St. Cloud Personal Injury Lawyer - Legal Advice

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 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

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 To Do After An Accident When The Adjuster Is There First

Mike Bryant — Sat, 19 Sep 2009 18:26:22 GMT

The blog pack is back, 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

each will provide a blog this week. The topics will revolve around issues that we see in our day to day practices.

My article discusses issues that arise in the days right after an injury, especially for people without lawyers. Rick Shapiro nailed a number of the issues with a great start: Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care).

Joe Crumley and I have addressed the issue a couple of times in a couple of different ways. I look forward to this chance to add to the discussion.

I'll start by looking at the time right after the collision. You are at home, in the hospital or maybe even still at the scene. Out of the blue, an insurance adjuster shows up. They want you to sign papers. In some cases are even trying to hand you a check.

For the insurance company, it's a way to get out of liability and to close the file. They know that there is a percentage of people who really need money, so they will prey on that group. In these economic times, it probably is happening even more often.

There are a number of points to consider:

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

- When the settlement discussions are going on, how does the adjuster not reach the point of practicing law? Are there questions about: if the person needs a lawyer, about the value of the case, or discussions about fault? All of these get very close to giving out 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.

- 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 and your property damage. I look at the $500.00 offer this way. If you meet a threshold and have a permanent injury, is there any way that is worth $500.00? If you don't , well what did you really lose by waiting and making sure?

- Most of these settlements are quick. They take place 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 complete year. 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.

My advice is don't sign anything until you talk to a lawyer that works in this area of the law. Someone that can answer your questions and has been through this many times before. Someone that will be able to tell you if you have a case, if the offer is fair and most importantly, can legally give you the advice.

Now stay tuned and check out the other posts that are part of this series:

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

Originally posted at InjuryBoard by Mike Bryant

Question of the day: Don't Be Afraid To Ask Your Question

Mike Bryant — Tue, 30 Jun 2009 09:46:00 GMT

During the month of June, I have been addressing common questions that get asked in our practice. Today's Question is really advice: Don't Be Afraid To Ask Your Questions.

It is imperative to the attorney client relationship that you ask the questions that you have. If you are at home- write them down and call when you need to. There is nothing like information that would have help the case but for some reason was never asked about. Always keep in mind, that you hired the attorney. It's not the other way around. So if you have a question make sure you get it answered.

These questions and answers were 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 Mike Bryant

Question of the day: How Do I Not Become A Defendant?

Mike Bryant — Mon, 29 Jun 2009 09:39:00 GMT

During the month of June, I am addressing common questions that get asked in our practice. Today's Question is: How Do I Not Become A Defendant?

In the past I have received phone calls asking me if there was potential liability if a certain situation came up. Listening they usually come from people trying to do the right thing and who have in the past been involved in a lawsuit or at least been around one. They almost always involve the caller making money off the activity.

The call basically goes like this. I'm thinking of doing this venture, would I get sued if someone gets hurt? In answering the question , I often start with a maybe. Depends on how badly a person is injured. If they are killed or kill someone else and your activities contributed to that happening it is highly likely that you will be included as a defendant. Same thing if a serious injury is involved. Seems like most callers expect that answer or at least were concerned enough about it to make the call.

Next I spend time on what it is that they are doing to make sure that kind of tragedy is avoided. It surprising how little time seems to have been spent on the proactive side of prevent the future problem. This part of the conversation can move to a good exchange as they begin to come up with ideas of protecting the customer from injury and themselves from resulting liability.

The call will usually end with how they were sued this way in the past or heard of a case where this happened. I believe this is evidence we've gotten to the point of discussing the real reason they called. I do my best to sort through the tort reform myths that can be added to their explanation. And hopefully help them think through the potential future problems. In a couple of cases I've had these same people later call back with cases of their own, mainly because I was the only lawyer that talked to them with their first question.

Reviewing the calls the analysis is usually broken down as:

1) Is the danger realistically likely to happen?

2) what can be done to make sure it doesn't happen?

3) What is the concern that is the basis for the call?

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 Mike Bryant

Question of the day: What if the insurance company sends me to their doctor?

Mike Bryant — Fri, 26 Jun 2009 08:40:00 GMT

During the month of June, I am addressing common questions that get asked in our practice. Today's Question is: What if the insurance company sends me to their doctor?

If you are sent for an adverse, or what they call an "independent medical examination," you need to talk to someone who is skilled in that area of the law. These doctors are routinely hired to see lots of people and often come up with many of the same answers. It is important that you know what you are required to do in these examinations, as well as what the doctors are not allowed to do. There are horror stories of people being injured in these examinations, forced to do things they are not required to, and being verbally abused.

On the other side, on occasion, there are some doctors who come off as being very friendly. Clients are later shocked to find out how negative the report is compared to the nice doctor who examined them. You need to keep track of how long you are with the doctor, what happens during the examination, and if there was anything strange or unusual that came up. It is also helpful to review the report with a knowledgeable attorney in order to ensure that all the basic information was taken down correctly.

Originally posted at InjuryBoard by Mike Bryant

Question of the day: Should I give a statement to the insurance company?

Mike Bryant — Thu, 25 Jun 2009 09:27:00 GMT

During the month of June, I am addressing common questions that get asked in our practice. Today's Question is: Should I give a statement to the insurance company?

Some insurance contracts do require it. If it is required by your contract, the answer in many cases is going to be yes. The difference that can be made by you being represented is how well you are prepared for the statement, as well as being able to have someone there with you to represent you. It is clear, when the adjusters are calling to get these statements, that they are doing it to limit their own 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. We also have experienced enough of the importance of certain questions 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 on the importance of what is about to happen.

Originally posted at InjuryBoard by Mike Bryant

Question of the day: How should I fill out forms?

Mike Bryant — Wed, 24 Jun 2009 09:33:00 GMT

During the month of June, I am addressing common questions that get asked in our practice. Today's Question is: How should I fill out forms?

You should always tell the truth. Keep in mind that these forms are very important and will be looked at by adjusters, defense attorneys, and even potential jurors someday. Thus, sloppy and/or incomplete answers can play a big role in your case later on. As with signing anything, we always suggest that you consult with a skilled personal injury attorney before filling forms out for the insurance company. With your own doctor, you may want to ask them what exactly they are asking about before you fill out long questionnaires. These are very important answers, and need to be taken seriously.

Originally posted at InjuryBoard by Mike Bryant

Question of the day: Why do I sign so many authorizations?

Mike Bryant — Tue, 23 Jun 2009 09:16:00 GMT

During the month of June, I am addressing common questions that get asked in our practice. Today's Question is: Why do I sign so many authorizations?

Different medical providers often require different authorizations. Due to changes in the HIPAA law, many medical providers have come up with their own types of authorizations which over various areas of that law. Further, there are limited authorizations which we give the other side. It is not uncommon to see a new client come in with authorizations that their insurance company originally provided to them. The difference with our authorizations is they limit what it is that the other side is able to obtain and also most important limit or prevent the other side from talking directly to your doctors. We have seen cases where contact with the doctors of unrepresented clients has significantly affected not only opinions, but also an individual’s claim dramatically. This is probably one of the most significant areas where hiring a skilled and knowledgeable attorney makes the most sense.

Originally posted at InjuryBoard by Mike Bryant