How To Avoid Car Accident Attorney Scams
The aftermath of an accident that leaves you seriously injured is a highly emotional time. In addition to medical issues, you have hire a car accident attorney if someone else was at fault. If you’re like most Americans, you have no experience dealing with lawyers. So you shop around for a car accident attorney. You can protect yourself from car accident attorneys scams by an unethical personal injury lawyer. All you have to do is look for red flags. Some of the most experienced and reputable attorneys will be brutally honest with you. Why? They don’t the time or the patience to screw around.
Red Flags Of Car Accident Attorney Scams
Certain situations should alert you to accident attorney scams. These red flags will also be a sign that the lawyer you are dealing with is unethical:
He or She Calls You First:
This is where the term “ambulance chaser” comes from. Some lawyers drum up business by listening to police scanners. They also work sources such as hospital staff and tow truck drivers. Some have case runners who will solicit accident victims in the hospital. This practice is unethical. Then, they pressure the victim into filing an insurance claim or personal injury lawsuit.
Law firms encouraging lawsuits with another law firm to create business is known as “barratry.”
It is illegal in the U.S. In states like Texas, barratry is a third-degree felony. The Texas Center for Legal Ethics prohibits lawyers from directly soliciting clients in most cases and says:
A person may feel overwhelmed by the circumstances giving rise to the need for legal services and may find it difficult to evaluate all available alternatives with reasoned judgment and appropriate self-interest in the face of the lawyer’s presence and insistence upon an immediate response. The situation is fraught with the possibility of undue influence, intimidation, and overreaching.
Attorney should never contact you out of the blue soliciting your business.
The Attorney Wants Payment Upfront:
Personal injury lawyers generally work on a contingency fee basis to handle a car accidents. This means the attorney is not charging the client an hourly rate. The attorney’s fees are an agreed-upon percentage of any amount recovered. Thus, this makes the fees contingent on recovery. You should not have to pay for an initial consultation or pay a retainer in a personal injury case.
Guarantees A Win:
Because personal injury lawyers work on a contingency basis, an attorney only takes cases they are confident of winning. But a lawyer with any experience knows there are no guarantees. An ethical attorney will give you an honest assessment of your case and the potential outcome.
Expect your personal injury attorney to be confident of your case’s merits if the attorney offers to take the case. But walk away from any attorney who guarantees a win or a certain outcome. Take any guarantees as a red flag.
Settles Every Case And Never Goes To Trial:
Attorneys settle most personal injury cases out of court. However, some insurance companies refuse to agree to a fair settlement. Thus, only option to seek justice is to go to trial. Your attorney must be ready. Ask about a prospective attorney’s courtroom experience. How many personal injury cases has the attorney taken to trial?
The insurance company may take advantage of an attorney who avoids litigation.
How To Avoid Scams
Don’t let another driver talk you out of reporting a car accident to the police. They will promise to pay you for your doctor’s bills and car repairs. However, this is a lie. You need to file a police report. This makes it easier to establish who was involved in a crash and who was at fault. You should seek medical attention as soon as possible after an auto accident. Don’t sign a release presented by an insurance company. You should also not share sensitive personal information without consulting a knowledgeable attorney first.
Here are four questions to ask a law firm during an initial consultation with a personal injury attorney:
Have You Handled Similar Cases?
You need an attorney who has handled similar car accident cases similar to your case. why? You need someone who can provide legal advice about an auto accident, motorcycle accident, or commercial truck accident. These are among the common types of personal injury cases. You need an experienced attorney with a large staff if your case is complicated and there are multiple potential defendants.
What Difficulties Do You See With My Case?
Few personal injury cases are open-and-shut. A law firm won’t take a case unless they believe it is a strong case and expect to obtain compensation. However, a prospective legal representative should be honest with you and make you aware of the obstacles ahead.
What Do You Expect From Me?
Different clients have different roles in their cases. Some want to be very involved in the process with their attorney and attend depositions and other meetings. Others just want to be kept informed by their legal team. Personal injury attorneys vary in how much they want their clients to do. A lawyer should explain in an initial consultation what to expect from one another.
How Long Will My Claim Take?
This is a common question, and the truth is it depends. The lawyer should explain that how a case unfolds depends on different factors. One factor is the insurance company’s willingness to negotiate. The complexity of your injuries and length of your recovery will also play into any settlement or litigation.
