Articles Tagged with settlement

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meeting-room-10270_1920-300x225I started to title this post Four Reasons Why Personal Injury Mediations Fail (And One Reason Why They Should Fail). That title is too long. So, I’ll primarily address four reasons why personal injury mediations do NOT succeed. Then, I’ll end with some commentary about an occasion when mediations should fail.

Our law firm philosophy is clear. We prepare all cases for trial. We believe preparation leads to better long-term results both at trial and settlement. When we survey all the lawyers mass-advertising on billboards, television and radio, it is clear many attorneys view matters differently. Those mass-advertising lawyers are usually about quantity rather than quality. That’s a sad commentary on our profession.

Let me return to my discussion of personal injury mediations. What are some reasons why a personal injury mediation may fail? Here are four:

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497364007_b28f03366a_z-300x225The lawyer appears and asks for your case. His ads are simple — Smile. Act Confident. Tell Viewers To Call. In his advertisements, one local Huntsville lawyer claims, “we have the lawyer to fix your problem.” Does he? Can he fix all your problems?

The advertising lawyer wants your case. That much is true. Yet, his law firm website (in the fine print) discloses a little more truth he hopes you won’t notice. While his firm takes personal injury clients, they refer the serious ones to outside lawyers for work. That begs the question — Why advertise for cases you don’t really handle through trial and appeal? The answer is simple. For firms who simply sign up cases, it’s not about the client or the case. If the lawyer cared about the client or the case, he or she would not be asking for cases they really did not handle. He would not claim expertise in every legal area possible. No, the answer comes down to fee (money). The smiling advertising lawyer wants the case to get a quick settlement or referral fee. Often, that is NOT in your best interest. And, he hopes you don’t know that.

If you are the injury victim who needs a lawyer, this can be a bad deal for you. Here are four ways it can be a bad deal for you:

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Blackwell Law Firm - Huntsville Personal InjuryDo Alabama hospitals treat accident victims differently? The short answer is, YES. If you are an accident victim, you can pay the price for the hospital’s actions. An article published earlier this year in another state tells the story. That story is titled “Man says hospital went after car crash settlement instead of insurance.” That story leads with the following:

You can’t tell the difference in the emergency room. It happens when the hospital is ready to collect its money.

Many of us have some type of health coverage. Blue Cross. Medicare. Tricare. United Health. You assume the hospital will first submit the bill to your health coverage provider. After all, you paid for the coverage. The hospital may even have a contract with your health provider requiring it to submit the bill. Yet, hospitals often treat accident victims differently.

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courtroom-898931_1920-300x226I know — Lawyer advertisements are everywhere. Billboards. Television. Youtube. Those advertising lawyers all try to project confidence while asking for your case. “We got this” says a local Huntsville lawyer with new billboards and a Youtube video. In fact, this Huntsville lawyer who tells you he has your situation handled really intends to refer the serious injury cases to outside trial lawyers. Ask him about his deal with an outside law firm. What does he really have handled? A quick settlement or a referral fee.

Why am I discussing this topic? Well, I was recently sitting in a Morgan County courtroom. My client’s injury case was set for trial. We were present and ready. As I looked around the courtroom, one thing was obvious. That was — Not a single one of the lawyers I see smiling from billboards was present. In fact, not a single one of those billboard (or Youtube or television) lawyers had any cases on the docket. I did see some really good lawyers in the room. But, those good lawyers were NOT on billboards.

We’ve all seen the commercials. In fact, some of these advertising lawyers even record their ads with a courtroom backdrop. If that’s not laughable, I don’t know what is. You don’t see those lawyers anywhere near a courthouse or deposition because they work on volume. They want your case. They intend to settle as soon as possible. Insurance companies love settlement mill lawyers because they can settle cases with them for a fraction of their value. It’s a shameful practice that diminishes my profession.

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Years ago, an engineer friend of mine served on a jury in a personal injury case. Later, he told me that during the entire process he (and several other jurors) believed information was not being provided them. They were right. Sometimes evidence is not admitted at trial and not seen by the jury. Our evidence rules are designed to prevent evidence that is not relevant or too prejudicial from being considered. But, sometimes the same rules also prevent the jury from hearing evidence needed to tell the full story.

If you have been hurt and need a lawyer, you need one with trial experience. Procedural and evidentiary rules can be complex. Your lawyer needs to know the rules and how to apply them quickly in trial situations. Unfortunately, many of the lawyers now advertising for automobile accident cases do not go to court. Some have never been to trial. They would not know how to argue a case effectively in a courtroom. Insurance companies know which lawyers will go to trial and it impacts the settlement offered you. When hiring a lawyer, you should absolutely ask questions about real trial experience.

What is one big issue kept secret from the jury? At trial, the jury is never told that the defendant actually has insurance. The rules in Alabama, and many other jurisdictions, forbid the jury from being informed about the defendant’s insurance coverage.

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A National Highway Traffic Safety Administration (NHTSA) study places the annual cost of automobile crashes at $871 Billion. That’s a figure so large, it’s almost unimaginable. Although huge, this money is nothing compared to the suffering and loss of life from car crashes. As the U.S. Transportation Secretary said:

No amount of money can replace the life of a loved one, or stem the suffering associated with motor vehicle crashes.

The NHTSA study recorded some 32,999 highway deaths and 3.9 Million injuries in just one year. According to the study, just three driver behaviors accounted for over half of all automobile accident costs. These bad driver behaviors and my comments on each are:

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We’ve all seen the advertisements. We’ve all heard the catchy jingles. The ads promise lots of money, quick settlements, huge recoveries or fast checks. Yet, the results often leave clients without justice and without full recovery. While promises are made to get the cases, most of these lawyers fail to help their clients to the fullest.

I’ve written about personal injury and workers’ compensation settlement mills previously. Good attorneys rarely make promises of huge settlements or quick recoveries. That’s because good attorneys know the best results come with hard work, preparation and a constant study of trial practices. And, unlike most television attorneys, good lawyers have actually seen the inside of a courtroom. If you are seeking legal counsel after suffering an injury, you should always ask potential attorneys whether they have actually tried (and will try) a case. The insurance companies know which lawyers will go to trial. It can make a big difference for your recovery.

Settlement mills are interested in case volumes. They are not interested in individual justice. They are certainly not interested in fighting to get you maximum compensation. Over the years, I’ve received many phone calls from individuals who hired a settlement mill attorney and were left without justice. What are some of the ways volume settlement mill attorneys fail their injured clients?

  • They do not advise their clients concerning proper medical treatment.
  • They do not warn their clients against signing insurance company releases or giving interviews to insurance adjusters. Sometimes, these settlement mill attorneys even agree to insurance company requests just to get a quick (even if too low) settlement.
  • They do not defend clients against false denials of claims by insurance companies.
  • They do not research or investigate difficult injuries suffered by clients.
  • They do not aggressively represent clients.
  • They do not file cases or take cases to trial when settlement offers are unfair.
  • They do not advise or help clients with often complex issues of health insurance subrogation or reimbursement after case settlement. Good attorneys can often save clients tremendous amounts of money by helping with these issues. Yet, settlement mill attorneys often pay the full claims from the settlement proceeds without advocating for their clients.

Justice is always personal. Settlement mills that treat people as parts on an assembly line leave us all short of justice. If you have suffered a significant injury, you and your family deserve better. Continue reading →