California Personal Injury and Insurance Blog

Prior Results Mean NOTHING!

In my report on hiring an attorney, my first point is very important, especially these days. Prior results mean nothing. As I say in my report "

A lot of attorneys like to tell you about their other cases. However, your case is different. Each case has its own facts. Just because they got someone else millions of dollars does not mean that your case is worth that, or that they will get you that result"

Why does this matter? Let me give a few examples.

1. Client is injured with $6,000 in medical bills. The case settles for $15,000. Is that a good settlement? Maybe. But maybe the defendant only had a $15,000 insurance policy and the insurance company settled because the possibility of a jury verdict over $15,000 convinced them to pay money now.
2. Case settles for $1,000,000. Is that a good settlement? Maybe. But maybe the person had $1,000,000 in medical bills. Maybe the case was worth $3,000,000 but the attorney was afraid to try it or had no experience in settling large value cases. Then the settlement may not be so good.

My point is simple: finding out that someone got $1,000,000 on a particular case may or may not be instructive of the quality of the attorney. There are a thousand other factors to consider. Thankfully, most of this information can be learned fairly easily, including checking Avvo, an independent attorney rating website.

For more on hiring an attorney, email me at hiringatty@jonathangstein.com for your free report.

What makes a trial lawyer?

This is always a fascinating argument. Here is the debate out of Memphis, TN from my friend James Ferrell.

This is simple from my perspective. First, if you want to call yourself a trial attorney, you need to try cases. That is what people think of when they think of trial attorneys. They think of an attorney who is in court.

Second, if you are looking to hire an attorney, you want a trial attorney. Why? Because that person will get more respect from the insurance companies. They know that an attorney who tries these cases will cost them more money. And they know they can, and often do, lose. Additionally, the insurance company knows that they do not have to make a fair offer to an attorney who does not try cases because there is no downside to them. They know he will settle the case at some point.

A trial attorney: someone who actually tries cases. And that is who you want on your side if you have been involved in a car accident.       

The value of a good lawyer

Some people think a good attorney can just increase the value of your case. And he or she can, as I will discuss. But, before we get there, a good attorney can help you avoid wasting your time.

Case in point: attorney asks me today if his client can pursue a claim against his insurance company when the client was at fault for the accident. The answer, as every driver's ed student at Franklin High knows, is no. Uninsured motorist coverage only protects you if the at fault driver has no insurance. There is no insurance to pay you if you cause an accident.

But, this attorney was actually pursuing this claim. How much time and energy were wasted on a case that never had value? Too much.

In addition to avoiding wasting your time, a good attorney will get you more for your case. Insurance companies do not want to talk about it. But, their own reports show that an attorney can get you 30 to 70% more, on average, then you can get on your own.

How do you hire the right attorney? Besides reading my blog, you can get my free report by emailing me at hiringatty@jonathangstein.com to learn how to hire the right attorney and how that can get you everything you are entitled to after an accident.

Health Insurers latching on

Interesting story out of Minnesota. Tom Cary lost his wife to medical malpractice. His health insurance paid for her treatment. He filed a lawsuit against the negligent doctor. The health insurer, instead of pooling its resources with Tom to fight and recover the money, put a lien on his deceased wife's estate to recover the money it paid out. Yes, the premium that Tom paid for years didn't matter. The health insurer wanted to get paid.

And get paid they did. $60,000 out of an undisclosed settlement. And yes, this can and will happen to you if you have an ERISA plan.

In addition to all of the other reasons you have to contact an attorney, you need to see if you have an ERISA policy and if your health insurer may be entitled to reimbursement before you recover any money! 

Do you have a MIST case?

Do you even know what MIST means? Probably not. MIST cases are an acronym for:

Minimum
Impact
Soft
Tissue

The "minimum impact" part usually means there is less than $1,500 in damage to your car. This does vary by insurance company.

The "soft tissue" part means that you have what is commonly called whiplash. You have a neck and back injury. Simple enough.

MIST cases are different from other cases. Insurance companies take these cases very seriously. They spend a lot of money defending them, investigating them and paying "expert witnesses" for their opinions. Insurance companies hate paying out on these.

So, what do you do? Hire an attorney who handles these - a lot. Or better yet, hire someone who actually teaches other attorneys how to handle them.

I just released a new book for attorney on litigating MIST cases. If you have a MIST case, you should talk to someone who has experience like this.

FAQ: Can I get a second opinion?

Q: My attorney is telling me to settle my case. I don't want to. What can I do?

A: You should either pay for a consultation with another attorney or you should talk to your attorney about your case more.  However, if talking with your attorney does not satisfy you, then you should probably get a copy of your file and pay for a consultation with another attorney.

The Yellow Pages and Hiring an Attorney

A lot of people go to the yellow pages to hire an attorney. After all, where else can you find such a comprehensive list of attorneys looking for work? Okay, you may be able to find such a list on the internet, but with the yellow pages, you know they are all in your area, right?

Well, maybe. There are some attorneys who get a local phone number and even an executive suite in a town and don't maintain a presence. But, this is maybe 10% of the attorneys. So, most of the attorneys are probably still close.

But, the yellow pages is not a great way to find an attorney. Why? Because the size of the ad, the colors, the words means absolutely nothing when it comes to whether the attorney can represent you and whether the attorney has any idea what he or she is doing. A fancy yellow pages ad costs money.

So, you think someone who takes out an ad has lots of money to pay for it, right? Maybe. Maybe they are paying for it with credit. Maybe they are paying for it with their settlements, but not paying anything else. Maybe they aren't even paying for it!

Before you hire an attorney for a car crash or personal injury case, make sure you hire the right attorney. Email me for my free report on 10 ways to avoid the wrong personal injury attorney for your case.

Getting a second opinion

I am all in favor of a second opinion. If the doctor tells me I need surgery, I am going to get a second opinion before I do it. Second opinions can be useful.

But, sometimes people call me or email me and ask for a second opinion on their case. I have a few comments on this:

1. If you just want a second opinion and don't plan on hiring me, don't expect the opinion to be free. I don't mind giving a free consultation to a prospective client, but I am not going to give you a free second opinion when you have no interest in retaing me.

2. Don't expect to send me a two or three paragraph email and get a response. I can't give you a second opinion on that little information. If you really want a second opinion, call my office, set an appointment, and bring a copy of your file. (Get it from your attorney first.)

3. Don't hire an attorney based on a second opinion. I can recall a couple of former clients who got a second opinion and hired the attorney without talking to me again. They ended up with offers that were identical to what I had received for them. Question the attorney on the second opinion and make sure that it is based on solid facs.

A second opinion can be important. And these three guidelines will hel it go smoother.

Hiring an attorney: Why it is SO important

I could give you a million reasons why hiring an attorney is so important. From the respect he or she gets from the insurance company to his or her ability to talk to you so that you understand to the ability to resolve a case. There are a million reasons why hiring an attorney is so important.

But, today, I want to talk about a very important reason to hire the RIGHT attorney: trust. You must trust your attorney. And, I mean completely. Why? First, because you are going to be telling your attorney a lot of things. How you are feeling, what you missed as a result of the accident, and other personal issues. Heck, you may even need to talk to your attorney about a pending or imminent divorce.

But, more importantly, at some point in time, your attorney is going to give you a recommendation: settle the case, file a lawsuit, take the case to trial. Something along those lines. And, if you do not trust your attorney, you will not follow his or her advice. Now, sometimes you shouldn't follow his or her advice. But, 99% of the time, you need to follow his or her advice.

Make sure you trust your attorney BEFORE you hire him or her. And if you start to question your attorney, get in to his or her office as soon as possible to talk about the issue.

What is your case worth?

I recently received a few phone calls from people trying to settle their own cases. They go to the doctor. They get their medical records. They send them to the insurance company. And then they get a response from the insurance company that is substantially lower than what they think the case is worth. And, they get upset.

Why? Yes, that is a real question. I don't understand. Unless you have been in more than 5 or 6 accidents, and all of those accidents are similar, why do you think you know what your case is worth? Again, a real question.

Don't get me wrong. The insurance company is going to make you a low offer. In most cases, they do not make a fair and reasonable offer as is required by the Fair Claims Practices Act. But, in some cases they do make a fair and reasonable offer. How, as a lay person, do you know the difference?

When someone asks me why I think a case is worth a certain amount, I have a reason. That reason is based on experience (settling thousands upon thousands of claims) and the facts of each case. But, as a lay person, you don't have that experience. Therefore, when you tell the adjuster that your number is right and their number is wrong, they have no reason to agree with that.

As I have said before, there is no magic formula. If there was, the insurance companies would fire all of their adjusters and hire people at $8 an hour for data entry only. There would be no personal injury attorneys and no more lawsuits. So, consult with an attorney. Even if you do not hire you, you should at least talk to someone.

Oh, and if you can tell me why you know what your case is worth, I would love to hear it. I will give a prize to the first person who can rationally explain to me why they know exactly what their case is worth without talking to an attorney.