Newsletter - Number 17
Why do I even need an attorney?
One potential client came to my office to inquire about a case where the responsible (at-fault) insurance company had offered $100,000.00, but subsequently withdrew the offer and said the case was closed. Unfortunately, this was true. The potential client (claimant) had a viable claim and negotiated with the insurance company (without legal representation), and failed to appreciate a statute that was eminent, which precluded the claim after a certain time. There are many statutes, some as short as six (6) months, and even some provisions listing deadlines of 10 or 30 days.
My evaluation of the case was approximately $300,000.00 with a conservative approach. Had the claimant hired a reputable qualified attorney, the result was expected to be about $200,000.00 to the claimant after attorney’s fees (which are usually 1/3). The claimant in this case lost all the money because the statute had expired.
Most people ask about subrogation (repayment) of the medical bills or health insurance payments. The vast majority of our cases have been those which have little or no legal requirement for reimbursing those expenses. Therefore, the figure quoted above is actually the amount the claimant would have received (based on my training, education and experience).
A good attorney is worth his or her weight in gold. In this case, the client would have doubled his net recovery, without the jeopardy of owing subrogation claims, and perhaps more importantly having someone handle the entire case. The worry and time to pursue an injury or death claim, without knowing all the laws, are not worth it.
Other answers to frequently asked questions about whether you need an attorney are that a) you may be entitled to benefits to which you are unaware, b) if certain safeguards are not utilized, witnesses, evidence and your entire claim could be reduced or lost, and c) to ensure a fair and adequate recovery for your injury or loss, you should consult a reputable attorney.
David R. Moore
Newsletter - Number 16
Does it matter if the attorney you hire has malpractice insurance?
Perhaps it is because we pursue cases against other attorneys, that this question is very important. Customarily, the attorneys who would need this coverage the most, don’t have it. There are some good attorneys who do not have this coverage, and are willing to pay for their mistakes, but our experience has shown that the attorneys making the mistakes that lose a meritorious claim, are the same who were not concerned enough to protect their clients in case of oversight or error.
The practice of law should always include integrity. It’s time to hold lawyers accountable who do not exercise integrity in the practice of Law. Attorneys should be held to a higher standard. “To whom much is given, much is expected.” Unfortunately, the corrupt actions of a few have tarnished the reputation of the legal profession and attorneys in general.
It saddens me to see the number of clients whose cases have been neglected or mishandled by less than reputable attorneys who show no remorse for their actions and often no regard for those who put their trust in them.
I am fully persuaded that every practicing attorney should be required to maintain malpractice (professional liability) insurance and provide disclosure upon request. At a minimum, attorneys should be required to make financial restitution to their clients whose cases have been mishandled and suffered losses. One person eloquently stated, “Power corrupts, and absolute power corrupts absolutely.”
Jesus said, “He who is to be first among you must become the servant.” Attorneys are exactly that, servants to our clients who place their faith, hope and often their lives in our hands. The attorney is your advocate, but works for you. You can hire, and terminate the contract with your attorney, at any time. Integrity, honesty and reliability, are absolute requirements in the legal field. I believe an attorney seriously concerned about the clients will be honest and therefore, have some system in place to protect the client in the event the client should need to be protected. A good way to do this is by purchasing insurance.
Anyone anticipating hiring an attorney should ask, no later than the initial interview, if he or she has malpractice insurance. If the attorney does not, consider not hiring that attorney.
David R. Moore
Newsletter - Number 15
What can give you better protection on the road?
U.M. (Uninsured Motorist) insurance coverage can do that. The writer is not affiliated with or in any way connected with any insurance company. No one should drive or even occupy a vehicle where U.M. coverage is not available, unless there is other adequate insurance (or assets) to afford protection. U.M. and U.I.M. (Underinsured Motorist) coverages are synonymous for exposure purposes in that each is offered when you buy U.M. coverage in your auto policy.
There are numerous ways you need U.M. coverage if you are involved in a vehicular collision (auto accident). Obviously, should the other person causing the wreck not have insurance, you will probably need to use your U.M. coverage. U.I.M. coverage will be triggered when the other driver has insurance, but it is insufficient (and your U.M. limits are higher). There are many ways however, where the at-fault driver may have full insurance coverage, but those insurance benefits will be denied to you. One main example of this is the clause, which is often referred to as the Cooperativeness Clause, which is in most, if not all, insurance policies today in Georgia.
This clause allows the at-fault driver's insurance company to deny benefits when their insured (at-fault driver) is not cooperating with them in their investigation (and evaluation) of your claims (and any possible defenses which they need to posture). This happens occasionally when the at-fault driver moves, leaves no forwarding address (no trail) and does not renew his auto insurance. This can be construed as the at-fault driver being uncooperative. Another common denial by the at-fault insurance carrier is when the at-fault driver does not have permission to drive the particular vehicle (involved in the wreck). The list goes on, but the important thing to remember is that every driver should seriously consider U.M. coverage.
U.M. minimal limits are 25/50 ($25,000 per person / $50,000 per incident). One quick way to check your coverage is to read the declaration page in your policy and compare your liability coverage to your U.M. coverage. The U.M. coverage (which protects you) should usually be an amount at least equal to the liability coverage (which protects the other driver). The additional expense is minimal, and the protection gained may be invaluable.
David R. Moore