Dealing with the Aftermath by Jason & Debi Chalik - HTML preview

MISTAKE # 5 :

Hire the Wrong Lawyer, Fail to be Honest with Your Attorney, and Exaggerate your Injuries or Damages

Who’s the “right lawyer” to handle your  automobile accident claim?

Do you want an attorney whose Yellow Pages or billboard ad offers a laundry list of services, like divorce, accidents, personal injury, real estate, bankruptcy or more?

Or do you want an attorney whose expertise and law practice is focused exclusively on  automobile accidents & personal injury?

The answer should be obvious.

The attorney experienced in accident and personal injury matters typically is more skilled than a legal generalist. His or her focus is on accidents and personal injury. The attorney is regularly working with insurance companies, opposing lawyers and others —gaining constant insight into changing laws and legal trends that can benefit your case. Experienced attorneys often have worked with opposing counsel and know their tactics. They know many of the judges who may preside over your case.

Can a “generalist” who handles bankruptcy today or divorce tomorrow effectively handle your accident case when the time comes and you need those skills most? It’s a gamble.

Moreover, a  personal injury and accident attorney knows the true value of your accident claim, and is aware of the tricks insurance companies use to keep settlement offers low—and reduce the money you collect.

Beyond the court, judges, opposing counsel and tricks that insurance companies may use, what more should you look for in an attorney? You want an attorney who…

• YOU FEEL COMFORTABLE WITH. During your initial, free consultation, were you able to establish a rapport? Did he or she openly discuss your case and situation? Did you feel a bond of trust growing? This is important. Accident cases can be settled quickly, or they can go on for months or even years. More than trusting your attorney, you have to build a bond that can withstand the ups and downs of a prolonged case.
• HAS EXPERIENCE IN TRIAL AND APPELLATE LAW.  A win at trial in your county doesn’t mean your case necessarily is over. Depending on the damages assessed by the judge or jury, the insurance company may appeal. Some attorneys hand appeals off to other attorneys or firms who’ve handled appeals in the past. This will be an attorney you don’t know—and certainly have no relation-ship with. His or her learning curve starts all over again. You and the attorney will invest hours bringing the new firm up to speed on your case—all time and money that eventually will come out of your settlement. You want an  attorney experienced in handing the initial case and experienced in the appellate court. This way, should your case be appealed, you already have a bond with the attorney handling the case.
• PASSES YOUR OWN “due diligence.” When you want to do work on your home, you usually don’t hire the first general contractor or company that you call. You first get referrals and references and do some research.

You ask around. You search the Internet for mentions of the company. The same is true for hiring an attorney.

Aside from asking close and trusted friends whom they would recommend, you could also visit the Florida Bar Association’s website, www.floridabar.org, for information regarding attorneys in your area.

Once you have done your research, schedule an interview. Be keen to the attorney’s experience, referrals, and his or her rapport with you. During this interview, are you comfortable? Do you have the attorney’s attention while you’re there? Will he or she be handling your case personally, or will the case be handed off to an associate whom you likely will never meet?

Moreover, hiring an experienced attorney creates an aura of power. It tells the insurance company that you’re serious about your case. It shows that you intend to “go the distance” and take your case to trial—and through the appeals process, if necessary. Insurance companies and their attorneys know most trial lawyers who focus on insurance matters. If he or she is experienced, your attorney will be known in legal and insurance circles, improving your chances of success with the very first phone call or correspondence with the insurance company.

All this can help maximize the value of your case, improve your chances of success, and can even expedite the settlement or trial process. Simply put, insurance companies want short trials or cases, and are more willing to settle when they know you are serious, and your attorney has a history of success.

FAIL TO BE HONEST WITH YOUR ATTORNEY

Rapport is a two-way street. Inasmuch as you’re looking for an attorney you can rely upon to handle your case professionally and successfully, reputable attorneys seek clients they also can trust.

That’s why it’s important that you’re honest with your attorney and provide every possible detail about your case. You must keep accurate notes about your accident and medical history; only you can provide the attorney the details needed to successfully argue your case.

Using your notes, photographs and other evidence you have collected, tell him or her exactly what happened; don’t bend the truth in an effort to get more money. An experienced attorney will know exactly how much your claim is worth, and will work with you to get every cent to which you’re entitled.

Have you been in accidents before? Do you have numerous tickets? Even if the accident wasn’t your fault, does your driving record make you seem like a habitual offender, unsafe, accident prone, or a target of aggressive examination or questioning by opposing counsel during a deposition or at trial?

What happened before might seem like nothing to you. But to the insurance company—and your own attorney—your history is critical. In fact, it’s an open book. Driving records are part of an extensive electronic database kept by the state Department of Motor Vehicles, insurance companies, and even third-party companies that collect and sell your information. If you have had tickets or been involved in accidents—even those that weren’t your fault— it’s likely that information is in a database with your name on it.

Be honest and forthright. Tell your attorney about your history— before learning it from his or her own research or from the insurance company.

DON’T EXAGGERATE YOUR INJURIES OR DAMAGES

As we noted previously, it’s ill -advised and could be criminal to exaggerate your injuries or damages in order to get more money from the insurance company. This is true for several reasons.

First, insurance fraud is a felony. Exaggerating claims, making false statements, or claiming you have injuries or suffered damages that don’t exist is a serious crime. If discovered and you’re found guilty, the judge could impose fines or jail time. It’s not worth it.

Second, smart insurance companies have seen your type of accident before. While every accident and possible injury is unique, the circumstances surrounding accidents—speed, vehicle types, trajectory and potential damage done to the vehicles and their occupants—generally fall into various categories of outcomes. Aside from accident results, insurance companies work closely with vehicular and medical research firms that stage or recreate accidents as part of ongoing research efforts. These statistics help them determine various scenarios that could apply to your case—and their defense against it.

Third, an experienced attorney has seen this type of accident before, too. Unlike divorce or bankruptcy attorneys, automobile accident and personal injury attorneys have seen the results of countless accidents. They’ve seen the aftermath—from vehicular damage to personal injuries. They know the outcomes, and how to work the court system to present the best case.

THE TAKEAWAY: Hiring the wrong attorney, being dishonest, or exaggerating your injuries or damages doesn’t help your claim.