Lawyers routinely take on personal injury cases on a contingency basis. But many times, individuals are confused and frustrated when they ask several lawyers to represent them and they all decline.
If liability is straight forward, and a case could still be filed before expiration of the statute of limitations, then chances are the case flunks the lawyer's cost-benefit analysis.
Here's an example. I know from past experience, that the average litigation I handle on an hourly basis costs my clients approximately $30,000 in legal fees to get to trial. That's slightly more than 109 hours at a rate of $275 per hour. Therefore, if I take on a personal injury case, I expect on average that it will take up 109 hours, more or less, of my time.
In evaluating a personal injury case, I will either look at the jury verdict reporters, or know from experience, what the average jury verdict is in the jurisdiction where the plaintiff could file suit. If the verdicts in that jurisdiction do not exceed $90,000, then the case is not worthwhile for me to handle. That's because a one-third fee on a $90,000 verdict or settlement is $30,000. Anything less, and I am better off spending my time doing hourly work, and getting paid on a monthly basis.
That's not to say other attorneys won't consider taking on small contingency cases. Not all attorneys will have the option of filling their workdays with hourly work. And some will always want to take the chance of going for a quick settlement, betting that the case won't make it through discovery or all the way to trial.
Of course, the above represents only one consideration that will go into the decision-making process. Lawyers must also consider the degree, if any, of the individual's comparative fault. They must also consider whether the defendant is insured, and whether any judgment could be satisifed. Finally, the lawyer must evaluate the potential client, determine whether the individual would be a credible witness at trial, and make a determination as to whether the lawyer will be able to work with him or her.
Monday, September 29, 2008
Friday, September 26, 2008
Protect Yourself From A Liability Claim - An Ounce of Prevention
The overwhelming majority of automobile owners and homeowners have policies of insurance designed to insulate and protect them from personal injury claims. But when an accident occurs, they frequently make the same big, costly mistake. They fail to timely report the claim. The end result is that their insurance carrier denies coverage.
I see it happen much too often. People are afraid to report accidents to their insurance companies when they occur. They are afraid that their premiums will increase, and figure why take that risk when they are not even sure the other party is injured or will sue.
Whether it's an automobile accident, or a roofer losing balance and falling off the top of your home, not reporting a claim can be much more costly in the long run than any increase in your insurance premiums.
Most policies of insurance require you to promptly report accidents when you know, or should reasonably know, that somebody has a claim against you. Insurance companies are in the business of making money. Many times, if you fail to report a claim in a timely manner, they will deny coverage.
Even if the claim is bogus and lacks merit, your carrier still has an obligation to defend you. They will hire and pay for your attorney. But if you fail to timely report a claim, the insurance company may refuse to defend you, which can cost you thousands of dollars in attorneys' fees.
In New York, the statute of limitations on a general negligence claim is three (3) years. That period can be even longer if the injured party is a minor, has a disability, or meets certain other criteria for tolling the statute. If you are sued two (2) years after an accident and failed to report it, don't expect cooperation from your insurance company.
Sadly, many general practice attorneys never even think to advise their clients to put their insurance company on notice. Then, when the case is referred to me, I not only have to put in an answer and defend the client on the accident claim, but also take whatever steps I can to persuade the insurance company to provide coverage or at least pay for the client's defense. Sometimes that means suing the insurance company, which is a less than desirable position to be in.
So if you are involved in an auto accident, or somebody gets injured on your property, think twice before deciding not to report it. And if you do, make sure you not only call, but also do it in writing.
I see it happen much too often. People are afraid to report accidents to their insurance companies when they occur. They are afraid that their premiums will increase, and figure why take that risk when they are not even sure the other party is injured or will sue.
Whether it's an automobile accident, or a roofer losing balance and falling off the top of your home, not reporting a claim can be much more costly in the long run than any increase in your insurance premiums.
Most policies of insurance require you to promptly report accidents when you know, or should reasonably know, that somebody has a claim against you. Insurance companies are in the business of making money. Many times, if you fail to report a claim in a timely manner, they will deny coverage.
Even if the claim is bogus and lacks merit, your carrier still has an obligation to defend you. They will hire and pay for your attorney. But if you fail to timely report a claim, the insurance company may refuse to defend you, which can cost you thousands of dollars in attorneys' fees.
In New York, the statute of limitations on a general negligence claim is three (3) years. That period can be even longer if the injured party is a minor, has a disability, or meets certain other criteria for tolling the statute. If you are sued two (2) years after an accident and failed to report it, don't expect cooperation from your insurance company.
Sadly, many general practice attorneys never even think to advise their clients to put their insurance company on notice. Then, when the case is referred to me, I not only have to put in an answer and defend the client on the accident claim, but also take whatever steps I can to persuade the insurance company to provide coverage or at least pay for the client's defense. Sometimes that means suing the insurance company, which is a less than desirable position to be in.
So if you are involved in an auto accident, or somebody gets injured on your property, think twice before deciding not to report it. And if you do, make sure you not only call, but also do it in writing.
Thursday, September 25, 2008
Welcome Post
Welcome to my blog. Personal injury law is very often under scrutiny. Outside the U.S., people marvel at how "sue-happy" we are here. We sue restaurants when we burn ourselves on a hot cup coffee. Plaintiffs' lawyers are dubbed with the dubious label of being "ambulance chasers". Tort reform has been the platform for many a politician.
But it's not all that bad. Having practiced in a variety of different areas, quite frankly I find personal injury cases to be refreshingly honest. When a plaintiff is legimately hurt, there is little gamesmanship. Medical records are freely disclosed. Plaintiffs' lawyers have no issue with having the defendants' medical experts examine the plaintiff.
Here in New York, the trials in state court are bifurcated. Juries must first determine a defendant's liability before ever hearing what injuries were suffered. This procedure was designed to ensure that juries can first focus on the liability issues without being prejudiced by gruesome evidence of the injuries.
Having represented both plaintiffs and defendants, this blog will differ from most in that the topics being discussed may be tips for either side to consider. In the coming weeks, I'll offer some commentary on automobile accidents, protecting yourself from liability, and how plaintiffs' lawyers decide whether or not to take on a personal injury case.
If you have any questions, feel free to write them in the Reader Comments section and I just might have an opportunity to answer them or make it the topic of my next post.
Regards,
DS
But it's not all that bad. Having practiced in a variety of different areas, quite frankly I find personal injury cases to be refreshingly honest. When a plaintiff is legimately hurt, there is little gamesmanship. Medical records are freely disclosed. Plaintiffs' lawyers have no issue with having the defendants' medical experts examine the plaintiff.
Here in New York, the trials in state court are bifurcated. Juries must first determine a defendant's liability before ever hearing what injuries were suffered. This procedure was designed to ensure that juries can first focus on the liability issues without being prejudiced by gruesome evidence of the injuries.
Having represented both plaintiffs and defendants, this blog will differ from most in that the topics being discussed may be tips for either side to consider. In the coming weeks, I'll offer some commentary on automobile accidents, protecting yourself from liability, and how plaintiffs' lawyers decide whether or not to take on a personal injury case.
If you have any questions, feel free to write them in the Reader Comments section and I just might have an opportunity to answer them or make it the topic of my next post.
Regards,
DS
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