Articles Tagged with settlement mill

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Huntsville Car Accident LawyerDo 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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Alabama Accident & Injury LawyersI recently read an article which indicated almost 2/3 of all injured plaintiffs in mass tort cases were unhappy. That’s no surprise! Many of these individuals suffered very serious injuries only to be lost in a system that treats them like numbers rather than people. The article discusses a study by Georgia Law Professor Elizabeth Burch and Federal Judicial Center visiting scholar Margaret Williams.

What is a mass tort? I’ll use the ongoing Zantac injury claims as an example. Zantac was a drug distributed across the United States for many, many years. You could even buy Zantac without a prescription for many years. The claim is that Zantac is defective and causes cancer. You have a common product used by everyone. But, the injuries (cancer in this case) are unique. Every person suffers uniquely and individually. Our office has filed several Zantac personal injury claims. Each of our clients is unique and deserves individual attention.

How are these mass tort claims handled? Our Federal Courts will typically assign the cases to a single judge for pre-trial purposes like discovery. The idea is that it saves time and resources for a single judge to oversee all pre-trial issues. Once your individual claim is ready for trial, it will be transferred back to the Federal Court where you filed the case. You get a trial on your unique injuries and damages. At least, in theory, that’s how it is supposed to work. The process is called Multi-District Litigation (MDL).

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Advocacy-300x300Last week, I was speaking with a friend who is a local doctor. At one point, we started discussing carpal tunnel syndrome due to car accidents. While most people think repetitive activities when they think carpal tunnel syndrome, that’s not always the case.

I’ve had numerous clients suffer traumatic carpal tunnel syndrome from car accidents. Typically, these drivers were gripping the steering wheel when involved in a frontal impact. The impact force on their hands and arms causes injuries. I’ve developed medical testimony in several car accident injury cases related to carpal tunnel syndrome.

We were discussing various injuries that are often overlooked. Afterwards, my friend Dr. Eric Beck mentioned the issue in his blog. Since then, I have been thinking about the lawyers who sign-up a huge volume of car accident claims for quick settlement and how they often fail their clients by not looking at all the damages and injuries. I thought I would mention a couple ways these settlement mill accident lawyers fail their seriously injured clients.

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Injured-by-a-dangerous-drug-or-defective-medical-device-200x300On December 22, the 11th Circuit issued a new opinion dealing with the Learned Intermediary Doctrine under Georgia law. Many states, including Alabama, follow the same or similar versions of this doctrine. The Learned Intermediary Doctrine is a key issue in personal injury cases involving dangerous or defective prescription medications. If you suffered a serious injury from a bad drug, this legal doctrine may decide whether or not you can recover damages for your injuries.

What Is The LEARNED INTERMEDIARY DOCTRINE? How The Doctrine Impacts Bad Medication Cases.

So, what is the learned intermediary doctrine? Let’s start with the new 11th Circuit case, Hubbard v. Bayer Healthcare Pharmaceuticals. The case involved a Georgia lady who suffered a catastrophic stroke while taking the prescription contraceptive Beyaz. Later, she sued Bayer claiming the company failed to warn adequately of the stroke risk.

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Alabama Accident & Injury AttorneysI recently wrote a post titled How Settlement Mill Lawyers Harm Car Accident Victims:  You Hired A LAWYER But Did NOT Receive One. In that article I discussed a real problem with settlement mill law firms. At settlement mill law firms, all the work and attention is performed by staff members instead of lawyers. Injury victims think they are getting a lawyer but they are not.

After writing that article, I read a Florida case where this issue almost cost a client tremendously. What happened? A car accident victim hired a law firm. The firm gathered his medical records. The firm then sent a quick demand letter to the insurance company, State Farm. Because the injured client’s bills were substantial, the firm intended to demand the full policy limits of $100,000. Oops! Instead, the firm’s letter demanded only $10,000 to settle the case. Apparently, the lawyer never read the demand letter. In settlement mill law firms, a “legal assistant” or “case manager” often writes and communicates with the insurance company. Where is the lawyer? That’s a good question. Some settlement mill firms function like assembly lines handling a volume of cases. The work product is bad. If you are hurt, you deserve to have a lawyer working your case. When State Farm received the letter offering to accept $10,000 instead of $100,000, it quickly responded by accepting in writing.

What a potential disaster! What happened next? The parties had to litigate the issue through Florida’s courts. In the end, an appellate court in Florida saved the client by holding that no settlement contract existed because of the mistake. The injured person dodged a terrible result and salvaged his case. The law firm dodged a terrible result and a potential malpractice issue.

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Personal Injury Lawyer In HuntsvilleYou’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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Huntsville Car Accident LawyersI 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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Alabama Car Accident AttorneysIf 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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https://www.alabamainjurylawyer-blog.com/wp-content/uploads/sites/122/2020/06/Buyer-Beware-Read-The-Contract.-300x300.pngThrough 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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Last month, I published a post about a local DUI law firm that suddenly started advertising for personal injury and wrongful death cases. Suddenly, billboards for that firm appeared along major Huntsville area roads. I’ve written many times that I would never hire a billboard lawyer for a serious case. I’ve seen many skilled courtroom lawyers and legal scholars during the two decades I’ve practiced personal injury work. None of them advertise on billboards.

Attorney ads are everywhere. It’s simple – You pay a marketer. You pose for a photograph. You claim expertise. You can even purchase some fake awards to bolster your credentials. Most lawyers receive daily junk mail offers to sell them plaques. The opportunities to buy vanity awards are endless.

In my last post, I asked “What about websites?” I believe websites should provide good educational material for legal consumers. I think the purposes should be (1) to provide educational information; and, (2) to convey the authenticity of your business. That’s why I wrote the legal articles on my website. I’m sure my articles contain a few grammatical errors. Maybe a professional content writer would write them differently. When you hire a lawyer (or any other professional) it’s personal. We want consumers to know the real firm (the person they are actually hiring), not what a ghostwriter says. We also want to provide skilled information for people who need help. I write about areas of the law I’ve studied and practiced for years. I don’t write about other areas of the law where I lack expertise. Nor do I try to market for clients in those other specialties. I don’t think it’s right to do so. People with legal issues deserve better.

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