Showing posts with label accidents. Show all posts
Showing posts with label accidents. Show all posts

Sunday, September 27, 2009

TRICKY INSURANCE COMPANIES, MEANINGLESS LAWYER ADVERTISING AND FRIVILOUS LAWSUITS


Having been in the business for over twenty years, we are sick and tired of insurance companies taking advantage of injured victims before they have a chance to talk to a lawyer. For years, many insurance companies would tell accident victims not to talk to an attorney. In fact, they used fear to dissuade people from getting good advice.

Guess what? You may not need an attorney to represent you in your case. No one, however, should settle a case without understanding the “legal system.” Remember insurance companies are in business to make money for their owners and/or shareholders. They don’t care about you.

That adjuster just wants to close the file and get you to release all claims.

Here are some of the sleazy tactics insurance companies use just to wear you out and get you to go away.
1. Deliberate Delay—They know that often you are in a financial squeeze. Even if you have good health insurance, the fact that you aren’t working may make it difficult to pay co-pays, deductibles, transportation, etc. The insurance company knows you are getting dunned by the doctors, so they take their time with your claim. We have had elderly clients die waiting for their claims to be resolved (don’t think for one moment that some insurance companies don’t actually plan this). In a recent case, we dealt with an insurance company that delayed an delayed until our client died of colon cancer.
2. Requesting Unnecessary Information—Insurance companies will insist that you track down every little piece of information before “We can evaluate the claim.” Even if the information they are now asking for would not add a penny to their offer, they are happy to wait another six weeks for you to track it down. Meanwhile, they are earning interest on the money they are NOT paying you.
3. Disputing Medical Treatment—Even though I’ve never met an adjuster who went to medical school, they seem to know just what treatment is right for you! Usually, they “know” that you were over treated because “our computers say you should have been better by now.” Insurance companies frequently hire the same doctors over and over again to write negative reports about injured clients. Often the conclusions of these doctors are so preposterous, it makes our blood boil.
4. Nickel and Dime the Medical Charges—Think about it. IF they shave just 5% off your claim and can do that to the millions of claims made each year, they get richer.
5. Misrepresenting Insurance Benefits—This is a big one. They tell you there’s only $100,000 coverage. We file suit and “magically” find an umbrella policy! Many times in car accidents, the defendant has a homeowners or umbrella insurance policy that covers above their auto insurance.
6. Acting Like Your Friend and Making False Promises—Many insurance companies are lazy intentionally, and don’t actively seek to resolve claims until their insured is sued or the case is awaiting trial. Watch out for the adjuster who befriends you, shows up at your house and promises to pay your future medical bills. We know of one company that shows how they do this in television ads. This is a tactic to stop you from hiring a lawyer. They won’t come around your house once you have a lawyer. Those future medical bills? Well, they’ll pay them until their computer says “too much, too much, this claim is costing us too much.”
We wrote this report so you can become empowered. Knowledge arms and protects you from predatory insurance companies.
We were also sick and tired of outrageous lawyer advertising where lawyers with a reputation for handling hundreds of cases at a time make promises that can’t be kept or equate your injury to “cash, cash, cash.” Did you ever notice that almost all of the attorney ads in the yellow pages claim personal injury expertise? Many lawyers, who NEVER go to court, settle each case for pennies on the dollar. There are also attorneys who don’t have the knowledge of when to settle a claim and will recklessly take your case to trial. Experienced lawyers know when to settle a claim and when to go to trial. The insurance companies know who they are and so should you.

Finally, we are also tired of lawyers who file frivolous lawsuits because these claims hurt everyone by delaying real claims from getting to court. If you are looking for a lottery win, look elsewhere. If you are looking never to work again because someone tapped you from behind at a red light, look elsewhere. Our firm handles legitimate claims for legitimate claimants. No “quick cash for your pain” here. Sorry.

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.















Sunday, June 22, 2008

12 Bullet Proof Questions To Ask Your Accident Lawyer

This is the first post on behalf of my firm Goldstein & Bashner and I thought what better way to begin then to simply state what I believe every accident victim should know before hiring a lawyer. I wonder how I would look for a lawyer if I were in an accident. I guess I would ask my family and friends for a referral. As a comparison if I were looking for a specialist in broken bones or brain injuries I would begin with the family and friends. But what if they did not know anybody or if they did should I take their word and look no further. Would I look in the Yellow Pages for a specialist? I don't think so and I don't think anybody should approach a search for an accident lawyer in the same manner. In Long Island which is a suburb of New York the rules which regulate a lawyer's conduct when attempting to solicit an accident victim are very strict. Without getting into detail you should never hire an attorney who either approaches you at an accident scene or who somehow manages to get your telephone number and calls you within hours after your accident. Lawyers have been punished for this behavior and you should not communicate with anybody who calls you without your permission. When searching for the right accident lawyer my number one piece of advice would be to meet them in person. You can tell a lot about a person when you meet them face to face. From how they address you to how they dress themselves. In my firm( http:www.eglaw.com ) we spend a great deal of time at the initial consultation. We believe it is at this point that we learn a lot about the client and the client has an opportunity to learn about us. Most clients never seem to ask the right questions of the lawyer that may be handling their recent automobile, train or other accident which has caused them to be in this unfortunate position.

The following questions should always be asked of your potential accident lawyer and the answers you get are equally important:
  1. Has your firm had experience with my type of case?
  2. What is your initial opinion of my case?(Most lawyers have some feeling about the case although it may change along the way as more facts are known)
  3. What kind of support staff will assist you with my case?(Is this a one man/woman show with no paralegals and only an answering machine)
  4. Does your firm have the financial resources to spend on my case?(Look my firm has spent 20, 30,40 and even 50 thousand on some cases. Is this firm ready to spend?)
  5. Does your firm have trial lawyers that can try the case if it does not settle?(My firm has several experienced trial lawyers and even has a co-counsel relationship with the top trial firm in New York City. Has your potential lawyer tried any cases and if not who are the lawyers the trial lawyers he has a co-counsel relationship with. Ask for names)
  6. What is the firms policy on telephone calls from clients?(Don't be offended if the lawyer says he only takes planned phone calls unless its an emergency.Likewise you want to know if the lawyer will get back to you within 24-48 hours.)
  7. Does the firm concentrate in only one geographical area?(If his office is in New York City has he handled cases in Long Island )
  8. Does the firm understand the time limitations on my case?(Sure most lawyers will say they do but do they really?Cases against the City,County,Port Authority and the railroad have different time limitations)
  9. How will the firm advise me of the status of my case?(Will your potential lawyer notify you in writing or call you?How often will you be advised of the status?)
  10. How often will we meet in person?(I know it sounds crazy but some clients I have met have never seen their lawyer. This is a sin. If you have not seen your lawyer you are asking for trouble)
  11. What if you decide not to handle my case?(At my firm we tell you up front or as soon as possible if we are not going forward with your case and we will tell you why. If your lawyer continues with excuses and has not decided if he is proceeding with your claim get rid of him)
  12. Will you tell me the truth?(Sounds crazy but ask the question and look at your lawyer when he says "of course I will tell you the truth". Look at his face you will know)
In the end it may just be chemistry. Your potential lawyer may have all the right answers but something inside tells you that this is not the right person. Go with how you feel. Also, maybe the lawyer did not have all the perfect answers but you feel "right" about this attorney. You feel comfortable with him. This is key. Most if not all of my clients retain my firm not only because the right answers are there but the chemistry is right.Let me know how you feel and visit my site at http://www.eglaw.com/