If you've ever hired a lawyer, you may have been staggered by the costs involved. Why do lawyers cost so much?
Attorneys can easily demand thousands of dollars and charge $200 or $300 per hour to take your case. Some charge up to 40% off the top of any settlement or verdict you get. So if you are injured in an accident, your lawyer may get almost half of everythingyouare entitledto.
However, if you ask any lawyer, they may tell you that their costs are fair. In fact, many will lament that they are underpaid. Here's a look at some reasons lawyers charge what they do:
Research and writing takes time.
If you only receive a one-page document or a brief response to a legal question, you may wonder what you just paid for. However, the seemingly simple response that you get may be the result of hours of work researching every aspect of your legal issue. Lawyers use their expertise to explore every avenue and weigh every risk involved in a decision. As a result, the end product you see may not reflect all the behind-the-scenes considerations the attorney made in coming to a conclusion. Also, if all you wanted was a simple answer to your legal question, you were likely spared the expense of a more detailed answer (which would have required more time and would cost evenmoremoney).
Access to legal research tools. Most lawyersaccesscases,opinions, and statutes through the use of some online legal research tool like Westlaw (which, like FindLaw, is owned by Thomson Reuters). These tools are much more expensive than you might imagine and lawyers set their rates in order to be able to cover these costs and more, and earn a living.
Staffing and overhead costs. Someone needs to pay the secretary, the receptionist, the paralegal, and the rent/utilities/other office expenses. Law firms only make money from the work attorneys do, so everyone else in the office, and the office itself, reliesonanattorneybillings. So how can you avoid these high hourly rates? You can try to take advantage of some lawyers' free consultations, but there's typically only so much you can discuss before your free time is up. Also, keep in mind that free consults are usually used by attorneys as a way to get clients in the door for the purpose of signing up new clients, so don't expect to walk away with a lawyer letter,ormuchmore than information on what you can do next (which will usually involve hiring that lawyer, if they want yourcase).
If you're searching for a more affordable lawyer, often solo practitioners (lawyers thatpractice without lawyer partners, and often with minimal staff) can offer the best, most competitive (lowest) hourly and contingency rates. This is due to the fact that solo attorneys tend to have the lowest overhead.
If you've already retained a lawyer, the best way to cut back on costs is to stay on top of things: Bring all necessary documents to your meetings and hearings, promptly reply to your lawyer's requests, and make a list of questions to ask all at once. Also, don't be afraid to ask your attorney what you can do to reduce the costs. Time is money, especially when it comes to lawyers, so make sure you spend it wisely.
By Andrew Lu
10 STEPS TO TAKE
\AFTER A CAR
ACCIDENT IN TEXAS
You’re on your way home from work when all of a sudden you hear a loud thump as something hits the side of your car. Your head spins for a while as you process exactly what just happened.
What do you do next? Do you drive away, afraid that you got distracted for a second and you were at fault? Do you get out of your car and start yelling at the other driver? It’s never easy to deal with an unexpected car accident. You’ll likely experience a range of emotions including confusion, stress, and anger.
After a car accident in Texas, it is important to remain calm in order to deal with the ordeal. If you become impulsive and act before you think, you may just end up finding yourself in deep water.
1. Stop and check the condition of the other party.
Your normal fight or flight response may prompt you to either stop and deal with the situation or simply flee and drive away from it all. However, it’s critical that you stay and check that the other parties involved do not have any major injuries. Find out if immediate medical assistance is needed. Turning a blind eye and choosing to ignore an accident that resulted in severe injuries or deaths may be considered a hit-and-run offense. Possible criminal penalties include fines, license disqualification, and imprisonment.
2. Inform the police as soon as possible.
Contacting the police is typically not necessary when a minor accident results in only mild scratches or dents. However, if you’re dealing with a major accident that involves considerable physical injuries, property damage, or deaths, it’s imperative that you inform the police before anything else.
Remember: If you fail to let the police know about the details of your road accident, it’s possible that you won’t be able to claim the compensation you deserve. Ensure that you keep a list of the cops, including their badge numbers, who get to the scene of the accident. Moreover, ask for a comprehensive police report later.
3. Keep your cool and avoid arguments. Many people inevitably become agitated and argumentative after a sudden car accident, particularly if they firmly believe that they’re not at fault. Still, it’s important to keep your calm throughout the ordeal. Don’t fight fire with fire. If the other drivers and/or passengers start yelling at you, avoid saying harsh words back at them.
Tense arguments will only worsen the situation and may even lead to physical attacks and further trouble. Thus, try to remain polite, rational, and level-headed. Exchange necessary information with the other party, and promote a respectful manner of communication.
4. Provide important details.
Certain information must be shared and exchanged with the other party involved in a vehicle accident. This includes the names, home addresses, phone numbers, email addresses, and basic insurance information of you and the other driver/s. Also, don’t forget to ask for license numbers and license plate numbers. The passengers must also share their names, addresses, and contact details. If there are clear witnesses, it helps to ask for their names and phone numbers to support your claim evaluation later on.
Remember to share accurate details. Providing incorrect, vague, or misleading information can be considered an offense. Let the other party know if you’re not the car owner. After writing down all necessary information, try to take pictures of the accident site to also help with the claim evaluation process
5. Do not accept or admit fault.
No matter how adamantly the other party insists that you were at fault, never state that you accept the blame. The other party may use your statements to their advantage during the claim evaluation and police investigation. It’s tough to determine the culprit of an accident right away.
It’s important to have the accident site properly investigated and all parties involved thoroughly interviewed. This process may take a while, so avoid admitting you’re at fault in the heat of the moment. Unsurprisingly, in many cases, both parties share the blame. Seek the guidance of a reputable attorney who specializes in your specific situation.
6. Stay away from advanced payment offers. Keep in mind that filing a claim is the right course of action to take to acquire proper compensation when you get involved in a car accident. Avoid accepting any payment ahead of time from the other party. Similarly, never make an offer to the other party.
Be careful when exchanging details. You may want to consult your lawyer first if the other party asks for more information than necessary or attempts to entice you with an early settlement. Your trusted attorney will likely advise you to wait until you receive proper treatment for any physical injuries and/or debilitating mental or emotional trauma.
7. Ensure your insurance provider is wellinformed.
You might think that a car accident can drastically affect your insurance premium. Nevertheless, it’s critical to inform your insurance provider if you don’t want to end up not getting adequate compensation. You’ll be surprised to know that your insurer will still find out about the accident sooner or later because if you don’t report it the other party will. Maintain cooperation and honesty when recounting the accident. Provide all important details, documents, bills, and photos requested by your insurer to experience a smoother and faster claim evaluation process.
8. Monitor your medical treatment.
Did you suffer any physical injuries that required hospital treatment? If so, it’s essential that you compile all relevant information, including the names of doctors, medical reports, bills, and receipts. Besides physical injuries, your mental and emotional wellbeing also matter. Put everything in a daily journal, especially if you missed work or failed to perform typical activities for a number of days or weeks due to physical injuries or mental/emotional suffering.
9. Talk to your insurer about car repairs.
If your car needs repair, discuss your options with your insurance provider first. They may tell you that you’re allowed to have your car fixed only at approved automotive shops. If you go to a non-approved shop, your insurer may refuse coverage of the repairs.
10. Ensure correct property damage valuation.
Your insurer will likely send a representative to conduct a damage valuation. Make sure proper assessment has been done. If you believe your vehicle has been valued inaccurately, you may acquire repair estimates from two different auto shops to have a better comparison. Let the claims adjuster know of any incorrect damage valuation to address the problem.
HOW LONG CAN I EXPECT MY CAR ACCIDENT CLAIM TO TAKE?
Ways the Auto Accident Claim Process Can Be Affected
Pretty much everyone who has been in a bad car accident that was not their fault has found themselves wondering shortly after the crash how long it is going to be until they get paid for all of their damages. No one wants to wait around for what feels like forever to get paid for the mistakes of someone else, after all. But when it comes to predicting how long a car accident claim will take to resolve, there is no definitive answer. There are many factors that can slow down or speed up the claim or lawsuit process, and each of these factors will be unique to your specific case.
Typical Car Accident Claim Process
The average car accident claim process will look like the following:
• Assess damages and liability: Before you can sue someone for compensation, you need to know how much compensation they owe you andwhether or not they are even the correct party to sue. The first step in a claim is figuring out your damages and the liability of the other parties involved. A car accident attorney can be instrumental in making this first step much, much easier for you.
• File a claim: When your damages have been calculated and liability has been pinpointed, you will have to file a claim against the right party. Again, to make certain there are no holes in your claim that could be problematic later, it is advised you work with a lawyer.
• Respond to inquiries: The opposing insurance company is going to come back with some questions about your claim, assuming they do not outright deny it.
• Settlement negotiations: If your auto accident claim is like most, then it will end in a settlement after some negotiations. Settlements can wrap up in one session or several. There is also the chance that no settlement agreement will be reached, which takes your claim to the next step.
Litigation: If the insurer does not want to settle your claim for a fair amount, then you will have to consider litigation with your attorney to get the compensation you deserve. Lawsuits involve many more steps, such as filing an initial petition, waiting for an answer, undergoing evidence discovery, and conducting a trial.
How Long the Average Car Accident Claim Can Take
Although there is no way to promise how long a car accident claim will take to conclude, it is possible to give a rough estimate. If a car accident claim is uncontested and a settlement seems highly likely, then it might take about 6 months for the claimant to receive compensation. If backand-forth settlement negotiations are necessary, then it could take 9 months or more. If litigation becomes necessary, though, then the timeline can extend quite a bit, taking anywhere between 12 to 36 months to end.
Three Factors That Slow Down a Car Accident Claim
Ideally, your car accident claim will take as little time as possible to conclude because you deserve to start living a little more comfortably again. As mentioned, six months would be considered a pretty quick conclusion to a car accident claim. There are many factors that can slow down any of the steps, though.
Three of the most common reasons why car accident claims take longer are:
Severe injuries: A catastrophic injury is difficult to fully assess until weeks or months have passed. Before that point, it will be unclear just how much the injury has affected you, your career, and your day-to-day life. If you have suffered a severe injury in a crash, then your attorney might advise you to wait longer than usual to file a claim so the extent of your injury can be better understood. Waiting for your doctor to determine you have reached your maximum medical improvement (MMI) before filing is often advised.
• Insurance company interference: Insurance companies like to advertise that they are incredibly friendly and caring, but they don’t say that they generally show a friendly face to their policyholders only. As someone filing against another insurance company, you shouldn’t expect red-carpet treatments. Commonly, insurers will use as much time as they are allotted to send responses, inquiries, etc. The hope is to get you, the claimant, to get impatient and either give up or accept a lowball settlement amount.
Courtroom procedures: Insurance companies, claimants, and attorneys all tend to want to avoid the courtroom simply because it takes time –potentially lots of time. Just getting a court date to start a lawsuit or arrange a hearing can take weeks or months if the court is busy with other cases. The more times your case needs to go to court to advance, the longer things will take.
Is
There a
Way to Speed Up a Car Accident Claim?
You might not be able to “speed up” a car accident claim, exactly, but you can help prevent it from slowing down due to mistakes and complications. Hire a local car accident attorney to help you with your claim from the beginning and let them act on your behalf. Using their experience and insight, they can help keep things moving and address concerns as they arise, which likely would have caught you by surprise and added to otherwise avoidable delays.
WHAT HAPPENS IF BOTH DRIVERS ARE AT FAULT?
Texas Modified Comparative Negligence Rules for Car Accidents
Often, it is really easy to pin the blame on one driver after a car accident and expect them to be fully liable for the damages. In truth, though, many car accidents are caused by both drivers making different mistakes that contributed to the crash. What happens then?
In Texas, liability for auto accidents is examined using a modified comparative negligence rule. This system allows liability to be assigned to each driver based on the mistakes they made and how that affected the chances of the accident occurring and the severity of everyone’s injuries. For example, if there was a fivecar crash and every driver was equally negligent, i–e–,liable, then each driver would have 20% liability assigned to them.
However, the “modified” part of Texas’s modified comparative negligence rule means that a driver can lose the opportunity to file a claim against another party if they are found to be mostly liable for the accident. Any driver who is at least 51% liable for a car accident cannot recover damages from the other parties involved. Under this system, it is imperative that claimants can argue down their liability as much as possible, which is usually handled best by a car accident attorney.
Modified Comparative Negligence in a Two-Car Accident
Imagine that you were in a car accident with just one other driver in Texas. You admit that you were reading and distracted by a billboard on the side of the road when the crash happened. But criminal evidence shows that the other driver was drunk and speeding at the time.
The liability in this situation may be split 80-20 in your favor, meaning the drunk driver is determined to be 80% at fault for the crash. Any apportionment is determined by a jury with this liability assignment, the other driver cannot demand damages from you or your insurance company at all. But you can still hold them accountable for 80% of your damages, which is your damages minus the amount for which you are liable (20%). This scenario shows the benefit of a modified comparative negligence system because it disallows counterlawsuits that would only slow down your claim and possibly cost you money as you attempt to defend yourself.
Consider Buying PIP Insurance
Even the best drivers can make serious mistakes sometimes and cause an accident. If this happens to you, then you could be in serious financial trouble if you’re found to be at least 51% liable for the crash. To safeguard your finances against such a situation, it is advised that you talk to your auto insurance provider about adding personal injury protection (PIP) insurance to your policy. PIP insurance pays for certain damages without considering liability, which means you can get much-needed coverage even if Texas’s modified comparative negligence rules prevent you from suing the other driver.
Damages that can be covered with PIP insurance include:
• Medical bills
• Lost income
• Aftercare requirements
• And more PIP insurance also does not preclude you from filing a claim against another driver if you are able. You can use your PIP coverage to get benefits right away while still suing another driver, assuming your liability remains below the 51% threshold.
In a Multicar Crash? Call Scott Law Firm
Our car accident attorneys from Scott Law Firm have seen pretty much every imaginable car accident claim since we first opened our doors in Conroe, Texas. If you were in a multicar collision and don’t know who to file a claim against because you might be partially liable, then we can help you sort everything out. Leave the details of your case up to us while you focus on recovering.
The
Elements of a Slip & Fall Case
Business owners, commercial establishments, and even local residents have an obligation to properly maintain their properties for the safety of the general public. Slip and fall cases frequently involve unsafe property conditions where an injury could have been prevented.
There are four basic elements to any slip, trip, and fall case:
• Did the property owner owe the victim a reasonable duty of care?
• Did the property owner breach his or her duty of care?
• Did the breach of the duty of care result in an injury?
Did the incident cause physical injury to the victim?
Holding Property Owners Accountable
Slip and fall cases seek to hold negligent property owners accountable. Property owners have a duty to warn the general public about known hazards. Additionally, this is why we frequently see yellow signs near puddles in grocery stores and warnings around dangerous construction sites. Property owners have a duty to keep public areas safe and warn the public about known hazards. However, after an accident, a slip and fall attorney can help you figure out who was responsible and determine your options.
There are several common causes for slip and fall accidents, such as:
• Dangerous steps and stairs
• Falling ceilings
• Poor lighting
• Precariously placed merchandise
• Tripping hazards
• Cracked sidewalks
• Poorly placed floor mats or doormats
• Icy and slick sidewalks
• Missing or poorly maintained handrails
Puddles in grocery stores
Damages Available to Slip & Fall Victims
Victims of slip and fall accidents are eligible to receive compensation for a wide range of economic and noneconomic damages, including:
• Medical bills and related care
• Lost wages
• Pain and suffering
• Permanent disability
• In-home assistance
Wrongful death (if the fall led to the death of a loved one)
Texas Slip & Fall Statute of Limitations
If you were injured in a slip and fall accident, it is important to know you have a limited amount of time to take legal action against the responsible party. In most cases, slip and fall lawsuits in Texas are subject to a two-year statute of limitations, meaning you have until the second anniversary of your injury to file a personal injury lawsuit in civil court. If you do not take action within this time, you will essentially lose your right to sue and will be unable to recover compensation for your injuries.
From a strategy standpoint, you want to give yourself as much time as possible to file a slip and fall lawsuit, even if you are confident your case will be resolved in the form of an out-of-court settlement. While a lawsuit is not always necessary, getting an attorney involved early on can help keep your options open and give your more leverage during settlement negotiations. Slip & Fall Frequently Asked Questions (FAQs)
Being hurt in a slip and fall accident can turn your life upside down in a heartbeat and will undoubtedly come with several questions. Our attorneys have put together some answers to some of the most frequently asked questions about pursuing a slip and fall claim in Texas.
WillIhavetoappearincourt formyslipandfallclaim?
It is possible you will have to appear in court, but this is unlikely. Most slip and fall cases end in the form of a settlement negotiated between the plaintiff's attorney and the responsible party's insurance company. Many slip and fall cases settle out of court as property owners understand it is typically less expensive and time-consuming to settle out of court than to go through a lengthy trial process. With that being said, a trial may sometimes be necessary in situations when the insurance company fails to offer a fair settlement or if there is a considerable dispute about who is liable for the plaintiff's injuries.
While a settlement is oftentimes preferable, our attorneys prepare every slip and fall case as if it were going to court to give our clients the best possible leverage during the settlement negotiation process.
HowcanIaffordaslipand falllawyer?
Nobody should be prevented from having access to quality legal representation due to financial hardship. Our lawyers at Scott Law Firm accept slip and fall cases on a contingency fee basis, meaning we cover all upfront costs of your case and will only require payment for our services if we are successful in securing a verdict or settlement on your behalf. If we are not successful, you won't owe us anything.
