Attorneys with little experience in car accident cases do not understand how much time and effort each case requires. An attorney must attain a vast array of records (police reports, recorded statements, medical records and bills from multiple providers, insurance statements, worker’s compensation payment ledgers) in order to paint the best picture of your case. Most lawyers take the easy way out, especially if they have too many cases or are not willing to put in the effort for smaller claims. Many fail to attain the complete record and fail their client.
Call Back and Communication
Personal injury attorneys are notorious for signing up cases and never pursuing cases. Six months pass and the client receives a letter of disengagement in the mail. The case is not resolved and the client is left holding the bag without any idea what to do next. Ask your attorney about their callback policy – ours is 48 hours guaranteed.
Statute of Limitations
Inexperienced personal injury attorneys may not realize that they have two years to file motor vehicle collision lawsuits, but only one for a slip and fall. If you attorney misses the deadline, your claim is finished.
Understanding Insurance Companies
Attorneys take on auto injury cases expecting easy money, but often do not expect the nightmare that ensues due to their lack of preparation. The insurance company rejects liability and the attorney panics and drops the case. However, this is just a common method used by insurance companies to scare off lazy or inexperienced lawyers. An experienced personal injury attorney knows how to overturn initial denials through persistence and evidence.
Preparing a Demand
Inexperienced personal injury attorneys do not properly format their demands. They often send a few records and neglect telling the story, which results in an awful bargaining position. In addition, this mistake tips the insurance company off that the attorney has no idea what he or she is doing.
If you are a plaintiff in a personal injury case, I challenge you to ask if your lawyer willing to litigate or has ever litigated an auto injury case – 9 out of 10 will say no. The insurance companies know who will call them on their bluff and who will not. If your lawyer has never followed through with a threat to sue, then his or her reputation will hurt your case.
Inexperienced attorneys will put a low value on your case. If they reach that value, they call it a good day. I promise you, it is not. Experienced attorneys start with the maximum value possible and work their way to a number based on the facts. However, an experienced attorney also know when they need to call the insurance company on their bluff. Make sure your attorney knows when to settle and when to litigate.
Author: Justin May, Esq.
Justin May is a founding partner and owner of the Dixie Law Group, PSC. Justin was ranked as a top 10 personal injury attorney under 40 in Kentucky in 2016. Justin focuses his practice on all types of PI cases, but specifically on car accidents.
If, you, a loved one, or a friend was recently in a car wreck call the Dixie Law Group today!
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