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Blog

PERSONAL INJURY

• Drop in Motorcyclist Deaths Linked to Bad Economy
• Teen girls catching up with boys as reckless drivers
• Marion County Jury Awards $10.2 Million in Jay Scoots Wrongful Death Case
• Medicare Law throws obstacles in the way of personal injury settlements.
• Out Running the Ambulance Chasers authored by Bill Fawley, Esq.

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Library

PERSONAL INJURY

• "Outrunning the Ambulance Chasers" by Bill Fawley, Esq.
• Why You Probably Need More Automobile Insurance Coverage
• 8 Ways to Wreck Your Injury Claim at the Doctor's Office

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"Outrunning the Ambulance Chasers" by Bill Fawley, Esq.

1. The accident in which you were injured was clearly your fault.

Some states have very restrictive laws regarding fault that mandate that an accident victim cannot recover for injuries suffered in an accident if he/she was even one percent (1%) at fault. Other states are “no fault” states, making fault irrelevant unless the injuries caused reach a certain threshold. Indiana law is based on comparative fault. Therefore, a determination of fault is always relevant and fault is apportioned among the participants in the event, but you cannot recover damages from another party for injuries you caused. If the police report, witnesses, and the known facts of the accident show that you were the primary cause of the accident in which you suffered personal injuries, you may not need a lawyer.

*If you caused injuries to others that may be in the excess of your own liability coverage, your insurance carrier may advise you to consult a lawyer to protect your interests.

2. The value of your claim is too small.

Studies have shown that accident victims who hire attorneys receive more for their claims then those who don’t, but sometimes claims are small enough that the additional recovery is not enough to pay attorney’s fees and still come out ahead. Litigating a personal injury claim can be expensive and time consuming. Attorneys differ in their opinions about when a claim is too small to handle. The key is to have an open and honest conversation with any attorney you are considering hiring about whether or not you are going to be better off with or without their help. If they refuse to have that discussion, look for another attorney.

3. The only medical treatment you have sought for your injuries is chiropractic care.

This could be one of the evidences that your claim is too small, but I refer to it separately because the situation comes up frequently. We are not taking any position against chiropractors or making any statement that is meant to devalue the services they provide, however, it is my opinion that juries in conservative states like Indiana do not place a high value on injuries for which patients/accident victims seek only the treatment of a chiropractor. This is probably partly related to the fact that many people who have not been injured in an accident also regularly visit chiropractors for essentially the same treatments.

4. There is no visible damage to your vehicle.

Because lawyers should only accept cases they are willing to take all the way to trial (unless otherwise agreed upon) cases in which your vehicle did not receive any visible damage could pose problems. As above, it is my opinion that juries do not generally believe that an impact so minor that it causes no damage to a vehicle can cause a serious injury. They tend to closely link the magnitude of the wreckage with the magnitude of your injury. If there are no marks on your vehicle, you may be better off without me.

5. You have suffered repeated injuries to the same body part that make it impossible to sort out the cause of additional problems.

Occasionally someone is unfortunate enough to suffer repeated injuries to the same part of the body. It becomes increasingly difficult after each successive injury to determine what part of the damage was caused by prior injuries. You need to be very open about prior injuries with any lawyer you consult with so they can make an informed determination about whether they can help you.

Under some circumstances when you are injured the best advice you can receive from an attorney is that you will be better off handling the claim yourself. If you bring your case to my office, and that is my conclusion, I’ll tell you.

I have written an informative book about the claims process called Outrunning the Ambulance Chasers. One whole chapter (Chapter 5) is devoted to helping you answer the question, “Do I need to hire a lawyer?”

To order our free copy of the book email annettec@lawwarsaw.com

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