expertlaw.

I was involved in a car accident in West Virginia – The other driver’s insurance said I don’t need a lawyer – Is this true?

Some insurance companies will send letters to people involved in car or truck accidents telling the injured person that they do not need an attorney.

Since 1995, for example, Allstate has been sending a letter entitled “Do I need an Attorney?” which makes the following claims, among others:

1. Claims are settled faster when a lawyer is not involved;
2. Lawyers charge a percentage of recovery and if you settle directly with Allstate you get to keep the entire amount;
3. Injury victims can hire a lawyer later if they don’t like the settlement offer;
The letter includes many other statements that are misleading, half-true, or not true at all.

Other insurance companies also try to convince injured people not to hire their own lawyer.
Here is the plain truth–Allstate, and the other insurance companies who send these types of letters, do not care anything at all about you or whether you receive a fair settlement.

In fact, the insurance company’s own statistics prove that its costs the insurance industry an average of $9000 more per claim when the injured person has a lawyer.

The reason the insurance companies try to convince people not to hire an experienced lawyer is because they know they can settle the case more cheaply if the injured person doesn’t have a lawyer.

The truth is that you should always at least consult with an attorney before settling a personal injury or wrongful death claim. Personally, I never charge anything for meeting with a client and answering any questions they may have about their case. Other good personal injury lawyers in West Virginia offer the same benefit.

For example, a West Virginia car accident lawyer can help you figure out:

1. The reasonable value of your case;
2. Why delay may be a good thing (or a bad thing);
3. How to get your medical bills and treatment taken care of;
4. How to recoup any lost wages;
5. How long the case will take.

And many other topics. Or any other questions you may have about your case.

The insurance companies won’t answer these questions. Or at least they won’t give you straight and truthful answers.

If you have been involved in a serious car or truck accident in West Virginiia, and the insurance company is trying to convince you not to hire a lawyer, you should know right away that they are trying to trick you into settling your case for pennies on the dollar.
And once you know the insurance company is trying to do this, you know you can’t trust a thing they tell you after that.

I Was a Passenger in a Car Accident, Can I Sue The Driver?

This is a common question for many car accident victims. The answer, in West Virginia anyways, is yes – if the driver was negligent. The driver of the car owes a duty to any passengers in the vehicle, a duty not to drive negligently or recklessly. If the driver breaches that duty and ends up crashing the vehicle, either in a single vehicle accident or with another car, then he or she is liable to any passengers, as well as occupants of the other vehicle. This means that the driver’s insurance will be liable for any personal injuries sustained up to the policy limits.

There are other issue however, that need to be examined thoroughly by a West Virginia car accident attorney, such as: are there any other insurance polices that could provide coverage, such as the passenger’s vehicle insurance or underinsured driver’s coverage? Another concern is that if there have been several people injured, there may be insufficient coverage for all of the injured persons. Each situation must be examined individually and will bring unique issues, all of which should be quickly addressed by a West Virginia car accident lawyer.

– John H. Bryan, West Virginia Car Accident Attorney.

Truck Accident Resource for Personal Injury Victims and Lawyers in West Virginia

As a West Virginia injury lawyer handling truck accidents, I have found the web site published by the Truck Safety Coalition, which can be found here, as extremely helpful. The organization is a partnership between The Citizens for Reliable and Safe Highways (CRASH) Foundation, and Parents Against Tired Truckers (P.A.T.T). The Truck Safety Coalition is dedicated to reducing the number of deaths and injuries caused by truck-related crashes, providing compassionate support to truck crash survivors and families of truck crash victims, and educating the public, policy-makers and media about truck safety issues.

Recently, the Truck Safety Coalition issued a report card based on truck accidents that have occurred throughout the U.S., ranking the worst truck accident states. The Truck Safety Coalition looked at the number of truck accident deaths that occurred for every 100,000 people. Over 114,000 people were injured in truck accidents in 2005, and 5,200 people were killed in truck accidents, making the average number of truck accidents with fatalities 1.76 deaths for every 100,000 people.

West Virginia ranked as one of the 10 states with the highest average of truck accident deaths per population. Others included Kentucky, Kansas and South Carolina.

– John H. Bryan, West Virginia Car Accident Attorney.

Should You Contact an Attorney After a Car Accident in WV?

Should you contact an attorney after a car accident in West Virginia?

The short answer is, that it depends. If the car wreck was minor and there obviously have not been any injuries, then it may not be necessary to contact a car accident lawyer in West Virginia. However, if you or anyone you care about has been injured in the car accident, especially if there is any permanent injury, or significant time is lost from work or school or household duties, then you’ll want to see a lawyer about possibly representing you in a claim against anyone else who may be responsible for your injuries. However, even if you’re not injured, don’t entirely rule it out as the facts and circumstances surrounding car accidents are always different.

Contacting an attorney who deals with personal injury (especially relating to auto accidents) can provide you with the peace of mind that no stone gets left unturned. It is especially important to contact an car accident lawyer immediately if any of the following events have occurred:

– An injury has occurred where there has been serious injury (broken bones / hospitalization) or where injuries are likely to be permanent (paralysis);
– A death has resulted from the accident;
– Fault is clearly an issue;
– Other parties were involved such as pedestrians or other autos;
– The accident occurred in a construction area;
– A police report does not accurately describe the accident and puts you at fault;
– Important technical, legal or medical issues are involved;
– The limits of your liability insurance are low,
– You have no insurance, or your insurance company suggests that you did not pay your premium.
– Your insurer starts “acting funny.”
– Your insurer involves its own attorney

Other reasons to speak with a West Virginia car accident lawyer include:

– Seeking advice on the settlement value of a claim (while not an exact science, attorneys may be able to provide best and worse case scenarios);
– Unsure if other insurance (homeowners, travel, etc.) may be available;
– Fault may be an issue;
– Determining whether your insurer may be acting in bad faith (not looking out for your best interests);
– Seeking information on how to handle negotiations with an insurer;
– You don’t know your rights;
– Confused over the terms of your policy;
– Needing an expert to review confusing paperwork or forms.

– John H. Bryan, West Virginia Car Accident Attorney.