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You Have A Legitimate Insurance Claim But You Foolishly Got
Yourself A Legal Begal - - Now What?
by: Dan Baldyga
YOU MUST STAY ON TOP OF THAT HOUND DOG FOR TWO HUGE REASONS: First because
that's the only way to make sure he does his job correctly. If you don't watch
him like a hawk you could end up on the short end of a very long stick! And
second, because most Legal Beagles think they’re overworked (if you don’t think
so just ask them!) and they incorrectly feel they don’t have the time to spend
on your case today, tomorrow or even six months from now. The truth is you’ve
signed his Contingency Fee Agreement so he knows you’re in his back pocket and
someday, when he decides to make his move, you’re still locked in. Most have
convinced themselves they’re too busy to fuss with your case for awhile. Unless
you bug them on a regular basis they’ll let years drag on before it gets settled.
If you've entrusted your case to one of the larger Legal Beagle dog houses
in town (a big mistake) you've probably been passed on to a fumbling puppy just
out of law school. Huge firms handle thousand’s of top-dollar cases. Yours will
be on a slow assembly line with that puppy sniffin’ at pant legs and nippin'
at heels, acting as though he knows what he's doing. You gotta stay close because
the youngster you've been stuck with has little experience and he usually doesn't
have the foggiest idea how to properly handle your claim.
You must stay active, throughout the whole process, no matter which Legal Beagle
you hire. Demand that you receive copies of all correspondence that are sent
out on your behalf, request you be copied in on everything sent to your Beagle
from the insurance company or its lawyers, and insist on eye-balling the medical
records sent to your lawyer (by your attending physician, the hospital emergency
room, etc.) to make sure they're correct. (If they don't go into detail than
the typically sloppy reporting, by attending physicians and other medical people,
will be bedding you down with a rattler. If you don’t want to die of snake bite
you must return those Medical Report’s to your "doc" and tell him he's gotta
be more specific or you're gonna end up with a helluva lot less money than you
should!).
The only way you'll ever be sure your Beagle is being straight with you is
if you insist on all of the above. Also, if your lawyer knows you're keeping
close tabs on your case, he’ll put it on the "front burner", keeping it off
the "back burner" - - where the majority of his cases are usually cooking -
- under a very low flame.
You must know what's going on with your case at all times and if you’re considered
to be a pain in the butt than so be it. Make it known to your Beagle that you're
not going to let your case disappear into a bottomless pit . What I'm telling
you here is very simple: Don't let your case drag on and on. If you stay on
top of things it'll get settled much sooner!
When your medical treatment is finished tell your Beagle and insist that he
immediately gather up your records, and organize them into a "Settlement Package".
What I mean by that is, a collection of your medical bills and reports, a list
of all physical damages, with a thorough explanation of each, etc. Once done
your lawyer should get that into the insurance company's hands just as soon
as possible.
The first settlement offer should be made to him no later than 3 weeks after
that "package" has been sent to the insurance company. If it isn't find out
why. Be a pest, call that Beagle and push him. Your case should be settled within
6 weeks. If it isn't you tell your lawyer, "Sue the bugger‘s." To do that should
take no more than an hour or two to complete - - even the puppy can do it. Those
papers should be ready in a week. It's not asking too much for the suite to
be filed by the time another week passes. But, this will only happen if your
Beagle is humping away and staying on top of things. Lawyers need to be pushed
by their clients or they'll sit on their butt's doing other "stuff". Most of
them wait forever to move on a case when they could have had the job done in
several months.
DISSATISFACTION WITH YOUR LAWYER: "The first thing we do, let's kill all the
lawyers." Those words, written several hundred years ago by Shakespeare, still
sums up the feelings of a lot of people. That's because Legal Beagle's don't
bother touching base with their client's. Telephone messages aren't answered
right away - - sometimes never. The way most lawyers treat their clients leaves
them feeling ignored and powerless!
So, what’s the solution? A “Give Him Hell” letter to your lawyer, sent Certified
Mail Return Receipt Requested, will get his attention, and in most cases (unless
he’s a blazing idiot which some of them are) assure a prompt phone call. The
letter should clearly state your complaints, and also your thoughts about hiring
a new attorney - - quick like a bunny - - if the necessary steps aren’t taken.
CHANGING LAWYERS: This is a very difficult move so it must be well thought
out. The following are some facts you must be aware of:
The new lawyer will ask you to contact the old lawyer telling him to turn your
file over. If you have foolishly agreed to pay some of your old attorney’s costs
(above and beyond the Contingency Fee Agreement you’ve signed) the two of them
will have to work that out. The old lawyer may agree to wait and not be paid
his costs until the new lawyer has settled your case, but (and this is usually
the way that ball bounces) he may not! If that’s the situation you may have
to pony up some big bucks before he turns your case over to the new lawyer.
The new Legal Beagle will want to review the file a soon as possible to determine
if he wants to take it on. If it looks like some money can be made, the new
lawyer may take it, but that’s a long shot. Why? Because your case has to be
an outstanding “goodie” - - with a huge payoff potential for the lawyer’s “Contingency
Fee”. Both Beagle’s (and there’s no way out of this one) will have to split
that fee. If there’s not enough money to go around the second lawyer won’t be
interested in taking you case. If that happens, you’re gonna be left with an
upset attorney. Chances are he’ll let your case slip into
Limbo for years to come. That’s the risk you take when you try to dump your
Beagle. Insurance companies react in various ways to a change in lawyers. They
may view the switch as a sign that your case, or you, are a “problem”. There’s
no doubt that the switch will tell the insurance company something is wrong.
If they smell smoke, they’ll suspect a fire is probably blazing. This can result
in an increased reluctance to settle. On the other had, the new lawyer may breath
needed energy into the case, causing the insurance company to start thinking
seriously about settlement - - but that’s a long shot. I wouldn’t bet on it.
THE BOTTOM LINE
Be sure to pick a good Legal Beagle to begin with, because you’re probably
gonna be stuck with that hound dog right to the bitter end!
DISCLAIMER: The only purpose of this claim tip is to help people understand
the motor vehicle accident claim process. Neither Dan Baldyga nor ARTICLECITY.COM
make any guarantee of any kind whatsoever; NOR do they purport to engage in
rendering any professional or legal service; NOR to substitute for a lawyer,
an insurance adjuster, or claims consultant, or the like. Where such professional
help is desired it is the INDIVIDUAL’S RESPONSIBILITY TO OBTAIN SAID SERVICES.
Dan Baldyga’s fourth and latest book Auto Accident Personal Injury Insurance
Claim: (How To Evaluate And Settle Your Loss) can be found on the internet at
http//.www.autoaccidentclaims.com or http://www.caraccidentclaims.com.
Copyright (c) 2003 Daniel G. Baldyga. All Rights Reserved.
About The Author
For 30 years Dan Balddyga was a claims adjuster, supervisor, manager
and also a trial assistant. He is now retired and spends his time attempting
to assist those involved in motor vehicle claims so they will not be taken
advantage of..
dbpaw@comcast.net
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