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Published on: January 9, 2023

Is That Lawyer Really A Mass Tort Lawyer? Does He Really Intend To Represent You?

Television! Radio! Social Media! You cannot escape the ads for mass torts. Have you been injured by . . . [insert drug or device]. These are serious claims. Every year, many people are injured by dangerous products or drugs. They are also difficult claims to prepare in court. So, why are lawyers asking for your case if they really are not going to prepare your case in court? Why advertise for anything simply to refer it for a cut of the case???

I’m not writing to criticize lawyers who actually work these cases. The real problem are lawyers thinking first of volume fees instead of maximizing individual damages.

I’m not alone in my thinking. A 2021 study revealed almost 2/3 of plaintiffs in mass tort cases were unhappy with their lawyers. Think about that! I receive calls constantly from people unhappy with the large volume firm handling their case. Many of these people are the victim of someone marketing for their case simply to refer it to a large firm elsewhere for part of the fee. While 2/3 of the plaintiffs were unhappy, I would add that a lot of other plaintiffs unknowingly received less than they should have in settlement due to this arrangement. To me, that’s the biggest problem — Volume operations that don’t prepare each individual case for its maximum value.

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Published on: January 3, 2023

Why Did The Adjuster Disregard Some Of The Medical Bills From My Car Accident?

By Jeff Blackwell

Crash! A negligent driver just crashed into your car. In an instant everything changes. If you were injured in a car accident, the weeks and months after the accident can be a blur of doctor appointments and medical bills. Medical visits. Medical bills. Missed work. It can be overwhelming. I get it. I read and summarize medical records for my clients on a daily basis.

The last thing you expect is for the other driver’s insurance adjuster to simply disregard some of your medical bills. Yet, that’s what adjusters do every day. How do you prevent the adjuster from disregarding or discounting important medical costs? You need to seek skilled legal counsel who is willing to file your case and prepare the claim for court. First, you need to understand some of the big reasons why adjusters ignore or disregard some of your medical bills. That’s the topic for today. Why is the adjuster ignoring or discounting my medical bills? Here are two big reasons.

The Adjuster Claims Some Treatment Is NOT Related To The Car Accident

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Published on: October 11, 2021

Should I Let A Lawyer Send Me To “His” Chiropractor Or Doctor?

By Jeff Blackwell

Do you have a referral arrangement with a specific chiropractor or doctor? It’s a question some callers ask. The answer is, NO. If you suffered a serious car accident injury, the worst thing you can do is hire a lawyer who has a secret referral relationship with a specific chiropractor or doctor. In a recent video, Virginia lawyer Ben Glass says these secret relationships are “the kiss of death for your case.”

We’ve all heard the television commercials! We’ve all seen the billboards! Please call, the lawyer begs. These are settlement mill lawyers. They are operating an assembly line process. Sign the client. Refer the client to a special chiropractor. Inflate the medical charges. Make a settlement demand on the insurance company. Take what you can get. (Take what “little” you can get.). That assembly line process fails clients who are truly injured. It benefits only the lawyer and his chosen clinic. That’s wrong.

The settlement mill lawyers all over television and billboards do not want you to know the truth. They are running a sham that hurts already injured people a second time.

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Published on: May 10, 2021

Would You Keep That Work Comp Attorney?

By Jeff Blackwell

“He left a voice message yelling at me!” That’s how one injured worker’s story began. “He acted like a jerk.” The worker continued to describe how he suffered a bad lifting injury to his lower back at work. He required surgery. He now suffers chronic pain and limitations. He could not return to work.

Why did his lawyer leave a nasty voice message for him? It comes down to this — The lawyer wanted him to accept a quick settlement. The problem — That settlement was totally unfair and would have left the disabled worker in worse shape a year or two from now.

The guy needed a lawyer who would prepare his case. He needed a lawyer who would discuss how Alabama work comp benefits are calculated, who would develop the medical evidence, and who would prepare the case for the best possible trial. He needed a lawyer in his corner!

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Published on: April 19, 2021

Four Simple Reasons Why An Alabama Personal Injury Law Firm May Reject Your Car Accident Case

By Jeff Blackwell

Another driver crashed into you. You are hurt and need help. Maybe you tried to deal with the adjuster yourself but have become frustrated! Maybe the adjuster made promises but now won’t return your phone calls. Should you consult a car accident attorney? I’ve written about that issue previously. If your injuries are minor (nothing beyond the ER) and the other driver is clearly at-fault, you can often settle those claims without a lawyer and save yourself money. The billboard and television lawyers begging for you to call will never tell you that. But, then again, those lawyers leave many clients with nothing in the end. If your injuries are significant (more than just a visit to the emergency room) or liability is disputed, a good lawyer can often make a big difference.

I’ve written several articles on this blog providing tips to help you in choosing the right Alabama personal injury attorney for your case. I won’t rehash all of them in this post. If you want some tips, search my archives.

If you suffered serious injuries, a good car accident attorney may be able to significantly increase the value of your case. If you required treatment beyond the emergency room, missed time at work or suffered a lingering injury, you should definitely talk with a skilled attorney. By skilled, I mean a lawyer who regularly prepares these cases for trial — Not the attorneys you see on billboards or the attorneys who handle everything.

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Published on: January 11, 2021

When An Advertising Lawyer Pulls A Bait And Switch

By Jeff Blackwell

Credibility. It’s one of the biggest failures in the legal field. What is a leading cause of this credibility problem? Bad lawyer advertising! Lawyer ads are everywhere. They are overwhelming. They are almost all terrible.

Instead of authenticity, too many lawyers will say or publish anything to sign clients. From fast cash promises to fake blogs to ghostwritten content, lawyer marketing is terrible. Some lawyers even chase clients and cases in legal areas they really do not handle. That’s a terrible practice and terrible insult to the legal profession. Our friends and neighbors deserve better.

If you’ve watched any television, you’ve seen the onslaught of bad lawyer commercials. Have you taken this drug? Call me! Have you been in a car wreck? Call me! Many of these advertising lawyers have never even seen the inside of a courtroom. They do not try cases. They are not going to work your case for maximum value. Some of these advertising lawyers do not even have an office in Alabama.

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Published on: September 14, 2020

How Settlement Mill Lawyers Harm Car Accident Victims: You Hired A LAWYER But Did NOT Receive One

By Jeff Blackwell

You’ve seen and heard all the lawyer promises. From billboards to television, they ask you to call. Some of them even yell their requests. It’s really a terrible way to find a good personal injury lawyer. Instead, you should research your options. Talk to people you trust. Look for an attorney who will work hard to prepare your case.

For the last few weeks, I’ve been discussing several ways settlement mill law firms harm their clients. Settlement mills are those law firms that mass advertise for a volume of cases that can be quickly settled. For them, it’s not about the client relationship. It’s not about building a case for its maximum value and recovery. It’s all about volume.

In recent posts, I discussed the secret arrangements many advertising lawyers have with a specific chiropractor. Like an assembly line, clients are referred to a specific chiropractor who runs up medical bills. In the end, the client suffers. How? These clients do not get the real treatment needed. And, at the end of the case, they are left paying their settlement money to the chiropractor. I’m not attacking all chiropractors or lawyers – just the ones involved in this terrible practice.

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Published on: September 8, 2020

How Settlement Mill Lawyers Harm Car Accident Victims: Clients With Good Cases Are Rejected

By Jeff Blackwell

I know. You are probably asking why a lawyer would reject a good case. But, many settlement mill lawyers do reject good cases. Why? These settlement mill lawyers are NOT willing to go to court. Sometimes, good cases require you to file a lawsuit. Sometimes, good cases require a little work.

We believe in case preparation. And, we believe in going to court when needed for our clients. We believe hard work builds the best results for our injured clients.

In recent weeks, I’ve written several posts discussing ways billboard settlement mill lawyers harm their injured clients. During the over two decades I’ve practiced personal injury law, I’ve received countless phone calls from people who have been victimized by a settlement mill lawyer. We have many excellent lawyers in our community. They have also seen and heard many horror stories of the harm caused by the few settlement mill lawyers smiling from billboards and televisions.

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Published on: August 24, 2020

How Settlement Mill Lawyers Harm Car Accident Victims: Secret Deals With Chiropractors

By Jeff Blackwell

If you’ve read my prior articles, you know my opinion — Billboard lawyers often harm their personal injury clients. As lawyers, our job is to help our clients. We should put first our clients’ interests. Yet, many billboard lawyers help themselves at their clients’ expense.

How do settlement mill lawyers smiling from billboards harm their personal injury clients? Over the coming weeks, I’m going to write posts discussing several ways these advertising lawyers often harm their injured clients. Today, I’ll talk about the sweetheart arrangements many of these settlement mill lawyers have with a specific chiropractor to profit from your injuries.

Here’s how the sweetheart deal between the billboard lawyer and a specific chiropractor works. You suffer a car accident injury and call the billboard lawyer. You probably don’t meet with the actual billboard lawyer. That’s a different issue we’ll discuss in a later post. You probably meet with an “investigator,” “runner” or other staff member. Once you sign the contract, the billboard lawyer wants you to see a specific chiropractor. His chiropractor. That chiropractor will then run-up the charges for your visits. The billboard lawyer will use these exorbitant charges to try and negotiate a deal with the insurance company to settle your claim. It’s an assembly line process designed so the billboard lawyer spends as little time as possible working on your file. That billboard lawyer simply wants to make a few phone calls. And, in many volume law firms, a staff member is actually making the calls. You get zero service from the lawyer.

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Published on: June 8, 2020

Wait! What Did The Lawyer Ask You To Sign?

By Jeff Blackwell

Through the years, we have handled many Alabama personal injury claims where the client initially hired another lawyer. Many of the lawyers smiling from billboards and television will NOT work on their cases. Many of these advertising lawyers will NOT go to trial. So, it’s not unusual for people to hire a billboard lawyer and later need another attorney. Many of the dedicated trial lawyers I know will tell you the same thing — They frequently review cases mishandled by billboard lawyers.

We recently reviewed a workers’ compensation case in Athens where the injured person started with one of these advertising lawyers. She hired the lawyers. When they realized her case might require some actual courtroom work, they let her go. I guess I should more accurately say they tried to talk her into settling for peanuts then let her go when she refused. We reviewed her file. When we looked at her contingent fee contract with these billboard lawyers, we saw that it contained a $500 administrative fee. What? That’s outrageous.

Why were these billboard lawyers charging an administrative fee? The contract did not say. The truth — It was simply another way to gouge their client without giving good service. Do you really think the firm was going to incur $500 of telephone and postage costs in a local work comp case? Maybe they were trying to recoup the costs of their billboards? Regardless, they were already charging the customary contingency fee for handling these cases.

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