Considerations in Hiring an Attorney

DO YOU OFFER FREE CONSULTATIONS?

Yes.  If one of our paralegals determines that you have a potential cause of action, an appointment is scheduled for you to come in for a free consultation with one of our attorneys.  After consulting with the attorney, you can decide whether or not you want or need our services.  Either way, the consultation is free.

WHAT IS A CONTINGENCY FEE?

This means that we only get paid if your case reaches a settlement.  If no settlement is reached, you do not have to pay the attorney’s fees or expenses incurred.

WHAT ARE YOUR FEES?

Our standard fees are 33 1/3% if the case is settled without filing a lawsuit, and 40% if a lawsuit is filed.  Expenses such as copies, faxes, postage, long distance, court costs, medical record costs, messenger costs, investigation costs, and mediation costs are accrued and charged in addition to the attorney’s fees. 

HOW CAN I TELL IF AN ATTORNEY’S FEE IS FAIR?

Do your research.  Talk to the attorney you are dealing with about his fee.  Fees usually range between 33 1/3% to 40%, but can vary from attorney to attorney and case to case.

WHAT IS MEANT BY STATUTE OF LIMITATIONS?

Statute of limitations refers to the need to file a lawsuit within a time limit.  In Texas, many causes of action have a two-year statute of limitations, but not all.  Some lawsuits, such as lawsuits against the government require a notice within a short time.  The time begins to run when a cause of action accrues.  A good example is someone negligently running into your car.  The statute of limitation begins on the day of the accident.  This issue can become more complicated.  Sometimes, you have no way of knowing that you have a cause of action for years, such as discovering ill effects from taking a medication or being exposed to chemicals.  It is important to seek the advice of an attorney and doctor if you suspect that you are having problems but don’t know for sure if it relates to the negligence of another or an unreasonably dangerous product. 

WHEN SHOULD YOU CONSULT AN ATTORNEY?

Usually, a consultation with a Board Certified attorney is of more assistance to the client if it is done sooner rather than later. It is better to prevent claims problems than to try to fix them later.  As many health insurers are being more aggressive in seeking reimbursement out of your settlement for those health insurance benefits they paid relating to the injuries you received in a collision it is important to seek an attorney’s advice prior to providing your health insurance carrier with any information regarding your claim against the negligent party.  For more information regarding the issues of subrogation we would suggest you click on our page concerning Health Insurance Subrogation.

IS CONSULTING WITH AN ATTORNEY NECESSARY?

At Bemis, Roach and Reed, your initial consultation is free. The best way to determine your rights and to assure that your claim is handled properly is to consult an attorney who is Board Certified in Personal Injury Trial Law. Bemis, Roach and Reed will provide prospective clients with a free consultation either over the phone or in the office, depending on the client’s desire. Our firm will also send a lawyer to meet with a prospective client, who because of serious injury is unable to travel. Consulting with an attorney enables the prospective client to make an informed decision as to whether they need an attorney to assist them in their case. Whether a person should ultimately handle the case themselves or have a lawyer represent them depends on a variety of factors. While the size of the person’s claim is an important factor, it is not the controlling factor. We have found that even in the smallest of cases, a person can be much better off with an attorney. Each case is different, as is each client. However, if we believe that a prospective client would be better off trying to resolve their case on their own; we will make this recommendation and advise them of some of the issues they will face. We have found that these prospective clients appreciate the advice and have been an important referral source for our firm.

WHY SHOULD I CONSULT WITH AN ATTORNEY WHEN I HAVE A LEGITIMATE CLAIM AND THE INSURANCE COMPANY HASN’T GIVEN ME ANY PROBLEMS SO FAR?

It is an unfortunate reality that your opinion as to what is a legitimate claim and what the insurance company considers to be a legitimate claim often differs. Some adjusters have adopted a tactic of using their payment of an undisputable portion of the claim, such as the cost to repair the vehicle, to disarm the claimant and create a false sense of trust. This allows the adjuster to later take advantage of this misplaced trust when handling the personal injury portion of the claim. When it comes to personal injury claims, insurance carriers regularly dispute the amount of the doctor's charges, contend that the medical expenses are related to a previous injury, argue that the claimant could not have been injured in a particular collision, contend that the claimant did not need to take off from work as a result of their injuries or, in the situation where the claimant could not take off from work for fear of losing their job, the adjuster may argue that if the claimant was really hurt he would have missed time from work. They are free to make these contentions regardless of the evidence. And when it comes to the intangible damages such as pain, suffering, impairment, disfigurement and mental anguish, insurance carriers invariably dispute these damages. While an insurance adjuster may do his or her best to convince you that he or she cares about you and your claim, this adjuster does not represent you and has no incentive to fully pay your claim. Insurance companies do not benefit by paying the full value of every claim. 

You should also be aware of the fact that if your medical treatment was paid by your health insurance company, your health insurance company may seek reimbursement out of your settlement under the doctrine of subrogation.   If your health insurance carrier paid a large amount and the negligent party has insufficient insurance coverage to pay your entire claim, your health insurance company may nevertheless assert that it is entitled to the majority if not all of the proceeds of your settlement.  In such situations it is critical to hire an attorney to help make sure that your rights to the settlement are protected from an overreaching health insurance carrier.  For more information regarding the issues of subrogation we would suggest you click on our page concerning Health Insurance Subrogation.

WHAT ARE THE ADVANTAGES IN HIRING A BOARD CERTIFIED ATTORNEY?

Board Certified Attorneys are recognized as having experience in their fields. Without an attorney you will be forced to negotiate with an adjuster who knows what your claim is worth while you may have no way to estimate the true value of your claim. An unrepresented individual also has little leverage against an insurance carrier. The adjuster knows that persons who are not represented are unlikely to file a lawsuit without an attorney. While board certified attorneys are able to settle most cases without the need to file a lawsuit, it is the implied threat of litigation that places the represented client in a more equal bargaining position with the insurance company.

In order to become board certified in personal injury trial law, a lawyer must have tried a number of lawsuits. Board certification in personal injury demonstrates that an attorney is willing and able to bring a lawsuit on a client's behalf. The knowledge that any attempts at negotiating in bad faith with a board certified attorney may only result in a lawsuit acts as a deterrent to the type of tactics that adjusters regularly employ on unrepresented individuals.

It is also important to recognize that once you settle your claim that the matter is closed. If your condition becomes worse over time or was much more severe than you thought when you settled your case, you will typically be bound by the settlement and will not be able to make any additional recovery. This is because prior to settling your case, the insurance company will require you to sign a release which either eliminates or limits your right to collect any more damages regardless of any future problems which you may face as a result of the accident. The permanency of a settlement is another reason that it is wise to hire an attorney.

HOW MUCH DOES IT COST TO HIRE A BOARD CERTIFIED ATTORNEY?

It usually costs no more to hire a Board Certified attorney than it does to hire a non-certified attorney. At Bemis, Roach and Reed, we monitor our fee structure to ensure that our fees are competitive with those of other firms.

WHAT SHOULD I BRING WITH ME FOR MY MEETING WITH AN ATTORNEY?

You should provide an attorney with any documents that might be relevant to your case.  Police reports, for example, contain eyewitness information and details about the conditions surrounding auto accidents, fires and assaults.  Copies of medical reports and bills from doctors and hospitals will help demonstrate the extent and nature of your injuries.  Information about the insurer of the person who caused your injury is extremely helpful, as are any photographs you have of the accident scene, your property damage, and your injury.  The more information you are able to provide your attorney, the easier it will be for him or her to determine if your claim will be successful.  If you haven’t collected any documents at the time of your first meeting, however, your attorney will be able to obtain them in his investigation of your claim.