Insurance Companies and Their Lawyers Conspire to Defeat Your Legal Compensatory Rights
It’s a sad case when people don’t call an attorney until something happens that sinks their chances of winning: usually due to the tactics of an insurance company and their high-priced lawyers. We can tell you through experience that those who call us sooner than later have a much easier time winning their damage claims and cases than those who call us as a last resort, or if too much time has passed, or if they tried to handle this matter themselves and botched the thing. By first-attempting to represent themselves, and handle the issue alone, accident victims are often misled by the defendant’s insurance companies they have been dealing with. Insurance carriers know how to fool injury claimants and entice them with lowball compensation amounts.
We’ve spoken to many people who have settled, then later come to us when they realize they’ve been hoodwinked into thinking they’ve won, when in fact, not only did they lose, they were thoroughly beaten by opponents who knew the law, and the great deal they got by getting you to settle for pennies on the dollar. The crushed looks on their faces when we tell them they’ve already had their one bite at the “compensation apple” are sad indeed because they signed the release that accompanied that puny little check. So the defendant (and his insurance company) is off the hook and doesn’t owe them another dime.
Consider this example: our Law Firm was recently approached by a man who was filing a personal injury lawsuit after being injured in a car accident and suffered around $75,000 in damages. On the surface, his case was quite strong, and we could have secured a large settlement for him; much larger than his $75,000 claim amount had we represented him. However, the man was concerned about legal fees eating into his “winnings,” and he was convinced that he could represent himself effectively.
After a few months of negotiating with insurance adjusters, he was offered a $3,000 settlement for his injuries. He contacted our firm again for advice and said he was considering hiring an attorney to represent him. Ultimately, however, he decided to continue to represent himself. He thought that he could frighten the insurance company into offering him a fair settlement if he just threatened to file a lawsuit.
But he didn’t and continued to represent himself. The defense attorneys on retainer at the insurance company filed a list of admissions for the man to respond to. The man did not know how to respond (and likely did not even realize that a response was necessary). The defense attorneys received no response from the man, so they filed a motion for summary judgment of dismissal on the grounds that the man failed to respond to a list of admissions. The judge agreed to the judgment and the case was dismissed “with prejudice” because of his non-response to the admissions list request. The man not only walked away with nothing but because the case was dismissed with prejudice, he couldn’t go back and file again. A sad tale indeed.
Contrary to what you might think, knowing the law itself is only about 30 percent of the equation that produces a successful personal injury case. Just about every legal triumph is a direct result of experience, and knowing how to execute the procedures, proves the damages properly and establishes a strong tie between the defendant’s actions and the plaintiff victim’s injuries. Your Texas personal injury attorney’s ability to convince the jury that hears your case is another gift that separates your abilities from ours. This is how to win a personal injury trial. When it comes to any profession, from race car driver to CEO to personal injury lawyer, experience wins. The gentleman we just spoke of learned that valuable lesson the hard way. The next time you can bet he’ll look at what a Texas personal injury lawyer can do FOR his wallet because he now knows firsthand what an opposing attorney can do to it.
Anyone can read a law book. A lot of you know how to read all those “free advice” legal Web sites. Many people fashion themselves as tenacious negotiators in business and know how to “do deals” similarly to the sort they think we might do in seeking fair settlements with insurance companies. But when it comes to personal injury, someone on your side must know how to apply the law by using the proper procedural methods and their skill that only years of experience have honed to a fine edge.
Against a lawyer they fear who has a strong case, insurance companies and their defendants are motivated by only one thing: to settle with you simply because your Texas lawyer has a winning track record. Only this will command their respect and fear. A non-attorney will never create the fear you need in the minds of an insurance company, despite their (or your) threats against these defendants. Insurance companies know hundreds of ways to beat you when you fight them alone. And as soon as you take them on by yourself, or with inexperienced counsel, you’ll learn them soon enough.
Do you know how to respond to a motion for summary judgment, or how you’re supposed to answer interrogatories? Can you effectively depose witnesses in order to get to the bottom of the facts in your case? Do you know how to properly investigate an accident scene and what to look for? Can you follow the paper trail of defendants who try to hide their money? What recent rules of Texas personal injury law apply to your situation? Are there any recent rulings that might apply? What should you do if a countersuit is filed against you and you must act quickly or your civil damage suit will get dismissed with prejudice (that means you can’t file again)? These examples are only a sampling of the hurdles common to the everyday activities encountered by the experienced attorneys of our Law Firm.
Put our years of experience to work for you if you want to know what your rights are, how to proceed with your claim and how much compensation you can win from your personal injury case. Regardless of how it happened, we’ll answer all of your questions. Call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you.