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.
Home » Unlabelled » You Have A Legitimate Insurance Claim But You Foolishly Got Yourself A Legal Begal - - Now What?
You Have A Legitimate Insurance Claim But You Foolishly Got Yourself A Legal Begal - - Now What?
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