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


So, you have been injured in some type of accident. If that is the case you may have already received letters, brochures, pamphlets, DVDs, etc. from law firms all over the state, and even out-of-state if your claim is potentially large. While it is usually a good idea to consult with a lawyer if there is anything about the claims process you don’t understand, the truth is that NOT EVERYONE WHO HAS AN ACCIDENT NEEDS A LAWYER. You may find in the following circumstances that you are better off without a lawyer.

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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Please be aware that the material located on this Web site is for general informational purposes only and is not intended to and should not be relied upon as a legal opinion or legal advice regarding any specific issue or case.

This web site is not intended to be advertising, solicitation, or legal advice. This Web site should not be considered as a substitute for individual legal advice from an attorney in your jurisdiction.     As such, receipt of this information does not create an attorney-client relationship between the reader and the firm. Only a formal consultation or a signed agreement with this law firm can create an attorney-client relationship. Please consult an attorney for individual advice regarding your specific situation.

Information on this Web site is provided "as is" without warranty of any kind, either express or implied. Under no circumstances shall Miner & Lemon, LLP be liable to you or any other person for any damages of any amount or character arising from your access to, or use of, this web site.

Links on this web site are not intended to be referrals or endorsements of the linked entities. The linked sites are not under control of Miner & Lemon, LLP and Miner & Lemon, LLP is not responsible for any Web site to which it is linked.
The use of internet email for confidential or sensitive information is discouraged. We will neither accept requests for legal advice nor offer specific legal advice over the Internet.
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DISCLAIMER
Please be aware that the material located on this Web site is for general informational purposes only and is not intended to and should not be relied upon as a legal opinion or legal advice regarding any specific issue or case.

This web site is not intended to be advertising, solicitation, or legal advice. This Web site should not be considered as a substitute for individual legal advice from an attorney in your jurisdiction.     As such, receipt of this information does not create an attorney-client relationship between the reader and the firm. Only a formal consultation or a signed agreement with this law firm can create an attorney-client relationship. Please consult an attorney for individual advice regarding your specific situation.

Information on this Web site is provided "as is" without warranty of any kind, either express or implied. Under no circumstances shall Miner & Lemon, LLP be liable to you or any other person for any damages of any amount or character arising from your access to, or use of, this web site.

Links on this web site are not intended to be referrals or endorsements of the linked entities. The linked sites are not under control of Miner & Lemon, LLP and Miner & Lemon, LLP is not responsible for any Web site to which it is linked.
The use of internet email for confidential or sensitive information is discouraged. We will neither accept requests for legal advice nor offer specific legal advice over the Internet.