The aftermath of an accident that leaves you seriously injured is a highly emotional time. In addition to medical issues, if someone else was at fault, you may be at a loss as to how to hold them financially accountable for your injuries.
Seek the guidance of an established attorney who has handled many similar personal injury cases. Walk away from attorneys who guarantee a certain result or promise a certain amount of money or a quick settlement that sounds too good to be true.
You can protect yourself from getting scammed by an unethical personal injury lawyer if you know what red flags to look for and what to expect when hiring a reputable attorney.
Red Flags to Watch Out for
Certain situations should alert you that the lawyer you are dealing with is not meeting the ethical standards expected of a reputable attorney:
- Calls you without being contacted first. This is where the term “ambulance chaser” comes from. Some lawyers drum up business by listening to police scanners and working sources such as hospital staff and tow truck drivers to find accident victims. Some have case runners who will approach accident victims in the hospital and try to solicit clients for the attorney or urge the victim to contact an attorney. This practice is unethical. Then, they pressure the accident victim to go along with filing an insurance claim or personal injury lawsuit, regardless of the merits of the case.
Encouraging lawsuits between others in order to create legal business for one’s personal gain and profit is known as “barratry,” and it is illegal. Under the Texas Penal Code (Sec. 38.12), 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.
You should never be contacted out of the blue by an attorney’s office soliciting your business.
- Wants payment upfront. Personal injury lawyers generally work on a contingency fee basis to handle a car accident or other type of personal injury claim. This means the client is not charged an hourly rate or any legal fee unless the attorney recovers money for the client, either through a negotiated settlement or a court verdict. The attorney’s fees are an agreed-upon percentage of any amount recovered, making 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. Many personal injury cases can be settled out of court. However, some insurance companies refuse to agree to a fair settlement, and the 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?
If an attorney has a reputation for avoiding litigation and settling every case, the insurance company may take advantage of that and offer a settlement that is far less than you deserve.
How To Protect Yourself From Getting Scammed After an Accident
Don’t let another driver talk you out of reporting a car accident to the police with promises to pay you for your doctor’s bills and car repairs. Without a police report, it’s difficult to establish who was involved in a crash, who was injured, 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 or share sensitive personal information such as medical records without consulting a knowledgeable attorney first.
If you or a family member has been hospitalized or put out of work because of an accident someone else caused, you should speak to a personal injury lawyer. An initial consultation with an attorney should help you understand your legal options. The consultation should be free and without any further obligation.
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 cases similar to the type of accident that injured you and who can provide legal advice about an auto accident, motorcycle accident, commercial truck accident, dog bite, or other personal injury accident. These are among the common types of personal injury cases. If your case is complicated and there are multiple potential defendants, you should consider an established law firm such as Kraft & Associates, Attorneys at Law, P.C. with experienced attorneys and legal professionals and the resources to handle the most complicated cases.
- 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 their firm expects from you and what may be allowable beyond that. The free consultation is an opportunity to discuss your questions and see whether you and the law firm will be a good fit.
- 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 such factors as the insurance company’s willingness to negotiate, the complexity of your injuries and length of your recovery, the number of defendants, and whether the case settles or goes to trial.
Get Legal Help From Our Experienced Personal Injury Lawyers Near You
If you were injured in an accident in the Dallas, Texas, area because of someone else’s carelessness, contact Kraft & Associates, Attorneys at Law, P.C. for a free case review. Our legal professionals have been helping Texans with serious injuries for more than 50 years. Our personal injury attorneys are available to discuss your questions about pursuing a personal injury lawsuit. Fill out our online form or phone (214) 999-9999 today for a free consultation.
