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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)

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.

About the author:
For over 30 years Dan Baldyga was a claims adjuster, supervisor, manager and also a trial assisstant. He is now retired and spends his time attempting to assist those involved in motor vehicle accident claims so they will not be taken advantage of. Mail to: dbpaw@comcast.net.

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 Personal Injury Lawyer - Do We Need Them?
 by: Mumtaz Shah

Following an accident you'll hear a person say that they don't need to see a personal injury lawyer, TOO expensive! In this article we will set out for you some reasons why NOT seeking, at minimum, a consultation with an accident lawyer could end up costing you a lot of money!

More often than not, regardless of whether you caused the accident or are its victim, if you do not seek a consultation with an accident lawyer as soon as possible after the accident you may well end up regretting your decision. The overriding reasons for saying this are two-fold:

• the insurance company you will be making your claim against are trying to minimise their losses; and

• you most probably don't know what you're entitled to.

As A Victim Of An Accident

Let's assume you are the victim of an unfortunate accident. Let's further assume that your insurance company has come through and has agreed to pay all your medical bills. Now, you may well be feeling that your insurance company are the good guys and you don't need a lawyer's advice. Wrong!

What's happened is nothing less than what the insurance company is obligated to do under the terms and conditions of your accident policy. Moreover, the insurance company is hoping to play on the fact that you feel somewhat indebted to their generosity.

Profitability

That way, they hope, you'll not bring about a bigger claim for what you are rightly entitled to. In the long run that means that they don't have quiet as big an insurance claim loss and they can still make a profit from your policy.

In short, they are protecting their financial wellbeing at the cost of your entitlement rights. But, unless you have spoken to a personal injury lawyer you'll not know this and you'll feel that everything is fine.

So, the next time you are in an car accident or accident, ask yourself this question: 'Is my insurance company interested in protecting me and my rights, or are they more concerned with paying a dividend to their shareholders?'

Non-Profitability

On the other hand, a professional compensation lawyer is normally an ethical impartial third party who knows what your rights are. Aside from possibly being paid a fee, not from or by you, he's also likely to have another job to help a victim better than its' insurance company, (and, keep in mind, if any court proceedings occur, these fees are reclaimed from the opponent side).

So, why shouldn't they tell you the truth about what accident compensation you are entitled to? What's more, even if he does have a financial interest in your case, surely the better compensated you are, the better compensated he is?

As such, if anything, he has even more interest in making sure that you know exactly what your rights are and of making sure that you claim for those rights according to what you are entitled to.

Looked at it like this, it not too difficult to see who the interested party is and who the independent party is. Now ask yourself: 'Do you want to take advice from someone who is interested in minimising your claim, or someone who is interested in maximising it?'

Cause Of An Accident

Now let's look at it from the point of view of, you being the person at fault in the accident. You may well feel that you have nothing to fear, as your insurance company will pay for the damage done. You may even find that initially your insurance company agrees with this. But why...?

Unless you see an accident lawyer as soon as possible after the accident you'll never know. Why? Are you 100% sure that it was your fault...?

Being Polite

The insurance company has to be polite, you're their customer! However, once the claim is over and you're thrilled with their service, you're definitely going to renew your policy. But the extra couple of hundred they ask for will justify the accident? 'Sir/ma'am, you had an accident and your premium has increased!'

Knowing exactly what your rights or obligations are after an accident can be extremely tricky. In most cases it will depend on what happened to cause the accident in the first place.

As such, seeking the advice of a compensation lawyer as soon as you can following an personal injury is the only independent way you can really determine and know exactly what you are entitled to or what you may be liable for arising from the accident.


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