Injuryboard Commentary - Legal Questions

Why Is The Insurance Company So Friendly To Me?

Mike Bryant — Sun, 25 Oct 2009 11:39:01 GMT

Why is that insurance adjuster being so nice to me? This may be the easiest question we have ever answered here at the InjuryBoard. Maybe the insurer wants to take care of you. Maybe they want you to fully recover for all of your damages. Maybe they have your best interests at heart, even if it cost their insurance company more. Maybe not.

Despite what my fellow InjuryBoard blog pack members have been writing, it often seems like the insurance company is looking out for you. Otherwise, why would so many people spend so much time dealing with the adjusters themselves? Why wouldn't people take advantage of free consultations with experienced lawyers like Devon Glass, Wayne Parsons, Steve Lombardi , Pierce Egerton, Rick Shapiro and myself, Mike Bryant, that have dealt with so many of these cases? People must believe that the insurance companies are really working for them. Are they right?

Wait. Stop. Think. Do you really think a multi-billion dollar insurance company has your best interest at heart? Insurance companies’ profits depend on taking in more in premiums and investments than goes out in payments. The insurance company only benefits if they pay out less.

Maybe they're trained to be nice to keep you from going to a lawyer because they know that will cost them a lot. Maybe it's that the adjusters really know what to say:

- Are they giving legal advice?

- Are they trained to convince people that they really are getting good deals?

- Are they just plain old lying to people?

It's illegal in most states for the insurer to tell you not to go to a lawyer. But it's not illegal to be nice, to pretend they have your best interests at heart.

Many insurers even have a whole different set of adjusters that deal with people who don't have lawyers. 'Unwrapped Units' are trained to deal with these folks, using special training to try to keep people happy. If they get smart and hire a lawyer, their case gets switched to a 'wrapped unit'.

It's amazing how many times we look at these offers and they are woefully inadequate. Occasionally, we see fair offers and we tell people that. We've even had cases where we help them make sure that the health insurance subrogation interests are dealt with and that all of the coverages have been found. If it's a good deal, or even close to a good deal, we tell them.

The reality is that you can hire someone that is on your side and who works for you or you can hope they don't rip you off too much. You can guess what the value of your case is or hire a lawyer that has done this before and knows how to present a case.

Now I do understand that the case is always yours. So if you want to settle and think it's a good deal, go for it. But, it reminds me of the last time I tried plumbing. Took me two days to put in a garbage disposal. Week later, a real plumber came in and got it fixed in about 30 minutes.

At least if you are going to play lawyer for you or your family, spend a little time reading these:

I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers, Wayne Parsons on September 14, 2009 - 3:59 AM EST

What would a caveman bring to meet with the lawyer?, Steve Lombardi , September 15, 2009 11:00 AM

Solving Legal Problems, Being a Client, Back to the Basics, Steve Lombardi , September 15, 2009 8:48 AM

Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care) , Rick Shapiro September 16, 2009 9:38 AM

Being a Client: More Tips To Help Improve Your Case If You've Been In An Car Accident , Devon Glass , September 17, 2009 8:39 AM

Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash, Pierce Egerton , September 18, 2009 4:28 PM

What To Do After An Accident When The Adjuster Is There First, Mike Bryant, September 19, 2009 6:26 PM

What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?, Wayne Parsons , 20 September 2009 12:01

What makes a case good or bad?, Steve Lombardi, 21 September 2009 12:57 PM

What To Do After An Accident When The Adjuster Has A Tape Recorder, Mike Bryant , September 23, 2009 10:01 PM

Do I have a good or a bad case?, Devon Glass, September 24, 2009

What are interrogatories and how do I answer them?, Steve Lombardi, September 29, 2009

Interrogatories: A Written Deposition , Devon Glass, September 30, 2009

How Do You Value Your Case? Mike Bryant October 03, 2009 9:29 AM

Demystifying Injury Litigation for Clients: What Are Interrogatories?, Rick Shapiro ,October 3, 2009

Do only dishonest people refuse to give a recorded statement? Steve Lombardi | October 06, 2009 10:47 AM

Demystifying Injury Litigation: What Is a Deposition and How Do I Get Ready for It? Rick Shapiro | October 21, 2009 10:34 AM

How Does An Injured Person Describe Their Injury To Doctors, Lawyers and Their Family?(2); Wayne Parsons | October 22, 2009 3:45 AM

What's the big deal with my deposition? Devon Glass, October 22, 2009

Why Does Discovery Need To Be Truthful?, Mike Bryant, October 23, 2009 11:28 PM

How do I know what my case is worth?, Steve Lombardi , October 24, 2009 10:06 AM

Originally posted at InjuryBoard by Mike Bryant

How do I know what my case is worth?

Steve Lombardi — Sat, 24 Oct 2009 10:06:00 GMT

To know how much your case is worth you first need to understand the elements of the type of legal case. Let’s say you were in a car accident and wrecked your car. The elements would include car damage to repair to replace the car. If you rented a car you’d get compensated for rental expense. If towed and stored you’d be compensated for that as well. In Iowa if the cost to repair is less than the fair market value just previous to the collision then you get it repaired. If cost to repair exceeds the FMV, then you get the FMV + license and registration fees.

What about bodily injury or personal injury?

You add in up all related medical expenses, prescription costs, physical therapy, chiropractic, surgery, hospitalization, X-Rays, MRI’s and all other medical expenses.

You ask the doctors about future medical expenses and you get that as well.

Did the injury hurt? If it hurt you get compensated for pain and suffering as well.

Will it hurt in the future? If so you get to add an amount for future pain and suffering.

What about wage loss? Well, whatever you lost in wages or whatever your paid time off or vacation pay you use up you get compensated for.

Will the injury force you to miss word days in the future? If the answer is yes, then you’ll get paid reasonable compensation for future earnings reduction.

These are all elements of a personal injury claim and when you add them all up that’s what your case is worth. You prove those losses by documenting everything you can. You get the supervisor at work to sign off on a form showing the days you missed, how much you would have earned on those days and then the total.

The lawyers obtain copies of medical records and bills and then get reports from doctors to prove up future losses and medical care that is needed. This all sounds simple but it’s not. If it were everyone would be doing it and doing it well; but they aren’t and they don’t.

This is a continuation of our series on commonly asked questions that clients ask when involved in a personal injury claim. I’ve asked several of our more prolific writers to blog about it so you can refer to this series to see how six different lawyers answer similar questions. Join Devon Glass, Wayne Parsons, Mike Bryant, Pierce Egerton, Rick Shapiro and myself Steve Lombardi for a continued discussion of these client questions common to most lawsuits. We have about two more topics to cover before we close out this series. I’m not sure where we will go from here. If we don’t hear from you we may take several weeks off; on the other hand if we do hear from you we may answer your questions. The titles so far are:

What would a caveman bring to meet with the lawyer?, Steve Lombardi , September 15, 2009 11:00 AM

Solving Legal Problems, Being a Client, Back to the Basics, Steve Lombardi , September 15, 2009 8:48 AM

Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care) , Rick Shapiro September 16, 2009 9:38 AM

Being a Client: More Tips To Help Improve Your Case If You've Been In An Car Accident , Devon Glass , September 17, 2009 8:39 AM

Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash, Pierce Egerton , September 18, 2009 4:28 PM

What To Do After An Accident When The Adjuster Is There First, Mike Bryant, September 19, 2009 6:26 PM

What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?, Wayne Parsons , 20 September 2009 12:01

What makes a case good or bad?, Steve Lombardi, 21 September 2009 12:57 PM

What To Do After An Accident When The Adjuster Has A Tape Recorder, Mike Bryant , September 23, 2009 10:01 PM

Do I have a good or a bad case?, Devon Glass, September 24, 2009

What are interrogatories and how do I answer them?, Steve Lombardi, September 29, 2009

Interrogatories: A Written Deposition , Devon Glass, September 30, 2009

How Do You Value Your Case? Mike Bryant October 03, 2009 9:29 AM

Demystifying Injury Litigation for Clients: What Are Interrogatories?, Rick Shapiro ,October 3, 2009

Do only dishonest people refuse to give a recorded statement? Steve Lombardi | October 06, 2009 10:47 AM

How Does An Injured Person Describe Their Injury To Doctors, Lawyers and Their Family?(2); Wayne Parsons | October 22, 2009 3:45 AM

I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers, Wayne Parsons on September 14, 2009 - 3:59 AM EST

Disclaimer: (If needed) These questions are not intended to replace a consultation with an attorney, nor do they take into consideration facts that may differ about your particular case. Here at the Injuryboard, we have experienced attorneys who can deal with your individual questions and best help you with your case. Feel free to get the help you need by contacting one of us.

Originally posted at InjuryBoard by Steve Lombardi

Do only dishonest people refuse to give a recorded statement?

Steve Lombardi — Tue, 06 Oct 2009 10:47:00 GMT

Why does the insurance adjuster want to take my statement?

Adjusting claims isn’t about being fair – it’s about paying less. I this post I'll prove to you adjusting claims isn’t about being fair. And my guess is adjusters agree.

Assumption #1: The insurance company is on my side.

Adjusting claims isn’t about being fair – it’s about paying less and no, not even the aduster from your own car insurance company is on your side; I don't care what the commercial says. In case you need a reminder here is a commercial about being "on your side."

http://www.youtube.com/watch?v=g8h03VrCVHw

Okay, let's get back to reality. There are two reasons for wanting to take your statement and neither is in your best interest.

Insurance adjuster talk to those filing claims for two reasons and only two reasons.

Reason 1. See if they can get you to say something that gives them a reason to deny your claim.

Reason 2. See if they can get you to say something that allows them to pay you less than the law reasonably requires.

The adjuster get's bragging rights at the office if he does.

Am I correct there can only be two reasons (objectives) to talk to you? After 30 years I think I'm right. but how about if you try to prove me wrong?

Here is my proof: Name one adjuster, who has ever said to someone filing a claim,

Adjuster: “How much do you want to settle your claim?"

Claimant: “Well, how about a $1,000.00 for the pain and suffering?”

Adjuster: “A $1,000.00? No I can’t pay you that much, it wouldn’t be fair. You’re entitled to more than what you’ve asked me to pay you. How about if I pay you more than you asked for, would you accept more?”

Okay Taser guy this is your chance to beat me in an argument. Just find me a place on one insurance company website that tells those who are injured by their insured that the value of their wage loss, time, pain/suffering is worth more or that the quality of life has any value whatsoever. In fact find me one insurance company website that tells you what categories of damages the law in your state allows for compensation. Get going Taser guy it's a big world out there.

Assumption #2: I’m an honest person and the adjuster will see that after talking to me and treat me with respect.

"I won't need a lawyer, because I'll be honest with the adjuster and they will see that and be honest with me."

After a car accident, for the most part many people start off thinking that being fair and honest will carry the day. Most people’s definition of fairness and honesty has to do with talking long and telling it all and then the insurance benefit engine will start up and the claim will miraculously get settled. That’s because many people believe that honesty is something missing from the insurance-legal system. They think lawyers lie and cheat for their clients and ultimately steal from the insurance companies. You can think that if you want to, but it’s simply not true.

THE NAÏVE PERSON BELIEVES THEY ARE THE FIRST HONEST PERSON TO EVER FILE A CLAIM

The naïve person thinks that after an accident they are the first honest person to ever enter the insurance system. And they think they being different, honest, will carry the day. Again, their understanding of being honest is simply to tell it all and the system will bend over backwards at the prospect of finally there is an honest person making an insurance claim.

FROM THE ANNALS OF INSURANCE HISTORY: “Oh my! My fellow adjusters, I’ve just spoken on the phone with the first honest person in the history of insurance!” October 2009

Is this you? Is this what you think because of how you've been brain washed by those yelling for tort reform? Okay, I thought so; now keep that thought in mind because later on you'll need to rethink it too.

Remember the Gong Show? Can you hear the gong that gets pounded every time a bad act is done? At this moment in your new found legal career of handling your own claim you should hear it loud and clear. (A lawyer representing themselves has a fool for a client.)

GONG! YOU'VE BEEN GONGED!!! AND IT’S BECAUSE YOUR ACT STINKS.

Remember that even Steve Martin was gonged. Here he is playing Foggy Mountain Breakdown, sort of what you're in when you control your own case.

http://www.youtube.com/watch?v=D-octweQ-s8

Your assumptions are all wrong. You need a new perspective. Like anything in life there are bad lawyers just like there are bad landscapers. But not all lawyers are bad just because there is one bad one. Remember, even the rich run to lawyers after a car accident. Oops sorry! I wasn't supposed to tell you that.

Lawyers lose their licenses for lying and cheating. Clients go to jail. Adjusting claims isn’t about being fair – it’s about paying less.

Assumption #3: I can’t refuse to give a “recorded” statement.

There is nothing wrong with refusing to give a recorded statement to the opposing adjuster. If your lawyer says to do it then do it, but while unrepresented it is perfectly fine to decline such an invitation by the adjuster for the other guy's insurance company. Simply say that until you are represented you would rather not give a recorded statement. If the adjuster insists or implies that by refusing to do so you are admitting fault or acting suspicious, then you have your marching orders to hire a lawyer.

FROM THE ANNALS OF INSURANCE HISTORY: Did you know when adjusters are involved in a car accident, like the rich and famous, they too hire personal injury lawyers?

Many people believe being honest is the best policy and so when pressed they will accept the insurance adjuster's firm offer (demand) to submit to a recorded statement, because to do otherwise may appear dishonest. This is a trick they are taught. Honesty has nothing to do with declining this invitation until you are represented and have an opportunity to be prepared by a lawyer to do it in a way that doesn't prejudice your claim. People use words in lay conversation that if used in a legal contexts have a completely different meaning. A professional adjuster knows how and when to cut you off from explaining what you've just said before he turned on the recorder; allowing him to create a false impression that you did not explain something you said, therefore the false impression must be true. Until a lay person understands how false impressions can be created through questioning by highly skilled and trained insurance adjusters, they are at a big disadvantage. And remember, once you give a false impression because you used the wrong words or failed to take control of the process and explain what you meant, a later explanation will always ring hollow.

So my advice is simple, turn down the offer that is coming to allow a recorded statement and get a lawyer. And it should be a lawyer familiar with the process who knows how to teach you to understand the pitfalls of the process. That's enough for todays lesson. Has the Taser guy found an example where the insurance industry tells all about the guy who they paid more too? I didn't think so.

I’ve covered this in previous posts, which you may find useful.

Insurance adjusters and the recorded statement. | InjuryBoard Des ...

... Insurance adjusters and the recorded statement. ... Believe it or not you can decline to give a recorded statement. There is no law ...

"I won't need a lawyer, because I'll be honest with the adjuster ...

... Here I can prove to you adjusting claims isn’t about being fair. Let’s begin with the recorded statement. You asked me this question: ...

Solving Legal Problems, Being a Client, Back to the Basics ...

... 7. Should I give the insurance company a recorded statement? One more thing, we could use another attorney to join in writing on the seventh day. ...

Why does the insurance adjuster want to take my statement ...

- 5:11am

Welcome to the Lombardi Law Firm website. Being prepared isn't the same ...
www.lombardilaw.com/.../why-does-the-insurance-adjuster-want-to-take-my-statement.

Here on the Injuryboard we are covering commonly asked questions that clients ask. Read the works from Rich Shapiro, Pierce Egerton, Mike Bryant, Devon Glass and myself, Steve Lombardi. The titles in this series are listed below.

I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers, Wayne Parsons on September 14, 2009 - 3:59 AM EST.

What would a caveman bring to meet with the lawyer?, Steve Lombardi , September 15, 2009 11:00 AM

Solving Legal Problems, Being a Client, Back to the Basics, Steve Lombardi , September 15, 2009 8:48 AM

Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care) , Rick Shapiro September 16, 2009 9:38 AM

Being a Client: More Tips To Help Improve Your Case If You've Been In An Car Accident , Devon Glass , September 17, 2009 8:39 AM

Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash, Pierce Egerton , September 18, 2009 4:28 PM

What To Do After An Accident When The Adjuster Is There First, Mike Bryant | September 19, 2009 6:26 PM

What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?, Wayne Parsons | 20 September 2009 12:01

What makes a case good or bad?, Steve Lombardi, 21 September 2009 12:57 PM

What To Do After An Accident When The Adjuster Has A Tape Recorder, Mike Bryant , September 23, 2009 10:01 PM

Do I have a good or a bad case?, Devon Glass, September 24, 2009

What are interrogatories and how do I answer them?, Steve Lombardi, September 29, 2009

Interrogatories: A Written Deposition , Devon Glass, September 30, 2009

How Do You Value Your Case? Mike Bryant October 03, 2009 9:29 AM

Demystifying Injury Litigation for Clients: What Are Interrogatories?, October 3, 2009, Rick Shapiro

Originally posted at InjuryBoard by Steve Lombardi

How Do You Value Your Case?

Mike Bryant — Sat, 03 Oct 2009 09:29:00 GMT

What is my case worth? This is one of the questions that we hear most often. Many of our clients just want to know how they are going to get their medical bills paid and what they are going to do about the wages they are losing. Some of them have already been stressed out by the tough economic times and now suddenly, things have become even tighter. The question may not even really be about right now, but may be just as much about the next week, month or even years down the road. How am I going to pay my mortgage when I can't work? So they ask what the case is worth.

I wonder how other lawyers answer the question, especially since the answer is usually not available at the time people are looking for a lawyer. There are effects of the injury, what the doctor says and unfortunately it truly does depend on the coverage. The clients want some certainty at this time. The easy thing would be to just throw a number out there. But, they don't come to us at an easy time and they don't higher us to take the easy way out. The truth I always explain is that we don't know right now. You are actually better off if it's less money and you get better. Those are actually my happiest former clients. But, if you are hurt long term, we know how to present your case in the best light. It is the difference of hiring a lawyer that knows and will represent you in presenting your loss and basically hiring a claims adjuster. It may not be fast , but we will look at your case and present it in the most comprehensive light.

Many of these people that have already talked to the insurance adjuster. We regularly meet with potential clients who have been offered small sums as the insurance company works to get out of liability and to close the file. They know that there are a percentage of people who really need money, so they will prey on that group. In these economic times, it happens all of the time.

If you are facing that choice, please keep in mind:

- For a minor, there is no way that they can settle the case without Judicial approval. I've seen companies try to get around this, but it's against the law.

- When the settlement discussions are going on, is the adjuster practicing law? Do they talk about: if you need a lawyer, about the value of the case, or present their version as to fault? All of these get very close to giving you legal advice. I do it and I need to follow up with information on the statute of limitations. The non lawyer does it and they are breaking the law. They also, intentionally or not, can be very very wrong.

- Most car collisions involve the tort thresholds in Minnesota. Basically, you need to have $4000 in medical expenses, a permanent injury or 60 days loss of enjoyment of life. You meet one of those and you have a claim for pain and suffering. You don't and you have no claim other than the bills, wage loss and property damage. I look at the little offers this way. If you meet a threshold and have a permanent injury, is there any way that is worth that amount? If you don't meet a threshold, well, what did you really lose by waiting and making sure?

- The insurance company wants a settlement quick. They often make their offer within days or weeks of the collision. While some cases can be evaluated at that time, usually it takes time to get a full view of your injuries and to also get through a year's cycle. Is there something that you do in the winter or summer that will cause you problems? It's worth waiting to make sure you can play softball or snowmobile without problems. The statutes of limitations were made longer so that you have the chance to see the affect of your injuries.

It's always worth talking to a personal injury attorney to make sure you are aware of all of your rights. If the offer is fair, we will tell you. We also can give you lawful legal advice and answer your questions.

As fellow members of the blog pack, Steve Lombardi, Wayne Parsons, Devon Glass, Mike Bryant, Rick Shapiro and Pierce Egerton, have been pointing out there is also a difference in what lawyer you talk to. Don't make the mistake of undervaluing yourself. As I tell many of my clients, I may be smart enough to do some of the things you do with your daily job, but it's doubtful I will do it completely right. I don't think your competitor would come over and willingly help me. Severe injuries are not the time to learn how to protect you and your family and most definitely not the time to take legal advice from the other side. Take your time and learn who and what is out there for help.

I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers, Wayne Parsons on September 14, 2009 - 3:59 AM EST.

What would a caveman bring to meet with the lawyer?, Steve Lombardi , September 15, 2009 11:00 AM

Solving Legal Problems, Being a Client, Back to the Basics, Steve Lombardi , September 15, 2009 8:48 AM

Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care) , Rick Shapiro September 16, 2009 9:38 AM

Being a Client: More Tips To Help Improve Your Case If You've Been In An Car Accident , Devon Glass , September 17, 2009 8:39 AM

Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash, Pierce Egerton , September 18, 2009 4:28 PM

What To Do After An Accident When The Adjuster Is There First, Mike Bryant | September 19, 2009 6:26 PM

What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?, Wayne Parsons | 20 September 2009 12:01

What makes a case good or bad?, Steve Lombardi, 21 September 2009 12:57 PM

What To Do After An Accident When The Adjuster Has A Tape Recorder, Mike Bryant , September 23, 2009 10:01 PM

Do I have a good or a bad case?, Devon Glass, September 24, 2009

What are interrogatories and how do I answer them?, Steve Lombardi, September 29, 2009

Interrogatories: A Written Deposition , Devon Glass, September 30, 2009

Demystifying Injury Litigation for Clients: What Are Interrogatories?, Rick Shapiro October 03, 2009

and this one

How Do You Value Your Case? Mike Bryant October 03, 2009 9:29 AM

Originally posted at InjuryBoard by Mike Bryant

Interrogatories: A Written Deposition

Devon Glass — Thu, 01 Oct 2009 17:10:14 GMT

Continuing with Steve Lombardi's excellent article on interrogatories posted over at his blog, and continuing the theme of the week between Steve, Mike, Rick, Wayne, and Pierce, I'd like to add my two cents on the issue of interrogatories and what they mean to a claim. The difficult thing about writing on many topics after Steve has written on the same subject is this: he writes to damn much and doesn't leave much for the rest of us to discuss. Steve, how about you stop writing novels and start writing chapters?

On to the issue at hand, interrogatories. It sounds really formal and imposing, but as Steve points out, they are really just questions about what happened to cause your injury, what medical treatment you've received, and how the injuries have affected your life. When you read the questions as they are written, it probably feels like you are taking a standardized test and it's your job to figure out which word in the sentence is a noun. Maybe that would be easier.

One thing that will hopefully set your mind at ease is that there is no answer key for the questions. If you don't know an answer to one of the questions, you can say you don't know. The only wrong answer you can give is a lie or a deliberate misrepresentation of the facts. Otherwise, you should do your best to answer the questions to the best of your ability and knowledge. Another thing that should hopefully set your mind at ease is that your attorney will be reading through your answers to make sure you answer the questions appropriately.

Figuring out how to answer the question can be difficult. Many times the questions are written in such a way that it seems deliberately confusing. If you encounter a question you don't know the answer to, take a minute to think about what the question is asking of you, and if you still are unsure how to answer, skip the question and move on to questions you feel more comfortable answering. You may get an idea on how to answer a question based upon reading and answering other questions, but even if you don't have a clue what to write, that's okay. You should ask your attorney to help you with any questions you are unsure about. However, this does not mean you don't have the responsibility to answer the questions yourself, just that your attorney can help explain what the question is asking so you can provide the answer.

You may be wondering, why am I supposed to answer the questions? Doesn't my attorney know this stuff? The answer is yes and no. Of course your attorney should be able to answer most, if not all, the questions in the interrogatories. The point of interrogatories is to find out what you know, not what your lawyer knows. Another thing to think about is this, if your attorney spent all his time answering interrogatories for his clients, he would have no time to investigate your claim or help more than a dozen or so people. Lawsuits take lots of time and energy to prepare and investigate and your attorney needs some help from you to make the job a bit more manageable. Would you rather your attorney spend all his or her time answering questions for you or investigating your claim as vigorously as possible?

That's pretty much it for interrogatories from my perspective, although I am sure that Rick, Wayne, Mike or Pierce will have more to say on the matter. Be on the look out for more posts in our continuing series on being a client.

Join these lawyers for more on commonly asked questions that clients ask.

Wayne Parsons, Devon Glass, Mike Bryant, Rick Shapiro and Pierce Egerton

I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers, Wayne Parsons on September 14, 2009 - 3:59 AM EST.

What would a caveman bring to meet with the lawyer?, Steve Lombardi , September 15, 2009 11:00 AM

Solving Legal Problems, Being a Client, Back to the Basics, Steve Lombardi , September 15, 2009 8:48 AM

Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care) , Rick Shapiro September 16, 2009 9:38 AM

Being a Client: More Tips To Help Improve Your Case If You've Been In An Car Accident , Devon Glass , September 17, 2009 8:39 AM

Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash, Pierce Egerton , September 18, 2009 4:28 PM

What To Do After An Accident When The Adjuster Is There First, Mike Bryant| September 19, 2009 6:26 PM

What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?, Wayne Parsons | 20 September 2009 12:01

What makes a case good or bad?, Steve Lombardi, 21 September 2009 12:57 PM

What To Do After An Accident When The Adjuster Has A Tape Recorder,Mike Bryant , September 23, 2009 10:01 PM

Do I have a good or a bad case? Devon Glass, September 24, 2009

What are interrogatories and how do I answer them? Steve Lombardi, September 29, 2009

Originally posted at InjuryBoard by Devon Glass

What are interrogatories and how do I answer them?

Steve Lombardi — Tue, 29 Sep 2009 09:28:00 GMT

It’s a new week and the InjuryBoard group is again writing about commonly asked client questions. We have seven topics to cover, each lawyer is choosing one per week, and by the end of seven weeks we will each have covered all seven topics. I will also post them on the Lombardi Law Firm web blog, The Verdict. That way if you have questions or comments you’ll be able to contact me directly. Enough talk let’s get to the subject today, which is answering written questions in your lawsuit.

Interrogatories are written questions sent to you through your lawyer by the other attorney. They are questions that when you read it your brain goes, “Huh? What?” The questions are written in lawyer-speak. In law school we lawyer(s) are taught the importance of gobbledygook and over time we strive to perfect it. Hardly ever are interrogatories written in plain English and if you were a lawyer you’d know why, but you’re not so you won’t and I can’t tell you why because if I did you wouldn’t understand me. That was a mouthful.

Okay, if you promise to tell no one I’ll take a stab at explaining why. This is an entirely sexist example but for many of you it will work. If you were a woman and you had to write a question for your boyfriend or husband to understand and it was about buying you the latest fashion jeans at the mall, how simple could you write it? Or, if you are a man and had to write a simple description of how to catch a fish or mow the lawn, how wordy would the explanation get? Now you understand. In the end you’d just break it down to simple questions that you yourself would ask and then you’d do it yourself. And that’s why it’s easier for most lawyers (he or she) to just ask you a few simpler more straightforward questions and then write the answer for you. See I did it there with the “he or she”; I slipped it in to see if you were awake. After doing this for 30 years I’ve begun to talk at our house just like a lawyer. “Barbara, what did you mean by that?” And raising teenagers was even more fun, with questions in my repertoire like “That’s an interesting answer. Now can you answer my question?” Teenagers absolutely hate that question, because they were hoping the smoke screen was working.

In law nothing is simple because in reality the English language is extremely imprecise.

So let’s try to make this easy. Interrogatories are questions. That’s easy. The word interrogatory sounds like interrogation so think of it in those terms with the exception you aren’t tied down to a chair, there is no hot-bright light beating down on you and no one is putting cigarettes out on your forehead.

HOW NOT TO ANSWER QUESTIONS IN A LAWSUIT

Let me warm you up with one example of how not to answer the questions. I’m fond of telling Shannon that if you know what you don’t want it helps you narrow down the possibilities and that helps you know more about what you do want. So let’s look first at what you don’t want for an answer.

http://www.youtube.com/watch?v=lj3iNxZ8Dww

Huh? Let me hear that again only this time with Jimmy Kimmel explaining.

http://www.youtube.com/watch?v=aR75L08SBHo

Thank you for explaining that Jimmy Kimmel, now it’s much clearer. The good news is in answering your lawsuit questions, you won’t be on TV. And it’s not likely Jimmy Kimmel cares about the issues in your case; so relax.

YOU HAVE TO SWEAR TO YOUR ANSWERS – REALLY, I SWEAR !

These interrogatory questions require answers you will swear to so make sure you think before answering. Of course some don’t require much thinking. Like the ones that ask for your name, age and dependents. Then there are others that have moderate levels of thinking, like tell us about your work and educational history. And then there are those that take a lot of thinking, like how did you get injured and why do you think the guy you sued is at fault? Of course your lawyer should help with answering the tougher questions. If they don’t help you, then fire them and get a new lawyer; one that actually works.

GROUPING QUESTIONS INTO BUCKETS

These questions have answers that go into four big answer buckets.

Bucket One: How did the accident happen? (This is the liability bucket.)

Bucket Two: How bad were you injured? (This is the damages bucket.)

Bucket Three: Tell us about yourself? (This is the, who are you bucket.)

Bucket Four: Have you ever done anything bad. (This is the help me make you look bad to the jury bucket.)

So how do you answer these questions?

1. Truthfully.

2. Accurately.

3. Completely, as is possible with available information.

4. And precisely.

Now truthfully means you tell it like it is, without drama and without being deceptive or cute. Accurately means you provide the amount of detail available to you. Completely means if all you have to do is read a tax return to get the information, and you have the tax return then you dig it out of the closet and provide the necessary information or you provide the tax return and say, “See the tax return attached.” Precisely means you need to read the question asked and answer that question; not the one you’d like them to ask but the one they did ask.

We can’t talk about answering questions without visiting Bushisms.

"I promise you I will listen to what has been said here, even though I wasn't here." --at the President's Economic Forum in Waco, Texas, Aug. 13, 2002

"You teach a child to read, and he or her will be able to pass a literacy test." -Townsend, Tenn., Feb. 21, 2001

"Tribal sovereignty means that; it's sovereign. I mean, you're a -- you've been given sovereignty, and you're viewed as a sovereign entity. And therefore the relationship between the federal government and tribes is one between sovereign entities." --Washington, D.C., Aug. 6, 2004 (Watch video clip)

http://www.youtube.com/watch?v=B5xVRXLgLxw

"I couldn't imagine somebody like Osama bin Laden understanding the joy of Hanukkah." --at a White House menorah lighting ceremony, Washington, D.C., Dec. 10, 2001 (Listen to audio clip)

"You know, one of the hardest parts of my job is to connect Iraq to the war on terror." --interview with CBS News' Katie Couric, Sept. 6, 2006

That last one is really about truthful deposition answers so keep it in mind for a later blog post.

THE ENEMY TO ANSWERING INTERROGOTORY ANSWERS

Your enemy is procrastination. Don’t delay in answering the lawyer questions. Sit right down on the day you receive them and begin to jot answers down on the paper. Don’t let the words confuse you. Read it and ask yourself, “What is the main point of this question?” Get as much done in one sitting as you can and then call your lawyer’s secretary to set up an appointment to go over your answers. The lawyer will help you finish adding to the answer to make it complete. Before you do the sit-down-with-your-lawyer you should review and add information several times over that first week. I realize the questions are hideously complex or confusing, but do your best. Don’t worry so much about all the verbiage; focus more on the import of the question. Most lawyers can’t ask a question straight up because there are so many times when they did and the other side didn’t give them information they claimed was outside the scope of the request. So instead of asking, “What medical bills did you get from your injuries in this accident?”, they will ask much more involved question with nine subparts and in a way that only a Judge could understand. Hey I do it too, we have to or else those dastardly defense lawyers will play the word game.

http://www.youtube.com/watch?v=4P785j15Tzk

A BETTER DEFENSE LAWYER

If you want my opinion I think Marina Orlova, Hot-For-Words would have made a good defense lawyer. Her Russian accent would have been more enjoyable to listen to than most defense lawyers I come into contact with. I’ve never read the Nerd Word of the Day, anatidaephobia in interrogatories, and my guess is neither has your lawyer. But you could really shock them by writing into your answer that you give to your lawyer. If you wrote one big word into your answers it would make the lawyer’s job more enjoyable.

HELPFUL AND NOT-SO-HELFUL PHOBIAS FOR WRITING INTERROGATORY ANSWERS

Most people when reading interrogatories for the first time experience atelophobia. (Fear of imperfection.)

Many people when reading the interrogatory asking for the amount of damages suffered develop arithmophobia. (Fear of numbers.)

The first time you meet the adjuster you’ll likely suffer from autodysomophobia or blennophobia. (It’s the fear of one that has a vile odor or slime.)

It’s alright to have hippopotomonstrosesquipedaliophobia when answering interrogatories. The shorter the words you use, the better. You don’t have to use long words; you don’t even have to appear smart. In fact the dumber you are the better; remember who it is you’ll be dealing with. Just be straight and honest, accurate and complete. Do not succumb to logophobia or kakorrhaphiophobia, because your lawyer will help you with the words you don’t understand this will assist you to avoid failure.

Having a healthy dose of mythophobia (fear of myth or stories or false statements) is helpful.

Next time I’ll talk about your frame of mind before the deposition, but until then read the works of Devon, Rick, Wayne, Mike, Pierce and I about all those common questions you have.

http://www.youtube.com/watch?v=qrm_OcVDmkE

Amy Winehouse - Procrastination

http://www.youtube.com/watch?v=IpXj5tgt9uk

Join these lawyers for more on commonly asked questions that clients ask.

Wayne Parsons, Devon Glass, Mike Bryant, Rick Shapiro and Pierce Egerton

I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers, Wayne Parsons on September 14, 2009 - 3:59 AM EST.

What would a caveman bring to meet with the lawyer?, Steve Lombardi , September 15, 2009 11:00 AM

Solving Legal Problems, Being a Client, Back to the Basics, Steve Lombardi , September 15, 2009 8:48 AM

Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care) , Rick Shapiro September 16, 2009 9:38 AM

Being a Client: More Tips To Help Improve Your Case If You've Been In An Car Accident , Devon Glass , September 17, 2009 8:39 AM

Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash, Pierce Egerton , September 18, 2009 4:28 PM

What To Do After An Accident When The Adjuster Is There First, Mike Bryant | September 19, 2009 6:26 PM

What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?, Wayne Parsons | 20 September 2009 12:01

What makes a case good or bad?, Steve Lombardi, 21 September 2009 12:57 PM

What To Do After An Accident When The Adjuster Has A Tape Recorder, Mike Bryant , September 23, 2009 10:01 PM

Do I have a good or a bad case?, Devon Glass, September 24, 2009 What are interrogatories and how do I answer them?, Steve Lombardi, September 29, 2009

Originally posted at InjuryBoard by Steve Lombardi

The Proactive Client Asks "What Do I Do Now?"

Pierce Egerton — Fri, 25 Sep 2009 14:16:05 GMT

Occasionally I’ll meet with a potential client who is a paragon of organization. This happened twice last week: in both instances the injured person came in with a three ring binder complete with labeled tabs. Inside the binder were medical bills; information about the person’s auto coverage; pictures of the vehicle damage; estimates for the vehicle repair; and handwritten notes.

This information is quite helpful in evaluating the claim and can considerably speed up the initial work on the client’s file. Obviously, individuals who are this energetic about tending to their affairs are accustomed to dealing with personal matters in an efficient, hands-on manner. After we complete the interview and sign the necessary contracts and authorizations, I know what final question to expect, “What should I be doing now?”

It’s the right question! At my office we hand out a list of items the client should do throughout the time their claim is pending. Here are a few:

GET BETTER! The proactive client rarely delays in seeking legal representation and is probably still under medical care. Jurors and adjusters are always impressed with people who demonstrably want to recover from their injuries and get on with their lives. Two of the best ways to demonstrate a desire to recover are by conscientiously following the doctor’s instructions and keeping scheduled appointments. During your recovery, the doctor will likely ask you to be at reduced physical activity. If there are circumstances in your life that will make it hard for you to comply with part of the doctor’s instructions then say so. Most doctors are understanding people and, if possible, will modify their instructions to accommodate your needs.
Let us know how you’re doing. Give us a call and tell us about developments in your medical care. If your diagnosis changes, or if the doctor schedules you for surgery, we need to know as soon as possible. Also, if you are referred to another doctor or if you are sent out for physical therapy, x-rays, MRIs, etc., let us know. We can only obtain records and bills from the medical providers we know about.
Send us a copy of your medical bills. Yes, we will request account statements from your medical providers. However the bills you receive do not always match the information provided to us. Billing errors can cost you money; comparing account statements with bills sent to you is one way to catch errors.
Send us a copy of your EOBs. If you have a health plan we also need your EOBs. EOBs, or Explanations of Benefits, are the forms your health plan sends to you that show how much the plan paid to your medical provider and how much you were required to pay. The EOBs also show the discount that the medical provider was required to write off under the contract with your health plan. Some medical providers will not inform us of the amount of the health plan discount. This is important in North Carolina, because the law doesn’t allow medical providers to collect more from you than the contract with your health plan allows. Comparing your EOBs with medical providers’ bills saves you money!
Keep up with your expenses. An injury costs you more than just medical bills and lost income. You may be out of pocket for any number of expenses resulting from your injuries. Travel expenses to and from medical providers; bills for prescriptions and over the counter medications; payments for lawn or household work you couldn’t perform because of your injuries; these are just a few of the expenses you may encounter. Not every out of pocket loss is compensable under the law, but many are. Keeping track of these expenses helps us save you money.
Don’t stay out of work longer than your doctor advises. Jurors and adjusters have been programmed by the media to see injury scams behind every corner. You can improve your claim by making sure you have a doctor’s note for every day you miss from work because of your injury even if your employer doesn’t require one.

These are only a few of the answers to the question “What should I be doing now?” This article continues the series on practical perspectives by attorneys from around the country on common questions people ask of injury lawyers. Below is a list of my colleagues who are writing about the topic followed by a list of the articles so far.

Mike Bryant of Bradshaw & Bryant PLLC

David Mittleman and Devon Glass of Church Wyble, PC in Lansing, Michigan,

Pierce Egerton of Egerton & Associates P.A. in North Carolina,

Steve Lombardi of The Lombardi Law Firm in Des Moines Iowa

Wayne Parsons of Wayne Parsons Law Offices in Hawaii

Rick Shapiro of Shapiro, Cooper, Lewis & Appleton, P.C. from Virginia and North Carolina

Series about Common Questions Clients Ask

I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers, Wayne Parsons on September 14, 2009 - 3:59 AM EST.

What would a caveman bring to meet with the lawyer?, Steve Lombardi , September 15, 2009 11:00 AM

Solving Legal Problems, Being a Client, Back to the Basics, Steve Lombardi , September 15, 2009 8:48 AM

Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care) , Rick Shapiro September 16, 2009 9:38 AM

Being a Client: More Tips To Help Improve Your Case If You've Been In An Car Accident , Devon Glass , September 17, 2009 8:39 AM

Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash, Pierce Egerton , September 18, 2009 4:28 PM

What To Do After An Accident When The Adjuster Is There First, Mike Bryant| September 19, 2009 6:26 PM

What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?, Wayne Parsons | 20 September 2009 12:01

What makes a case good or bad?, Steve Lombardi, 21 September 2009 12:57 PM

Do I have a good or bad case?, Devon Glass | September 24, 2009 5:26 PM

Originally posted at InjuryBoard by Pierce Egerton

Do I have a good or bad case?

Devon Glass — Thu, 24 Sep 2009 17:26:54 GMT

I agree with Steve Lombardi, there is no such thing as a "good" or "bad" case, it all depends on what the client expects and what they lawyer can prove in the end. I'm not going to re-hash what Steve talked about, I can only suggest you read his post and be enlightened. Instead, I'd like to discuss the different aspects of a few typical injury scenarios and how each one has it's strengths and weaknesses, in terms of liability, damages, and whether it's a case the attorney would take.

Let's start off with a typical slip and fall accident where you fall on some ice in Michigan during the winter. First and foremost, you should be aware that slip and fall injuries are not a blank check waiting to be cashed by someone who is injured. When looking at a slip and fall case, the biggest roadblock is proving liability against the property owner. In Michigan, like most other states, we have some crazy rules put in through by conservative courts over the past decade or so, most notably the open and obvious danger doctrine. What the open and obvious danger doctrine says is basically if a dangerous condition could have been discovered upon reasonable or casual inspection, then a business or property owner has no duty to warn or otherwise advise you of a dangerous condition because, it being open and obvious, it would act as it's very own warning. That seems like common sense, but it's actually quite a sinister rule. The worst thing about it is that the law puts the responsibility for falling on the person who is injured on someone else's property, but more than that, it requires the injured person to be aware of every single dangerous condition that may or does exist on someone else's property before they become injured. The twist to the rule is that the property owner, who should know what's dangerous more than the stranger who gets injured, has to be actually told about the danger in order to be held responsible. When we are talking about slip and falls on ice, the person who falls and is injured should have known better to be walking around during the winter, don't you know there's snow and ice everywhere? But what about the property owner, don't they know it's slippery as well? Shouldn't they have a responsibilty to keep their property in decent condition during the winter? If the person who falls is supposed to know the ground is dangerous, shouldn't the person who owns the property know this as well?

So slip and fall cases are difficult from this perspective. There are ways to work around this seemingly impossible hurdle, but they are very fact specific and turn on your memory of what happened. If it's dark outside, that is one variable that can improve you claim. If you slip and fall on black ice, that is another way to avoid the open and obvious rule. If you are unable to avoid the slippery condition, that's another factor that improves you claim. The more you can recall about how your fall happened, the better the attorney will be able to properly evaluate the claim. Furthermore, make sure to get pictures of the place where you fell as close to the time when you fell to help demonstrate what caused you to fall. Taking pictures is good advice for most claims, but for slip and falls during the winter, each day is different and having evidence of the actual circumstances which caused your fall is invaluable evidence.

Let's move on to dog bite cases. In Michigan, like most other states, if you are bitten by a dog and you did not provoke the animal, the dog's owner is liable for your injuries. What can make your case better or worse really depends on how injured you are and whether the person who owns the dog has home owners insurance. With regard to the nature of your injuries, if you have one or two small puncture wounds, it is unlikely you will see much of a settlement or verdict. That is not to say you do not deserve compensation, just that small puncture wounds often do not result in significant awards of damages. If, however, you have torn muscles, damages nerves, deep puncture wounds requiring stitches or antibiotics, or permanent scarring on a visible area of your body, that would increase the potential award of damages. It makes sense if you think about it, the guy who has two bites on his calf is likely to get less damages compared to the little girl whose face was mauled.

The issue of insurance affects all types of claims, but for dog bites it's particularly involved. Many dog owner are renters who do not have insurance, meaning they could admit liability but good luck collecting from them in the end. Without insurance coverage on the dog, there is very little chance you will end up seeing any money after a trial, since you would have to collect any money from the person individually. Insurance is a guarantee money will be paid following a settlement or verdict. Think about it like this, if you didn't have insurance and someone obtained a 1 million dollar verdict against you, what would tell them when they came to collect? My guess is you would tell them good luck, because you cannot get blood from a stone, and you cannot get money from someone who does not have it.

Sometimes the things that make your case better or worse have nothing to do with anything you can control, it can sometimes rest with the person who is responsible for your injuries. If the dog owner does not have insurance, they can harm you twice because their dog bit you and then they can't compensate you for what happened.

Devon Glass

Those attorneys writing in this series about client questions include:

Besides Mike Bryant the writers include Devon Glass from Church Wyble, P.C., Steve Lombardi from The Lombardi Law Firm, Wayne Parsons of Wayne Parsons Law Offices, Rick Shapiro from Shapiro, Cooper Lewis & Appleton, P.C., and Pierce Egerton from Egerton & Associates.

Series about Common Questions Clients Ask

I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers, Wayne Parsons on September 14, 2009 - 3:59 AM EST.

What would a caveman bring to meet with the lawyer?

Steve Lombardi , September 15, 2009 11:00 AM

Solving Legal Problems, Being a Client, Back to the Basics

Steve Lombardi , September 15, 2009 8:48 AM

Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care) , Rick Shapiro September 16, 2009 9:38 AM

Being a Client: More Tips To Help Improve Your Case If You've Been In An Car Accident , Devon Glass , September 17, 2009 8:39 AM

Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash, Pierce Egerton , September 18, 2009 4:28 PM

What To Do After An Accident When The Adjuster Is There First, Mike Bryant| September 19, 2009 6:26 PM

What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?, Wayne Parsons | 20 September 2009 12:01

What makes a case good or bad?, Steve Lombardi, 21 September 2009 12:57 PM

Originally posted at InjuryBoard by Devon Glass

What To Do After An Accident When The Adjuster Has A Tape Recorder

Mike Bryant — Wed, 23 Sep 2009 22:01:56 GMT

The blog pack is looking at various issues that we see in our day to day practices, each writer is looking at a topic from our various perspectives.

David Mittleman and Devon Glass of Church Wyble, PC in Lansing, Michigan,

Pierce Egerton of Egerton & Associates P.A. in North Carolina,

Steve Lombardi of The Lombardi Law Firm in Des Moines Iowa

Wayne Parsons of The Parsons Law Firm in Hawaii

Rick Shapiro of Shapiro, Cooper, Lewis & Appleton, P.C. from Virginia and North Carolina

I addressed the issue of the adjuster being the first one there last week; today I want to look at what to do if they have a tape recorder or want to take a statement.

Some insurance contracts do require it. If it really is required by your insurance policy, the answer in many cases is going to be that it's something you have to do at some point. However, a lawyer can to be prepared for the statement, and sit through the statement at your side, making sure your rights are protected. It is clear, when the adjusters are calling to get these statements, that they are doing it to limit their companies liability and in many cases, limit what it is they are going to eventually pay. By being the ones asking the questions, they control what information is obtained. It is not unusual, when we represent someone giving a statement, that we make sure additional questions are answered and information provided. We also have experienced the importance of certain questions and answers to have properly prepared you to answer these questions. Just like not signing anything, you should not consider giving a statement until you first talk to an attorney. The initial consultation is free, and can give you a better idea of the importance of what is about to happen.

For the most recent articles in this series check out:

Series about Common Questions Clients Ask

I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers, Wayne Parsons on September 14, 2009 - 3:59 AM EST.

What would a caveman bring to meet with the lawyer?, Steve Lombardi , September 15, 2009 11:00 AM

Solving Legal Problems, Being a Client, Back to the Basics, Steve Lombardi , September 15, 2009 8:48 AM

Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care) , Rick Shapiro September 16, 2009 9:38 AM

Being a Client: More Tips To Help Improve Your Case If You've Been In An Car Accident , Devon Glass , September 17, 2009 8:39 AM

Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash, Pierce Egerton , September 18, 2009 4:28 PM

What To Do After An Accident When The Adjuster Is There First, Mike Bryant | September 19, 2009 6:26 PM

What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?, Wayne Parsons | 20 September 2009 12:01

What makes a case good or bad?, Steve Lombardi, 21 September 2009 12:57 PM

and this one

What To Do After An Accident When The Adjuster Has A Tape Recorder, Mike Bryant , September 23, 2009 10:01 PM

Originally posted at InjuryBoard by Mike Bryant

What makes a case good or bad?

Steve Lombardi — Mon, 21 Sep 2009 12:57:38 GMT

There really isn’t any magic formula and I never describe a case as a good case or a bad one. Instead I talk about expectations. You can have good or bad expectations. It all depends on what those expectations are and whether they are reasonable in light of the evidence and the law of the case.

There are two general categories of all evidence. First there is liability and then there are damages. Those two categories make up the entire gamut of evidence and how to think about it. Let’s call them baskets and with each question or bit of testimony you can place each in one of those baskets.

In the liability basket goes all evidence about who is responsible for either violating the standard of care or who is liable and under what theories. If we assume the case is a car-truck collision we can place all questions about how the accident happened, when, where and how in the liability basket. Was the law violated having to do with posted speed limits, lanes of travel, being on the correct side of the road, watching where you’re going, paying attention to the road and traffic conditions and driving using due care. Those are all liability questions.

Then there is the law that will be applied to your case. Is the law favorable to a claim like the one you are involved? That question you will need to ask the lawyer who may be able to answer that question or maybe not. Car accidents tend to be straight forward and the law clearly defined. But in Whistleblower cases the law may be cloudy and not well defined by the case law that interprets the statutes.

When we ask questions about how badly you were hurt, how hard was the impact, medical care or treatment, medical bills, lost wages, reduced earning capacity along with pain and suffering these are all damage type issues and as such you can place them in the damages basket.

So when clients ask if they have a good case, I have to explain it in terms of both liability and damages. You may have a perfect liability case, but when it comes to damages the case is simply not worth what you want. If your case is 100% someone else’s fault but there damages are $1,000.00 it makes little sense to spend $2,000 on expert fees and litigation costs, because the client will get nothing. In that instance we have a good liability case but a poor damage case and one in which the client’s expectations will never be met. If your expectation is one of getting $100,000.00 for a case that has a value of $25,000.00 as the client you might think the lawyer is bad, but in reality the lawyer may have done a hell-of-a-job just getting an offer of $25,000.00. I get asked quite often for a second opinion about the offer and without seeing all the evidence and talking with the lawyer it’s nearly impossible to give such an opinion.

Looking at liability issues you can have a lot of provable damages but if you’re 50% at fault for the collision you will only get 50% of the damages awarded. That means after litigation costs and contingent fees of normally 1/3^rd you may not be a happy camper. But that’s reality. Is that a bad case or a poor result? Probably not; it’s likely the best result the evidence would allow.

Many attorneys call me asking for a second opinion on whether they are missing something about the case and whether the amount of money offered is adequate. Most attorneys hate to go to the client with a final offer that will not meet the client’s expectations. As my firm’s motto we pride ourselves on telling clients what they need to hear not necessarily what they may want to hear. I’m not going to tell a client I can always meet their expectations. Many times we can exceed those expectations but not every time and in those instances I just tell them why.

I wrote an article several weeks back explaining to a woman that she would never be my client. People think we shoe every horse that comes into the barn. Well, we don’t. We turn away many potential cases and clients for various reasons but one reason in particular is the client will not present well to a jury and their expectations are unrealistic, making my job impossible. I have no interest in spending 100’s of hours working a case and hundreds or thousands of dollars in litigation costs only to have the client bad-mouth me to other potential clients. I’d rather not be involved. In those instances the case and client aren’t a good fit and from my standpoint it’s a bad case for our firm.

Sometimes I take small cases because the client’s life will be improved with just a little bit of money from the settlement. I had one lady contact me to thank me for handling it three years after we settled her case for $3,500.00. That seemed like a small case to us, but to her it meant the difference between having to pay medical expenses immediately or not having a Christmas for her kids. She thanked me for taking the time to help her put food in the refrigerator. To many law firms this single mother’s case isn’t a case they will take because the fees aren’t high enough. Is it a good or a bad case? It is a good case to that single woman, her family and to my firm (that is interested in helping people – we focus on people not fees) but to other law firms that refused to take her case, it was a “bad case”.

Good and bad are relative terms. So answering the question, “Do I have a good case?” is difficult to answer. Instead ask do we have strong liability case? And, about damages ask if the damage case is one that will be expensive to prove and likely to settle for an amount that justifies the litigation costs.

If a client sets themselves up with thinking my case has to be worth X number of dollars that’s usually a bad sign right from the get-go. We don’t value cases based on a wish list. I wish I had a million dollars is not the way we value cases. We value cases based on the liability and damage aspects of the case and so should you. And a yes and no answer to that simple question aren’t likely to be accurate.

I’ve asked several of our members of the InjuryBoard attorneys to get together to write a series of posts answering common client questions and providing useful answers that clients or potential clients can review from time to time. They have responded, in my opinion wonderfully. I encourage you to read these posts and to consider InjuryBoard attorneys as people who you would hire to assist with your case, claim or lawsuit. They are a good bunch of people with varied legal experience and we work as a network that I compare to the largest law firms in the country. We share information, cooperate with one another, refer clients and are developing the largest body of written legal resources available on the Internet. We are for all practical purposes your best investment for injury prevention, safety information and for handling your legal work. And I invite you to contact us when the need arises.

Now here are the attorneys and the linked titles to what we have so far written in this series. For the previous series about interstate highway accidents see the last post by Mike Bryant of St. Cloud, Minnesota and you’ll be able to access all of the previously written articles.

Steve Lombardi

Those attorneys writing in this series about client questions include:

Series about Common Questions Clients Ask

I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers, Wayne Parsons on September 14, 2009 - 3:59 AM EST.

What would a caveman bring to meet with the lawyer?

Steve Lombardi , September 15, 2009 11:00 AM

Solving Legal Problems, Being a Client, Back to the Basics

Steve Lombardi , September 15, 2009 8:48 AM

Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care) , Rick Shapiro September 16, 2009 9:38 AM

Being a Client: More Tips To Help Improve Your Case If You've Been In An Car Accident , Devon Glass , September 17, 2009 8:39 AM

Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash, Pierce Egerton , September 18, 2009 4:28 PM

What To Do After An Accident When The Adjuster Is There First, Mike Bryant | September 19, 2009 6:26 PM

What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?, Wayne Parsons | 20 September 2009 12:01

And this one, What makes a case good or bad?, Steve Lombardi, 21 September 2009 12:57 PM

Originally posted at InjuryBoard by Steve Lombardi