Top Three Most Common Mistakes Made When Not Hiring A Personal Injury Lawyer.
We’ve all seen internet-based or software-based platforms like TurboTax or Web MD, or any other of a myriad of self-help computer generated products. The arena of legal services has seen similar profusion of products on the market for years as well. The essential problem in all of these products is the same.The individual who relies on internet advice to make a diagnosis of his or her symptoms is taking a serious risk with their health. There is little doubt that Google has made us all smarter. No one seriously questions that the internet is a vast repository of information- some good, some bad. It is beyond dispute that that information is much more readily accessible than at any time in history. Just like finding information about a particular medical condition might be helpful, finding information about the law, or a particular case, might be enlightening.
Having a basic understanding of how the law works doesn’t necessarily allow one to put that understanding into practice. Perhaps one of the more common mistakes that I Attorney Eric T. Kirk have run across is something that is, when distilled to its basic essence, counter-intuitive. One may be inclined to think that a common mistake made when not hiring a personal injury attorney to handle a claim is that the unrepresented person doesn’t attach full value to their injury claim. That certainly happens. When it does, the person has failed to fully appreciate the legal ramifications of their claim and obtain full value, and has obviously gotten less compensation than the law allows.
At first glance, this might not seem to be a dangerous position. Someone who believes their case is worth a great deal would seem to be protected by putting that case before a jury or judge and seeking the full measure of compensation to which they believe they are entitled. What happens, though, in many of these instances, is that a reasonable settlement offer is made, and declined. When that case then proceeds to trial in a conservative jurisdiction, or in front of the judge not inclined to hand out handsome awards to personal injury Plaintiffs, that unrepresented Plaintiff stands the risk of being disappointed. Perhaps grievously so.Where the amount ultimately obtained in court is less than the last settlement offer made, that unrepresented Plaintiff is going be very disappointed indeed.
How to Avoid Five Common Mistakes That Can Hurt Your Baltimore Injury Claim:
An injured person who is not careful can inadvertently make costly mistakes that compromise their insurer’s ability to recover money and, in turn, complicate their own claim. Here are five of the most common errors to avoid.
- Signing a General Release Too Quickly
The at-fault party’s insurance adjuster may offer you a quick settlement. In exchange for the check, they will ask you to sign a release form. These forms are often worded very broadly, stating that you release the at-fault party from “any and all claims.”
- Settling Without Your Insurer’s Consent
Many insurance policies contain a clause that requires you to get the company’s consent before you settle with the at-fault party. This can protect their subrogation interest. It can also be necessary if you want to collect uninsured motorist benefits. If you accept a settlement without their permission, you could be in breach of your insurance contract.
- Cashing a “Full and Final Payment” Check
While I have not seen this one for years, an at-fault insurer will send a check with a note in the memo line like “full and final settlement of all claims.” Cashing this check can be legally interpreted as your agreement to accept that amount as a final settlement, whether you’ve signed a release form or not. This action, just like signing a release, can wipe out your insurer’s subrogation rights and create significant problems for your claim.
- Ignoring Your Duty to Cooperate
Your insurance policy is a contract, and it includes a duty for you to cooperate with your insurer in their investigation and recovery efforts. This means providing information, attending depositions if necessary, and assisting in their subrogation claim against the at-fault party. If you refuse to cooperate, your insurance company may have the right to deny your claim or seek reimbursement from you for the benefits they have paid.
That is not to say that undervaluing a personal injury case is not a problem. It is. Many states have adopted offers of judgment or a similar methodology. These mechanisms provide that where a reasonable settlement offer is rejected, and the ultimate result in court is less than the offer by a statutory percentage, then the Plaintiff who rejected the offer must pay attorneys fees and costs to the defense. These are powerful tort reform measures that essentially preclude the trial of many personal injury cases. Now, Maryland has not yet adopted an offer of judgment provision. The danger inherent in overvaluing a case remain, though. I’ve stated in other articles that I believe attaching appropriate value to a personal injury case is perhaps the second most important role of an attorney.
The danger present in undervaluing the case is leaving money on the table at settlement. While the mechanism is different, the danger inherent in overvaluing the case is effectively the same- leaving money on the settlement table, if a lesser amount is ultimately achieved after trial.
I have a cost free strategy conference, evaluation and analysis process that I employ in every personal injury case brought to us. While it is impossible to fully and fairly evaluate the value of a personal injury claim during this initial encounter, we can lay the groundwork for that ultimate opinion. Contact me today to begin this process. 410 591 2835.
- Baltimore Personal Injury Trial Lawyer Eric T. Kirk
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For over three decades, I have battled against the nation’s largest insurance companies, always endeavoring to ensure my clients receive the compensation they deserve. As lead counsel in thousands of cases across Maryland, New York, and Florida, I have recovered millions for clients whose claims were wrongfully denied and delayed. Whether denying fair compensation for a personal injury victim or denying benefits to a homeowner, Insurance companies employ policy exclusions, technicalities, and lowball offers to deny and defeat claims. They also hire very good lawyers to fight you in court. So should you. When an insurance company unfairly rejects a claim, I stop them.
