Sunday, July 13, 2008

Worst Insurance Companies

No surprise here that Allstate tops the list of the Worst Insurers for Consumers. Among others listed are Farmers, Liberty Mutual, and State Farm. The report described in the news article confirms much of what I've said about insurers. Buyer beware.

Wisconsin Personal Injury Attorney

Friday, July 4, 2008

6 Signs That Your Personal Injury Lawyer Is Hurting Your Case


Our last blog discussed the 12 questions to ask your prospective new personal injury lawyer.This week I would like to discuss your relationship with your current personal injury lawyer.This relationship is essential to the success of your legal case and without the proper foundation and framework of your relationship your case will be doomed. Why? The same reason that a bad marriage or a bad relationship between business partners makes bad decisions. So here we go with with 12 signs that your lawyer is hurting your personal injury case.

Keep in mind that as the client you are the boss and you always have the right to discharge your lawyer for any reason,good or bad. Ok here we go:
1. No Phone Calls Returned- It seems like a no brainer but I cant tell you how many times I have met with clients who tell me that they have not spoken to their lawyer in years. I know that sounds crazy but it happens all the time. If this happens to you somethings wrong-loose the lawyer and hire somebody with some professional responsibility.
2. Your Case Is Taking Way Too Long- Now this is a hard one since many cases in New York seem to take forever. As the saying goes "The wheels of justice grind very slowly" and they grind even slower here in the Big Apple. But and its a big but you should always know where you case stands in the legal process. Sure the process can take time but your case should be timely moving from one stage to another. Of course, this requires an understanding of your case (some types of cases take longer than others), the county that your case is pending(Nassau and Suffolk maybe quicker than Brooklyn and The Bronx),who the parties are(defendants who are municipalities take much slower)and if the case is on Appeal. Bottom Line: Communication, Communication and more Communication. If your case has been on a "calendar" for years or your case is not "in court" and its been 5 years time to talk to another lawyer.
3.No Experts- Almost all cases require a medical expert and some require a liability expert. Medical experts are necessary to substantiate your injuries and a liability expert may be needed to show that the defendant was responsible for the accident. Most importantly if you do not hire an expert if your case goes to trial you going to have a very tough case. In fact your case can be dismissed. Ask your lawyer who the experts are and if you are getting the run around then a light bulb should be going off. Experts are very expensive particularly here in Long Island and the cost can be anywhere from $5,000.00 to $10,000.00 and even higher. Maybe your lawyer does not have the money. Maybe your lawyer does not want to spend the money. Either way you need to know this.
4.Who is working on your case?- Look I understand that a firm can have many lawyers, paralegals and other support staff working on many cases. I used to be part of that type of firm. But is there a person(and it should be a lawyer)who is thoroughly familiar with your case? Is there somebody who knows exactly what the status of your case is and can say it without running around trying to get the information. Another words, is there somebody who knows who you are and what your case is about. Too often and I must say mostly in large firms(although some large firms handle their cases well and some small firms screw this up)there is a tendency to "forget"about the particulars of a case. Don't let this happen to you!
5.Your lawyer is "The Jack of All Trades"- I still am amazed at how some lawyers can handle it all. Yes my firm concentrates in personal injury cases which can be construction, trip and fall, railroad, and car accident related. We will not handle criminal, real estate, immigration,or anything else thats not personal injury related. Look at the Yellow Pages. How many lawyers list everything they can handle?I think its impossible. If your lawyer handles it all be careful that he is paying attention to your case. Personal Injury Law changes all the time. Its hard to keep up with all the changing laws when you are working on 2 real estate closings and have to go to traffic court to defend somebody. On Long Island it is common to find lawyers who do it all.We have had client come in with screwed up cases because the criminal lawyer did not know the who to sue on a construction accident claim. Stay on top of the Lawyer who does it all.
6.Your Case Was Dismissed- Yes it happens and it can without you knowing. I have seen it and its not pretty. Look, good lawyers can loose cases. Good lawyers have cases dismissed. Generally, its because your case did not meet some definition of what it claimed to be. Another words it was not a case. Thats ok. What's not ok is when your case is dismissed because your lawyer did not comply with a Court Order or your lawyer missed a deadline. During the course of your case if you suspect that your case is either not moving at a reasonable pace and your lawyer is avoiding you take a trip to the Courthouse. Most Courts have records online and all have open access in the courthouse. Go lookup your case and see whats going on. Does it match up with what your lawyer is telling you?If not its time time to get some new advice.