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Finding The Right Lawyer To Represent You
 by: Dan Baldyga

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)

Lawyers And Their Fees

Every individual who violates the personal or property rights of another is financially responsible for the damages cause by his or her act. To collect money for this civil wrong there must be damages or injury; without one or both, there can be no recovery of money.

If you have a claim that has a complicated set of circumstances or evidence, one which obviously demands legal advice, than you need a lawyer.

If you hired Attorney I. M. Sharp and he had to burn the midnight oil for you and/or even win your case, there can be no objection to his collecting his fee. But, far too often, in cases of a completely uncontestable claim, one finds themselves handing over a huge percentage of that recover to a lawyer for doing minus-zip!

I’m referring to the average motor vehicle accident case, one where it’s absolutely clear that the other individual, “Fumbling” Fred Fuddle, is clearly at fault. Attorney Sharp sends out his routine Letter Of Representation to Fuddle‘s carrier THE GRANITE MOUNTAIN INSURANCE CORPORATION, secures the Medical Bills and Reports from your “Ole” Doc’ Comfort, and procures a Police Report, if one is available. Then, for less than two dollars worth of stamps and an hour spent on negotiations Sharp (depending upon where you live) extracts a fee of between 331/3/% to 50% in settlement.

For example, say Attorney Sharp settles a case for $3,000, and then takes a fee of 1/3 of that $3000. It doesn’t take a degree in mathematics to figure out that you’re paying him $1,000 for what is usually - - less than a few hours work.

After you’ve paid Attorney Sharp’s fee, along with your medical bills to Doc Comfort, and after deducting the money recovered from the time lost from work out of that $3000 settlement, the bottom-line monetary compensation to you has been plundered !

IN THEORY, the money you have left, after deducting these expenses, is your Financial Reward for the “Pain and Suffering” you‘ve been forced to endure. But with the naive signing on with a lawyer (to settle a claim that’s clearly not your fault) you’re left with a feeling of decimation because you’ve definitely not been left with what you deserved for the physical and emotional ordeal you’ve been forced to deal with.

When Attorney Sharp settles your claim he doesn’t deduct your out-of-pocket expenses before he takes his fee. Instead, he takes his fee “Right Off The Top” where the cream floats. Then, with what’s left, your out-of-pocket expenses are paid.

FOR EXAMPLE: The damage to your Motor Vehicle is $1,500, your Medical Bills are $400, and your Lost Wages are $600, for a total of $2,500. Even in a case of Clear Liability, the lawyer not only takes a one-third cut from the “Pain and Suffering” portion of the settlement, he also takes a third of your out-of-pocket expenses !

Now, think it out: Your Property Damage was $1,500, Your Medical Bills $400 and your Lost Wages $600 came to a total of $2,500. Then you’re paid $3000 for your “Pain and Suffering” so the total settlement is $5,500.

In a perfect world, in a case of clear liability, Attorney Sharp’s fee should have been taken from the $3000 you were paid for your “Pain and Suffering”. If he did, his fee would have been 1/3 of $3000 or $1,000. But, without fail, Sharp will take his 1/3 of the grand total of $5,500, bringing his fee to $1,833.33. That’s outrageously unfair because, in a case of clear liability, GRANITE MOUNTAIN would have paid you your out-of-pocket expenses of $2,500, - - whether you had a lawyer representing you or not !

ALWAYS REMEMBER: When you handle your own case (should you and GRANITE MOUNTAIN later disagree as to the value of your claim) there’s a Time Limit established at which you can break off your negotiations and then proceed to obtain the services of Attorney Sharp. This time limit is called a “STATUTE OF LIMITATIONS“ it’s never less than a year and in most cases it’s two or three; some states provide you with this kind of protection for as long as five or six years. To be sure you must check out how much time you have to fuss with Fuddle’s insurance company before you hand your case to a lawyer to handle for you.

Copyright (c) 2003 by Daniel G. Baldyga. All rights Reserved

DISCLAIMER: 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.

Disclaimer: This website should not be misconstrued as legal advice.  We are offering and organizing public information, as a public service, solely for educational purposes.  Should you want to investigate your legal rights individually or obtain legal advice, please contact a licensed attorney, or the attorney general of your state.