When Should I retain a Lawyer?
One of the questions that often comes up is when is the best time to hire a lawyer after a crash.
What are the pros and cons of getting a lawyer? In no particular order here are my thoughts:
PROS:
1. Adjusters cannot call you once you have hired an attorney. So, you do not run the risk of making a statement which will come back to haunt you later on. If you have already made a statement, your attorney can get a copy for you. The single biggest problem with having already given a statement is that any inconsistencies, contradictions or omissions will be magnified to make it look like you and your attorney are changing your story. For example, if you denied the need for medical treatment at the scene, that may be used to persuade the jury that you weren't hurt by the accident, so why are you making a claim?
2. Physical Evidence can be preserved. This includes visible things like photographs of the vehicles, crush damage, skid marks, the scene, bruises, scars, and photos during the healing process. Skid or brake marks fade away over time with traffic and weather. Gouge marks left in the pavement, and damage to guardrails are fixed. Cars which are totaled are sold for scrap and crushed, so they can no longer be photographed. Seat belts which malfunctioned can no longer be tested. Shredded tires are vital to proving defects if any. Sometimes 911 calls and dispatch records are only kept 30 days then they are recorded over, so any recordings of voices disappear into the netherland.
3. Key witnesses can be located before they move away, their memories fade and they give statements to insurance companies without having a chance to review and refresh their recollections. Insurance companies are not required to share those statements with you. Some witnesses do not want to get dragged into a case and refuse to cooperate after talking with the adjusters.
4. Under Florida law, you have the absolute right to choose your doctor. A lawyer can help steer you away from an unhelpful insurance oriented doctor. Some doctors are more open to the reality of having to give court testimony than others. Some doctors are more inclined to think their patients are malingering or faking injuries to get a big settlement.
5. A lawyer can help explain and make a claim for your PIP benefits. Although PIP benefits are supposedly easy to get and the forms are a cinch, PIP companies deny benefits, or cut off benefits improperly. A lawyer can assure your rights to medical and wage losses are paid.
CONS:
1. If you hire a lawyer he may charge a retainer to cover his time and expenses. If your case is meritless, you may have wasted your cash. This risk can be avoided by hiring a lawyer using a Contingency Fee contract. Costs and fees can be avoided. See my earlier Blog.
2. You lose control over your case. Your lawyer, not you, deals with the insurance company, decides what expenses if any are needed, and gives advice to you about your case. Ultimately you may fire your lawyer but if you do so without justification, you will owe him something for his expenses and time.
3. You cannot settle the case on your own and avoid a legal fee. He will have a lien on your case which the insurance company will want to honor, or they will have to pay twice.
All in all I recommend hiring an attorney within a couple of weeks after an accident. TV ads often promote law firms with an 800 nnumber and lawyers who can talk to you 24/7. Ads like these create a sense of urgency. There is no need to hire a lawyer within hours after a crash. Time should be taken to make a wise choice, check references, check reputations, and ask around.
