Tag: court

Occupy Nationwide

I am not a lawyer and I am not a medical expert, but I did spend eight long years fighting my own insurance company in person, in mediation and in court, because an uninsured motorist hit us from behind injuring both myself and my passenger and totaling our vehicle. I won my case against the insurance and this victory is a matter of public record, which anyone can check and consider that if you were in a car accident, which was NOT your fault, you will beat any insurance in court. How can you do this, is the subject of this website. Follow these links for questions on: car accidents | adjusters | lawyers | courts.

I hope this website is helpful to you and I hope you win. Godspeed!

Will I Get a Larger Settlement If I Go To Court?

The answer to this is of course unknown.  There are so many variables and unknowns to consider. If you have a trial by your peers, the case is worth whatever they say it is worth and if you have a crummy lawyer whom does not present properly your case you could go backwards in your settlement amount. Yet, you do get the satisfaction of your day in court.

Regardless, for us, personally being faced with no other option, we did receive more by going to court.  But what your lawyer is not going to specifically point out is that when you go to court whatever medical bills the insurance company has paid this amount will come out of your final settlement and this is not before he/she gets there percentage.

So basically it will look like:

Court awards $30,000

Minus – Lawyer fee of $10,000
Minus – Medical covered by insurance of $5,000
Minus – Court fees and expenses of $5,000

AND YOUR TOTAL = $10,000

So consider if you are willing to take a chance with the court system.  Do you have a winnable case?  Do you have a good lawyer?  Is the insurance company leaving you with no choice?

Top 10 Tactics Lawyers Use to Get You to Settle OUT OF COURT

 They may scare you will possible future fees of court, depositions, mediation, travel expenses and so forth, so that you will take the settlement. This is true especially if your lawyer knows your financial situation.

 If your lawyer is aware of financial struggles, they may attempt to use a settlement offer as an incentive for you to be able to pay your expensive and incurred medical bills so that you are not turned over to collectors and therefore having much greater expenses.

 Your lawyer may try to tell you that your case is not worth more than the settlement amount and you should quickly take the first offer. Remember, the quicker you take the offer, the quicker the lawyer gets paid and can move to their next victim.

 Time is money for a lawyer and they will most definitely attempt to convince you that if you do not take an out-of-court settlement then your case could possible draw out for years.

 After further review of your case and closer examination of your doctors’ reports it is their opinion that the opposing counseling has a better argument for a jury, so you should take the settlement offer.

 If your lawyer tells you they will go pro bono just to get you to settle, this is a big red flag that something is not right. Lawyers just don’t give up the opportunity to get paid.

 And if your lawyer says they are going to quite on you if you don’t settle this is an even bigger red flag and grounds for disbarment.

 Again your lawyer may use another type of scare tactic that there is a Statue of Limitations coming up and we will need to settle. Of course this is not true, but if you are not aware of the law, then you are overly trusting of your lawyer.

 They pay play the trust card in which they say I’m doing what’s in your best interest and just trust me because I have done this for “x” amount of years. So I’m telling you to settle.

 Or they may use their excessive knowledge and experience to point out that you don’t know what you are talking about and should take their advice. In a polite way, they are calling you an idiot.

Remember that lawyers prefer out of court settlements because this goes as a win on their record as opposed to rolling the dice and possibly having a loss in court.

If you feel that your lawyer is working against you and constantly trying to get you to settle, there is probably a reason. Maybe they are incompetent and need to be fired, or they may be in a type of dual relationship with the apposing counseling. But regardless of the excuse, don’t be blinding by these overly used tactics. Only settle if you feel that it is in your best interest.

What is a Loss of Consortium and Services Claim?

Well, did you know that if you are suing for a personal injury loss then your spouse can also file a claim due to their loss because of your loss. This is what a Loss of Consortium and Services Claim is. So lets say your husband is in a wreck and he is not able to mow the yard or repair the car for you, then you are able to say that I have a loss of life because now you have to mow the yard and repair the car. Or basically you have to pick up all the slack.

You can even make a claim for the intimate loss in your relationship as well if you are willing to go into details which can be very uncomfortable when you are deposed or on the witness stand.

9 Things You Need to Know Before Going to Court

1. Get a good night sleep. Your mind needs to be as sharp as possible to outthink the opposing counsel.

2. Where comfortable cloths, preferably in layers. If you get to cold and start shaking this will be viewed as fear and if you get to hot and start sweating this will be viewed as hostility.

3. Review medical bills, depositions, doctors’ reports as much as possible. You do not want to have any gap in your story or be a shady witness who appears to be lying

4. Rehearse responses to possible questions that the opposing counsel will maybe use. It never hurts to be overly prepared, but being under prepared could cost you greatly but emotionally, physically and financial.

5. Meet with your lawyer before hand and make sure that he/she is prepared.

Ask questions like:
I. What questions will you ask me?
II. What do you think I will be asked by opposing counsel?
III. What evidence will be presented?
IV. Will I be involved in the jury selection?
V. What does our closing look like?

6. If you will take part in the jury selection, have your lawyer explain the process so you will be prepared. This may happen very quickly in which you will be expected to give a quick reason why you want or do no want a particular person on the jury.

7. Remember that honesty is your best tool. You do not have to remember a script; just tell your life story of the pain, loss and trails you have already experienced.

8. Be aware that you are only allowed to answer the question which is being asked, but there is always a creative way of getting the truth in. How you word your response may be what determines if something is admissible in court. This is why practicing your responses may help you when you get on the stand and nerves try to overtake you.

9. Make sure you know the exact location of the court house, the appointed room and the time you are expected to be there. If this is your lawyers first time at the courthouse you may want to double check if they know where they are going as well. However, do this discreetly as you do not want your lawyer to get mad before trial.