TV Lawyers and Personal Injury
“Personal Injury.” To many people, those words conjure thoughts of television lawyer advertisements that often seem to run on an endless loop. But for people who suffer legitimate injuries caused by car accidents, motorcycle accidents, medical malpractice, nursing home negligence, falls, or otherwise, the effects of a personal injury can wreak havoc on a person’s life. Such injuries result in hospitalizations, doctor’s visits, physical therapy appointments, insurance claims, and numerous questions about legal rights. Most people do not know how to navigate the complexities of insurance claims and the confusing terms of insurance policies. An experienced lawyer provides valuable representation at a time of significant stress, allowing you to focus on healing in whatever way is necessary for your unique situation.
Unfortunately, most people think the only lawyers who practice personal injury law are those they see on television and billboards, but like anything in life, looks can be deceiving. If you are hiring a personal injury attorney based solely on a television commercial, billboard, phone book advertisement or direct mail solicitation, you are potentially making a huge mistake. You won’t see Keough + Sweeney advertisements on television or billboards, but we have successfully handled numerous personal injury claims in our twenty years of practice. In fact, recommendations from former clients are one of our main sources of new cases, which is one of the reasons you won’t see our picture driving by you on the side of a bus. And while we hope you never need a personal injury lawyer, the truth is, there are many factors to consider before you hire an attorney. As with most things in life and the law, there are exceptions to every rule, and the following doesn’t apply to all lawyers who advertise, but here are some things to think about before hiring any personal injury lawyer (whether they advertise or not):
Not All Personal Injury Lawyers Provide Personal Attention
Many times, people who hire a widely-advertised lawyer will never actually interact with that attorney. They will be forced to talk to paralegals or case managers. Often, lawyers who heavily advertise try to cast a wide net to get as many simple, cookie-cutter cases as possible. This allows them to maximize the return on their advertising investment by spending as little time as possible on each case. The way to make the most money per hour as an injury lawyer is to get a lot of cases and settle them long before trial – even if it means settling for less than what clients deserve. For an average case, it takes far less time and effort to reach a quick, but small, settlement than it does to maximize the value of the case through hard work and preparation.
Not All Personal Injury Lawyers Go to Court
Most people believe that all personal injury lawyers go to court and try cases on a regular basis. Nothing could be further from the truth. Many times, the lawyer you see advertised is just a figurehead for a firm. They may not ever see or work on your case, and they may never step foot in a courtroom to try your case. This can severely disadvantage the client. The insurance company must believe that your lawyer is ready, willing and able to try the case in court. Insurance companies know exactly which lawyers will go to battle for their client when the offer is not acceptable. You want a lawyer that insurance companies know is a tough, experienced and competent opponent; one who will not be pressured into a bad settlement. If you hire a lawyer who always settles and never goes to court, you will likely have to take a substantial discount on your case.
Not All Fee Agreements Are Made Equal
Anyone who has ever seen any type of advertisement from personal injury firms quickly learns that every injury lawyer makes the same offers: “No fee if no recovery” and “Free initial consultation.” A lawyer who offers you a free consultation and tells you that he or she will not charge a fee unless there is a recovery in your case is not offering you anything out of the ordinary. Unlike traditional attorneys who typically bill by the hour regardless of the outcome of your specific case, most personal injury lawyers handle injury cases on a contingent fee basis. A “contingent” fee means is a percentage of the amount recovered (usually 33.33% of the amount recovered). That means that the lawyer will not charge the client a fee unless there is a recovery. Sounds simple, right? Not so fast. This is an area where personal injury victims need to be careful before they hire a lawyer for their case.
If a lawyer agrees to calculate his fee based on a contingent basis, and loses the case, you don’t owe anything. One third of nothing is nothing. However, clients must understand that there is a big difference between attorney fees and case “expenses.” Almost every personal injury case will entail some case “expenses” that need to be paid to prepare the case properly. Case expenses are monies paid to third parties to keep the case going: expert witness fees, court reporter fees, charges for medical records, charges for physician reports, filing fees and many other expenses that go into a personal injury lawsuit. Some lawyers – including Keough + Sweeney – have a policy of not asking the client to reimburse the law firm for the “out of pocket” expenses when there is no recovery. Other lawyers expect the client to reimburse the law firm for all the expenses no matter what the result. As someone with choices, you need to find out the lawyer’s policy on expense reimbursement in situations where the case is lost. If a lawyer tries to tell you “don’t worry about it, I’ve never lost a case,” don’t accept that response. Even the very best personal injury lawyers lose cases from time to time.
At Keough + Sweeney, you will receive personal attention from attorneys who are willing to put in the necessary time and effort your case deserves. We are skilled at negotiating successful settlements for our clients, but won’t hesitate to take your case to court if we can’t reach a favorable resolution. And in the rare instance we cannot recover anything, you won’t pay a fee, even for expenses.
