What Misconceptions Do Clients Have About The Personal Injury Recovery Process?

There is a misconception among the population as to how quickly this process should take. Most things worthwhile do take time. Patience is most certainly a virtue and people should not think that an attorney is going to be able to resolve all their problems simply by picking up the phone and making a call – that is unrealistic.

There is value in doing things correctly! However, there are attorneys who focus on trying to get quick results. I tell people that they can go to a title pawn shop and get a loan in less than an hour, or you can go to a bank and fill out paperwork to apply for a loan. The difference is that, in Alabama, you might be paying over 400% on a loan from a title pawn shop or you might be paying 8% on a loan from a bank. It makes sense if you just think about it. I am trying to do what I honestly believe is in your best interest.

When I have clients who start doing research on the internet, “I have already researched this,” that is a bad sign. That would be tantamount to me telling a client, “This is what really happened, even though I wasn’t there.” I do not know what happened. I must rely upon the client to provide accurate facts.  It is then my job to offer legal advice to the client.

Why Are Personal Injury Attorneys Stereotypically Negatively Portrayed?

People typically contact an attorney when something bad has happened to them or a loved one. It could be a serious injury, an arrest, or a divorce. An attorney should help you resolve a problem. There are a lot of attorneys at this point in time. When I started practicing law in Huntsville, Madison County, there were under 500 attorneys. Now, there are over 900 attorneys. I do not believe that there is twice as much work that requires utilizing the services of an attorney as there was when I started practicing law, so it is very competitive now.

Unfortunately, the practice of law has become more like a business than a profession. However, my opinion is that attorneys who say they represent people who are injured, but who will not file a lawsuit or will not try a case, are offering nothing of value to their clients. When I told my mother that I was going to go to law school, she said, “I want you to be an attorney and not a lawyer.” When I asked her what the difference was, she said, “People respect attorneys.”

Is Winning A Personal Injury Lawsuit Fairly Easy, or Is it Going To Be a War?

There is no insurance company or any company or any defendant who would just roll over and pay for the full value of all resulting losses without a substantial amount of work being done. The value of your case has a lot to do with a few things. First of all, can we prove liability? If we can’t prove liability, they are probably not going to pay anything. Next, what are the losses or damages and can we prove that resulted from the defendant’s conduct?

Most cases fit either in the liability category or damages category. A liability case is where it is more difficult to prove that the defendant did something wrong than it is to prove damages. Typically, a defendant is more likely to offer to pay something in a case in which damages are in dispute, but liability is not.

In a damages case, it is generally a given that the defendant did something that would constitute negligence. For instance, the defendant ran a stop sign and that was the only stop sign at that intersection. It is pretty apparent who failed to yield the right of way. The issue in that case is going to be damages — how much is this worth?

Now, consider the flipside. For instance, in a product liability case involving an airbag in an automobile, the most difficult part of that case to prove will be liability — that the company did something wrong. Most cases in which liability is disputed involve catastrophic injuries or even death.

It requires a lot of time and a lot of effort and also it depends upon your attorney. That most certainly factors into the equation. What is this person’s reputation? Are they willing to do the work? Do they know what they are doing? Can they prepare a case for trial? Can they try a case? Can they win at trial?

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