Q: Can’t I just settle my case myself?
A: You shouldn’t. Try to understand the way insurance companies think. They have some idea of what a jury might force them to pay if you sue. They want to spend as little money as possible. They know that no matter how smart or articulate you may be, you are not going to be able to effectively bring and prosecute a lawsuit against them. Knowing that you cannot sue them alone, they will offer you less than your case is really worth – usually a lot less.
Insurance companies try hard to get injured individuals to settle cases early and cheap. They can be deceptive and use pressure tactics to keep you from seeing a lawyer.
Just one example: My office recently handled a case where an individual was injured due to the negligence of a property owner. When my client called me he said that the insurance adjuster told him that only $2,000.00 was available for his injuries, that he didn’t need a lawyer and that he had only one month to take or leave the $2,000.00 offer.
Luckily, my client called my office before accepting. We assembled the medical records, got photos of the accident scene, the injury and the treatment, and began to prepare for trial. The case settled for $50,000.00.
Q: Can I lose my rights by waiting too long?
A: YES. If you wait too long, you may lose your legal right to recover for your injuries forever.
Q: I can’t afford a lawyer – how does my lawyer get paid?
A: My office takes most injury cases on what is called a contingency basis. In those cases, you do not have to pay me anything in advance. My office advances any costs incurred such as for medical records, depositions, etc. If your case is settled or we win at trial, my office gets a percentage of the settlement or verdict, plus costs. If we lose, my office gets nothing, and you pay nothing.
Beware of lawyers who want you to provide money for costs in a personal injury matter. In my opinion, this may indicate that the lawyer does not believe you have a very worthy case.
Q: Are you willing to take my case to trial?
A: If I agree to represent you it is because I am absolutely willing to take your case to trial if necessary. A good lawyer approaches every case with trial in mind. Not every case goes to trial, but being prepared means bargaining from a position of strength.