Auto Collisions

When you are injured, and someone else, or some business is at fault, you cannot afford not to get an attorney.  Obviously, this is a very self-serving statement from an attorney.

But it is not so different than saying you need a brain surgeon to do your brain surgery. Or a dentist to extract that tooth. Or your mother to make you that great peanut butter and jelly sandwich.

Smart people recognize that professionals make things better, faster, and at less cost when compared to the “do it yourself” option.

I’m going to get to the “afford” question here in a moment.

Attorneys work on a “contingent fee” basis and are paid a percentage of the total recovery they obtain for their clients.  If there is no recovery, the attorney receives nothing.

Why then do you need an attorney?

Because the attorney will get more – much more – than you can get as compensation for your injuries.

Why?

Because they can threaten. They can file a lawsuit. You cannot. Going to court is a risk for both sides, but the insurance companies HATE risk. They will thus offer and pay more, much more, when an attorney is involved. Insurance companies do not believe an injured person, not represented by an attorney, will actually get an attorney and then file a lawsuit. They believe this because of statistics.  Their statistics, from hundreds of millions of claims show them, overwhelmingly, that a person who undertakes to represent themselves and negotiate with them will not cut-off those negotiations and then hire an attorney.

You may be highly intelligent. But you’re not an attorney. You can’t file a lawsuit and conduct the process properly. An attorney can. Insurers pay more to attorneys.

Can you afford an attorney?

You will get more, much more, with the services of an attorney, than you can possibly ever get by negotiating yourself.  In fact, like everything else, the insurance industry has statistics. Their own published statistics reveal that the average person receives three times (3x) more when using an attorney!

So once again, it costs you nothing up front.  The fee for an injury attorney is contingent upon recovery for you.  No recovery, no fee.  What is the fee?  It is typically a percentage of the total recovery. Fees usually range from 30% to 40%.

Injured?  Hire an attorney. Hire me.

You are hurt. In pain.  Can’t move where it hurts. Can’t sleep fully, restfully. Worried about medical bills. Doctor not helping. Stressed. Upset. Car not being fixed. Can’t get to work without an Uber. Maybe not working – more stress because maybe household bills not going to get paid. Can’t get kids to soccer practice or the game. Spouse and kids being supportive but you feel you’re letting them down.

AND YOUR LAWYER isn’t helping?  Or not doing anything? Or enough?

Aaaaaaggggghhhhh!

Wait.  Hold the phone.  How do you know?  Much is being done “behind the scenes” by your attorney, assuming they are doing what they should be doing. But you don’t know unless you ask.

Attorneys do not routinely tell clients every single thing they do, or report to them about every single phone call or letter or email they make or receive.

The number one reason people fire their attorney is because of lack of communication. I get it.

The number one reason lawyers don’t communicate with the clients (or communicate enough) is because they don’t have anything significant to tell them, so they don’t call.

The top reasons lawyers don’t have anything significant to tell you is because:

1. Insurance companies don’t give them answers in a timely manner
2. Car repairs take a long time, particularly nowadays when seemingly EVERY part needed is on back-order
3. Getting medical records and bills, needed to evaluate your case, despite having been requested by the attorney’s office, have not been received – because hospital billing and records offices, and doctors, take their time sending those things – and even more infuriating, often lie about getting the request, or send the wrong records or bills.

Non-communication is not usually a valid reason to dump your attorney.

Call him, or her, and politely ask for more communication, more updates, even just a call to tell you they’re working “on it” but don’t have an answer. Ask for an explanation in a non-aggressive manner.

If you are repeatedly put off, if your telephone calls, emails or texts are continually not answered, if you can never speak to the attorney or the legal assistants tell you “someone will get back to you” and they don’t in a reasonable time, then, maybe, maybe, you should consider changing attorneys.

Sometimes I get calls from people upset with their attorney, asking if I’ll take their case. I discuss with them all the above, and I try to restore the relationship. If the potential client is insistent, and in certain circumstances, I will agree to take over their case.

First thing to do however, again, call your attorney and ask questions, and ask for more communication.

You can negotiate yourself, but the real question is “Should You?”

If you have a minor injury, one that maybe you went to your doctor once just “to check” you probably can negotiate yourself.

You should not negotiate yourself if you have any appreciable injury.

Why?  Because if you are going to make a claim for compensation – which you are legally entitled to receive – you will NEVER GET AS MUCH YOURSELF AS YOU WILL IF YOU USE AN ATTORNEY.

Period. Not debatable. No discussion.

Let me ask you – would you do your own brain surgery? Extract your own tooth?

Do you do your own taxes?

Do you recognize, that while you are certainly highly intelligent, brilliant, beautiful, handsome, skilled in many ways, you cannot do everything and get best results?

Smart people recognize that professionals make things better, faster, and at less cost when compared to the “do it yourself” option.

Attorneys work on a “contingent fee” basis and are paid a percentage of the total recovery they obtain for their clients.  If there is no recovery, the attorney receives nothing.

Why then do you need an attorney?

Because the attorney will get more – much more – than you can get as compensation for your injuries.

Why?

Because they can threaten. They can file a lawsuit. You cannot. Going to court is a risk for both sides, but the insurance companies HATE risk. They will thus offer and pay more, much more, when an attorney is involved. Insurance companies do not believe an injured person, not represented by an attorney, will actually get an attorney and then file a lawsuit. They believe this because of statistics.  Their statistics, from hundreds of millions of claims show them, overwhelmingly, that a person who undertakes to represent themselves and negotiate with them will not cut-off those negotiations and then hire an attorney.

Again, you are highly intelligent. But you’re not an attorney. You can’t file a lawsuit and conduct the process properly. An attorney can. Insurers pay more to attorneys.

You will get more, much more, with the services of an attorney, than you can possibly ever get by negotiating yourself.  In fact, like everything else, the insurance industry has statistics. Their own published statistics reveal that the average person receives three times (3x) more when using an attorney!

So once again, don’t negotiate with an insurance company to recover compensation for your injury. You don’t know what they know, and that lack of knowledge means SIGNIFICANTLY less compensation for you.

Hire an attorney. Hire me.

A. Get the name, address, telephone number and automobile insurance information from the other driver. Also, get the names, addresses and telephone numbers of any witnesses to the accident. Make notes of statements made by the other driver or occupants of the other vehicle about how the accident occurred. Take photographs of any damage to your vehicle and the other vehicle.

A. Unless your vehicle is creating the potential for another accident, do not move it or the accident debris until you are instructed to do so by the investigating police officer.

A. Do not discuss the accident with anyone other than the investigating police officer, your doctors, and your lawyer. Insurance representatives are the LAST people you want to talk to. It is okay to talk to them, after your lawyer has properly counseled you.

A. The process begins with a meeting with the lawyer. In my office we explain things to you, and ask you to provide information to us so we can begin work on your case. You will be asked to sign authorizations so that we may obtain medical records and lost wage documentation. A contract will be signed which identifies you as the client and me as your lawyer. Thereafter, we handles the details of collecting information, dealing with insurance companies, and generally overseeing all important matters for you, so you can go about your normal routine and get back to full health. Once your injuries have resolved, it is my job to identify for you the value of your case, and then, with your permission, to negotiate to recover that money from the insurance company.

A. Most lawyers take personal injury cases on a contingency fee basis. Normally the lawyer takes a fee of one third out of the settlement, or higher, if the matter goes to court and a verdict is obtained in the case. I charge one-third if we settle the case before filing a lawsuit, and 40% once the lawsuit is filed.

A. You will not need any money up front, and the possibility for having to pay out of your pocket at any time is very small. While lawyers are ethically prohibited from paying for the expenses of a client’s case, routinely the expenses are small and they are advanced by the lawyer. Expenses before a lawsuit is filed usually consist of costs for the police report, and for copying medical records. In my office, these expenses typically add up to no more than $50.00 per case. I do not ask our clients to pay this up front, but rather, I deduct expenses at the end once settlement is reached. In cases involving litigation, each case is different and will have varying expenses. Before beginning that process, I always explain things thoroughly to my clients, so that they understand what is involved. Finally, I would never commit a client to an expense that they did not approve of in advance.

A. Maryland and Virginia do not have “no-fault” insurance. Those states that do have different variations of “no-fault” insurance require minimum coverages to pay anyone who was injured while in a vehicle involved in a collision. The key feature of a no-fault law is the guarantee of being paid by your own insurance company for a variety of limited losses, whether or not you were at fault, in exchange for giving up your right to make a claim against the other driver. No fault laws are designed to limit your recovery. Fortunately, no such limits have been enacted in Maryland or Virginia.

A. Report the accident to your insurance company. Your insurance policy most certainly has what is called “Uninsured Motorist” coverage, which protects you in cases exactly like this. Your premium, by the way, does not and cannot go up because you make a UM claim.

A. You will get the amount of money necessary to repair your car to the condition it was in before the accident. If the car is a “total loss” you would then be offered the amount the car was worth, based on industry price-settings guides (like the Kelly Blue Book), and the car would not be repaired.

A. It is up to you to decide who you want to repair your car. Do not be bullied by the insurance company into thinking you have to have your car repaired by the shop giving the lowest bid. You are entitled to have your car repaired to the same condition it was in before the accident.

A. No. You can use your own doctor. No one can tell you what doctor you may use.

A. Keep a record of the time you miss from work, even if you still get paid because you use sick time or vacation. Keep track of the amount of money you lose by not being able to work. All this time you cannot work has to be paid by the person who caused the accident.

A. Talk with your lawyer about the bills. In my office, we call doctors and ask that payment of the bills be postponed until after your case has been resolved. Many doctors will agree to this. Don’t let the bills worry you.

A. This the most frequently asked question by new clients. First, every case is unique. The value of an injury depends on many factors which are probably unknown when the client first contacts the lawyer. For instance, the value of a case depends not only the nature and extent of injuries, but also on the factual circumstances of the accident. Many of these factors cannot be known until the lawyers investigates the claim. Before a value can be made, you should be fully recovered from your injuries, and if that isn’t possible, your doctors should have provided a permanency or disability rating. This is a letter stating you have a permanent injury and how it will affect you. We must have all the medical records so we can have a thorough understanding of your treatment, your current condition and your future prognosis. We must have a document detailing the wages lost due to the accident. We must also have a complete understanding of how the accident affected you while you were recovering. Once all of this information is available, then, and only then, can a value be estimated. I provide this estimate to my clients, in writing, before I attempt to settle their cases.

A. Your lawyer can advise you but it is your claim and your injury so you have to make the final decision of whether to settle or go to trial. Your lawyer’s experience can guide you in making your decision. He or she knows the chances of success at trial and how far below a full adequate settlement the insurance offer is.

A. Yes, the final decision to settle is yours alone. In my office, I will be the person with whom the insurance companies deal and to whom they make an offer on your claim, but a final decision for settlement cannot be made without your consent. You should understand, however, that sometimes filing a lawsuit is the only option when the insurance company offers an unfair settlement amount. It is necessary to sue to protect your rights to full and fair compensation. An experienced lawyer can calculate the value of your case so you will know whether the offer from the insurance company is adequate or not. Finally, it is well-documented that most lawsuits that are filed are settled before trial. Regardless, we prepare every case as if it might ultimately be decided by a jury. I believe in being prepared in the event an agreement between the parties cannot be reached. At the same time, my philosophy is to aggressively pursue a resolution of claims at all stages in the case, so that the process does not become unduly difficult, burdensome, or expensive for my clients, and so that I obtain the best results possible. Through constant preparation, I can negotiate from a position of strength, helping you get the maximum award for your injuries.