I have practiced law in North Carolina for 26 years. During this time, I have met with countless clients about their car accident cases. Many of these clients hired me immediately after their accident. These folks generally have gotten the best results. (That’s because my team did all of the work on the case) Some people, however, have come to me long after their accident asking for help. Why the delay? Many of these people attempted to “play lawyer” by taking on the insurance without legal representation. When that didn’t go well, they called me.
The “play lawyer” crowd is an interesting group of people. Many of them have watched a few YouTube videos about car accident cases, maybe read a few online articles too. Armed with their 15 minutes of online knowledge, these folks call the insurance company and start making demands. They honestly believe that they are going to take down the insurance company, their adjusters and their lawyers with their recently acquired YouTube knowledge! As you can imagine, this approach does not work well. After they don’t get what they want, they call me.
Whenever I get a potential client who has tried to “play lawyer,” I always ask them why they didn’t just call me right away. I have heard just about every excuse in the book, but most of these folks delayed hiring me based on an incorrect belief or assumption about car accident lawyers. Had they known the truth, they would have called me right after their accident. Many of these folks hurt their case before I got involved because, understandably, they didn’t know what they were doing.
The fact that you are reading this blog means that you are a smart consumer. You are doing your research. Good for you! As your reward, I am going to address the most common excuses that clients have given me as to why they waited to hire a lawyer. I want to make certain that you don’t join the “play lawyer” crowd on account of several popular misunderstandings about lawyers. LET’S GET READY TO BUST SOME MYTHS!!
– MYTH #1 –
“IF I HIRE A LAWYER, THAT MEANS THERE WILL BE LESS MONEY FOR ME!!”
Think again! An insurance industry study showed that people injured in car accidents recover, on average 3 1/2 times more than people without lawyers. This was a study paid for by the insurance industry! This is why insurance companies never want injured people to get an attorney.
– MYTH #2 –
“MY CASE WILL TAKE TOO LONG IF I HIRE A LAWYER”
Wrong! There are certain steps that must be taken in every case. Claims must be opened, the injured person has to recover, medical bills and medical records must be requested and received, health insurance polices must be reviewed, claims need to be negotiated, etc. If you try to skip any of these important steps, your case will not be settled. If it is settled, the value will be substantially reduced. An experienced car accident lawyer knows how to perform each of the necessary steps in your case. Using an experienced lawyer is the fastest way to complete your case while making certain that you maximize your recovery.
– MYTH #3 –
“THE INSURANCE COMPANY WILL TREAT ME FAIRLY”
Wrong! As stated earlier, according to a study paid for by the insurance industry, injured people with attorneys recover 3.5 times MORE than people without attorneys. If the insurance company was interested in treating people fairly, do you think this would be the case? Of course not! Remember, the insurance company is in business to make money. They make money by collecting premiums, not paying claims. The less they pay you, the more they keep. An experienced lawyer knows how to maximize your case value and has the ability to file a lawsuit if needed. This gives a lawyer more leverage than you have on your own.
– MYTH #4 –
“I CAN DO IT ON MY OWN”
This is a very common misperception. You just call the insurance company and demand money, right? What’s so hard about that? If you don’t handle these cases for a living, you might think that it’s simple, but it’s not. Here are a few issues to consider:
A. Can you isolate ALL insurance polices that might provide coverage? Do you have access to the NC Title and Registration Office to search insurance on vehicles?
B. Do you know how to utilize uninsured motorist coverage? Underinsured motorist coverage? Medical payment coverage?
C. Do you have health insurance? If so, you may be required by law to repay the health insurance at the end of your case. Do you have the knowledge and ability to open to open claims with Medicaid, Medicare or an employer’s ERISA health insurance plan?
D. Do you know how to apply Rule of Evidence Rule 414 to determine the amount of medical bills that you can present as evidence?
E. Do you know how to move from liability coverage to underinsured motorist coverage pursuant to NCGS 20-279.21 without releasing the at-fault party?
F. Do you know how to quantify pain and suffering? Do you know what juries pay for your type of injury?
G. Do you know how to counter the insurance company’s efforts to reduce your settlement by claiming that your medical expenses exceed “usual and customary” charges?
H. Do you have the leverage to get the insurance company to fight fair?
I. Do you understand the law and case decision in North Carolina regarding negligence? Contributory negligence? Last clear chance doctrine?
J. Do you understand under NCGS Chapter 1D when you may be entitled to punitive damages?
K. Do you understand what compensatory damages you may be entitled to recover?
L. Do you know how to prove future medical expenses? Future pain and suffering?
I could go on for pages with different issues, but you get the point. When you need your appendix removed, you don’t do it yourself, you call a doctor. When you are injured in a car accident, you call an experienced attorney.
– MYTH #5 –
“I’M GOING TO TRY HANDLING THE CASE MYSELF. I CAN ALWAYS HIRE A LAWYER IF THINGS DON’T GO WELL”
I have listed this as the last Myth on this list, but I hear it very frequently! I could write pages on this one, but I will keep it short. People without lawyers fail to preserve necessary evidence. Many people fail to get proper medical treatment so that their injuries can be properly proven. People without lawyers call the insurance company and their conversations are recorded. (Yes, the recorded conversations can be used against you at a later date) Insurance adjusters frequently get unrepresented people to sign medical authorizations. The insurance companies can then plunder through your medical history looking for a way to deny your case based on a pre-existing injury. This is just a BRIEF list of common issues that we see.
I would estimate that half of the people who try to “play lawyer” before calling a lawyer ruin their case to the point that we can’t help them. Such a shame. Don’t be one of these people.
– CLOSING WORDS OF WISDOM –
I have worked with injured people for more than a quarter of a century. I have met with thousands of people injured in car accidents. When I say that you can wreck your case without a lawyer in the blink of an eye, I am not kidding. When you use an experienced lawyer, you maximize your chance for a good result, you reduce the work that you must do yourself and you can focus on healing.
Bradley Law Group offers free consultations, so give us a call so we can talk with you about your case. We never charge a legal fee until you get paid, and we look forward to speaking with you!
****All cases are unique and are evaluated independently. Past results are not a guarantee of future performance. This post does not form an attorney client relationship with the reader nor is it intended as legal advice. State laws are different regarding insurance coverages and their applicability. Bradley Law Group represents people involved in accidents in North Carolina.