The Dirty Little Personal Injury Secret

If you have eyes, you can’t help but see all of the TV and billboard ambulance chasing hucksters polluting our streets, TV’s and Internet feeds. There is a reason why this is happening, personal injury cases are can be worth a lot of money. And the sad thing is that most people injured in car crashes don’t have a lawyer they know to refer them to a respectable, seasoned, honest personal injury attorney. So they find the loudest, most obnoxious clown on TV, see the “clients” they have represented bragging about how much money they received in their personal injury case, and voila they have captured another naive, desperate person whose life has been dramatically impacted by a terrible trauma.

What you don’t see on all these TV ads, billboards and bus benches is that most mass media law firms have a system to get people in and out as fast as possible, many times without ever meeting a lawyer, let alone the stars of all these commercials who profess to really care about you.

Often, when a personal injury victim retains one of these firms it often leaves clients more confused and frustrated than before they started. I cannot tell you how many current and former clients came to me after they mistakenly hired one of these firms and asked if they could switch. Switching law firms in the middle of a case is entirely acceptable and legal and we encourage more people to do it. Sometimes we can take over a case and provide the one-on-one attention the client craves, and other times the damage is really hard to fix, and we cannot “right the ship”. It’s a frustrating thing to see someone regret a decision to hire a questionable law firm just because they have been promised riches. But it happens a lot.

While I have found representing injured clients a highlight of my professional career, the truth is that advertising law firms have cheapened our profession which can impact all injured clients, not just those represented by the advertising firms. The personal injury practice is a noble practice and something I am proud to be a part of. I cannot tell you how many people have called and thanked me and my staff for helping them through their awful experience. Appreciative of how we helped ensure they received the best medical care, handled the insurance companies and in most cases delivered them a settlement check that was far more than they had thought possible. But guess what? Not every case has the happiest ending. Sometimes, despite all our hard work and the medical care our clients received we don’t get the result we wanted. It’s rare, but the dirty little secret these TV and billboard lawyers don’t ever share is that it does happen. And promising riches when there are complicated liability issues, fairly minor injuries, or worst of all limited insurance coverage, is an irresponsible and unjust way to handle clients.

But they need every client they can get. TV commercials and billboards cost these firm millions of dollars a year. And that means they need to churn and burn and get every client they can. Some estimate that over 90% of all injured people hire just a handful of law firms. NOT because they are good. But because they don’t know any better and just dial the number hey see on TV.

This year I’d urge three things and ask you share these simple ideas with your friends:

1) Buy as much uninsured/underinsured motorist bodily injury coverage (UIM) as you can afford. If possible, get a UIM umbrella too. Make sure your broker understands this. The UIM coverage protects you and our family in case you are injured and the person who caused your injury has inadequate insurance. We see this happen all the time and its tragic. As I’ve offered in the past, call me and I’m happy to review your policy for free.

2) Interview several lawyers if you or your loved one is injured in a car accident. All lawyers will give you a free consultation. I will always recommend this whenever I interview a prospective client. I think it is the right thing to do. And if you like another lawyer better, then hire them!

3) Avoid at all costs the TV, billboard, bus bench and urinal advertising lawyers. They cheapen our profession, and their behavior is well known by the insurance companies. That can be a disadvatage to you! Whether its our personal injury team at Foster Graham Milstein & Calisher, LLP or another small, non­advertising law firm, I believe you will be much better served by this one-on-one, close knit attorney-client relationship. Avoid the personal Injury “mills” and you’ll thank yourself when it’s done. And please share this advice with your friends who don’t have a relationship with a firm like Foster, Graham, Milstein & Calisher, LLP. Your friends will thank you too!

Danny Foster, Partner

 

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