Andrew Spainhower St. George

The 5 Most Common Reasons People Hire Attorneys

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5 Most Common Reasons People Hire Attorneys

This article’s purpose is to provide information regarding attorneys in general.   At McMullin Injury Law, we handle personal injury law. Personal Injury law is only one small sliver of the legal problems that people might have that would require an attorney. This article will educate the reader as to the different types of law that attorneys practice and give examples of situations that would require those types of lawyers.

#1  Business Issues

One of the most common reasons that people hire an attorney is for business issues. Whether that is business formation, writing contracts for business to business relationships or business to consumer relationships.  A business owner may also need to hire litigators to dispute contracts between businesses or between businesses and consumers.  Credit collections and those types of things also fall under the umbrella of things a business attorney might do.  It’s very important when you are forming a business entity to have it done by an attorney who is familiar with those processes that can not only form the entity correctly but give you the counsel that you need as you do so.  This is necessary to have you set up properly for taxation issues, growth issues and ownership issues, as well as whatever other legal issues, might arise.  An attorney will help you determine if your business should be an LLC (limited liability company) or a corporation.  Your attorney will also be able to help you understand your business and provide you with standard contracts for clients and help you understand contracts that you are entering into as well.

Other circumstances that a business might need an attorney would be when they are considering a merger or an acquisition of another company.  They might need help understanding zoning compliance or they might need one that understands how to register federal trademarks and copyright protections on products and services that a company may produce.  An attorney’s expertise in understanding the legal terms and ins and outs of leases would be valuable when negotiating for a new office space or expansion.  In addition, an knowledgeable attorney in this field would be able to anticipate potential problems in a new lease and should be able to provide a standard “tenant’s addendum”  that can be added as an addendum to any printed lease.

#2  Estate Planning

Estate planning is the second most common reason that people hire an attorney.  Mostly what this means is protecting one’s assets for the future.  As people are advancing in years or accumulating assets they want to have a plan in place for what happens with all that they have accumulated in the event that they pass.  They want to be sure that their wealth and assets are protected when they are gone.  Everyone will eventually pass away so this planning is very wise.  If you don’t have some type of plan in place that meets all the legal requirements in the state that you live in, your belongings will pass through intestacy- which is just a default state process.  If this happens you may have things going to people that you do not intend them to go to.

Effective estate planning will prevent this from happening.  In the event of a death, the transfer of wealth to other family members will be efficient and private without the need for courts and lawyers and the assets will be free of estate taxation as well.  Estate planning could also include providing for elderly parents or a disabled family member or children of a previous marriage.  In addition,  trusts, wills, and family limited partnerships can be used to eliminate estate taxes and still meet the needs of the client and his posterity.

#3 Family Issues

The third most common reason people hire an attorney is for family law issues. The most common need for this type of lawyer would be divorce.  Sometimes after a divorce, the need arises for modification of the original divorce decree.  These types of changes might include visitation rights, child custody, the collection of child support, spousal support or division of property.  Family law attorneys also handle cases involving paternity and guardianship.

The area of guardianship would apply in several situations.  One example would be if you were caring for someone else’s child other than an agency placed foster children.  If you are providing care for a child whose parents are unable or unwilling to provide that care, establishing legal guardianship would help you make decisions concerning the child when the parents cannot or should not.  This guardianship does not guarantee that the parent cannot come and take the child but it certainly helps establish that the welfare of the child is your responsibility.  Another example of the need for guardianship would be a case of a person being incapacitated by injury or disability.  This could be the result of an accident, disease, mental or physical disabilities or aging.  The purpose of guardianship is to appoint a responsible adult to make decisions about care, finances and other life decisions for a person who is incapable of making those decisions on their own.  The role of a guardian is to facilitate the independence and self-reliance of the person they are acting on behalf of.  An example of this would be a person that suffers a coma after a serious accident.  The coma victim will need someone to act on their behalf regarding medical treatment and other financial and non-financial decisions.

Adoption is also a matter that falls under the category of family law.  Adopting a child is a wonderful life event that is accompanied by legal matters that will require professional help to successfully navigate.  A family law attorney can help you negotiate fair terms with the birth parents as well as representing you in court hearings and communicating with adoption agencies on your behalf.  Whether you are planning a local adoption with an agency or a foreign adoption, an experienced family law attorney will be able to make sure that your documents are in order and you and the child are protected by the law.

Still, other cases for the family law arena would be cases involving juvenile delinquency, child rights, and emancipation.  Emancipation would be a minor (under the age of 18) who wishes to be legally responsible for him/herself.  A situation that might lead to this desire would be if the minor were married or the parents are abusive, or if they have an objection to the parents living situation or they have been kicked out of their parents home.  The laws regarding emancipation differ from state to state and so it would be wise to counsel with an attorney to review the laws that pertain to your particular situation.

#4 You’ve Been Charged with a Crime

Criminal law is the fourth most common reason that an attorney would be hired.  If a person is being charged with a crime then they would need an attorney that handles criminal law.  For people who cannot afford an attorney in the United States, they can actually have one appointed for them.  Those attorneys are called public defenders and their services are free to the defendant.  They are paid by the government to come and represent people that cannot afford their own criminal defense attorney. Most of these lawyers have extensive prior experience with the judges and the prosecuting attorneys that will try your case.  They have likely negotiated with them on many prior cases.  Usually, they are backed by offices that have investigators and researchers on staff that can work on your behalf.  They also have other resources available to them to assist indigent defendants.

Those who can afford their own attorney will probably be hiring a private criminal defense attorney. One advantage to hiring one’s own attorney to represent them is that their caseload may not be quite as full as a public defender and so the defendant may receive more individualized and focused representation.  Also because they are being paid by you, they may prioritize more time to devote to your defense. In either case, the law provides for a defendant to receive fair representation in a court of law in matters regarding criminal charges.

#5 One Person Hurts Another

The fifth most common reason that an attorney will be hired is when one person hurts another.  These types of cases are civil matters.  A crime has not been committed but rather an accident or negligence has occurred.  These are the type of cases that we handle at McMullin Injury Law.

In the event of most accidents, people don’t hurt each other on purpose and so it’s not a crime.  Jail time is not a punishment for an accident.  The at-fault person is not charged with any felonies or misdemeanors.  Instead, a civil wrong is referred to as a tort.   A tort is a wrongful act or an infringement of a right leading to civil legal liability.  In other words, the injured party has the right to be made whole by the person responsible for the accident.  A personal injury attorneys job would be to see that his client received a sufficient settlement to meet their needs resulting from an accident. These needs may include payment of medical bills, repairs or replacement of a vehicle or other property damage and compensation for lost wages or compensation for lost capacity to function in normal, everyday activities.  In the case of an automobile accident, an attorney would advise his client about the best way to proceed if the involved insurance company is not offering a fair and reasonable settlement or denying the claim.

Personal injury attorneys are only one branch of civil law.  Medical malpractice attorneys would be another.  These attorneys represent cases where clients have been injured through mistakes or negligence by physicians.  In a case of this type, there will be a need to prove a causal link between the injury and the measurable harm to the patient.  A lawyer experienced with malpractice cases could help a client navigate through the many laws that apply to this situation and determine if they really do a have a case.

There are several areas within civil law wherein the attorneys litigate cases but it all typically comes down to money or equity.  Personal injury attorneys are really representing cases about damages and rights and where the money should go rather than whether or not one person should go to jail or who is guilty of a crime.  Personal injury law seeks resolution for individuals who have been hurt through no fault of their own.

In review, this article has attempted to provide a brief overview of the different types of attorneys and the specialized types of services those attorneys can provide.  Quite often, when the need arises to hire an attorney, it is under duress.  For this reason, it is good to have a relationship with an attorney that can either help you with your present needs or refer you to someone that can.

In St. George there are many attorneys in every one of these categories that are very qualified to help you with all your legal needs.  If you are in need of an attorney here in St. George, even it’s something that we don’t practice here at McMullin Injury Law, we are happy to chat with you about your problem, and give you some general guidance up front and then refer you to several strong options for attorneys that practice law  in the arena that you really need.  Attorneys in St. George tend to have working relationships with other attorneys in town and this benefits those in need of legal services.  At McMullin Injury Law, our attorneys strive to maintain strong relationships with several attorneys in every one of these fields of law.  We can help you find your way to professional legal representation that can handle your legal matter appropriately.

top 5 things to consider before settling your injury case

6 Ways to Resolve Your Utah Personal Injury Case

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6 Ways to Resolve Your Utah Personal Injury Case

There are six ways to resolve a personal injury or automobile accident case in the State of Utah.  This article will explain your options and increase your understanding of how these processes work.  This will enable you to make a more informed decision about how you should proceed with your claim.  A qualified attorney will be able to guide you further in the direction that will best serve your needs whether you are in Cedar City, St. George, Provo, or Ogden. For more specific information on your case, call our Southern Utah Lawyers for help.

#1 Settlement

The first and most common way to resolve a case is a settlement.  This option involves no one getting sued, no one going to court, no one being placed under oath, and no one being served.  It’s much cheaper and easier to facilitate the resolution of a case with a fair settlement than through any other means. However, in order to reach a sufficient settlement, you will need to be armed with all the information you need in order to arrive at a fair settlement amount.  Most personal injury attorneys, including lawyers in Cedar City Ut, will meet with clients for a free initial consultation and can help you understand all that needs to be considered before you accept a settlement offer.

A case is worth what you have the leverage to negotiate for.  So both sides are going to analyze the strengths and weaknesses of a case.  Both sides will look at the facts and damages and compare them.  If they come up with numbers that are somewhat similar, then the case will likely settle.  However, sometimes the numbers are very far apart and in those types of cases, a settlement is not likely to work.  Other factors that could hinder a settlement are that there may be a dispute about the facts in regards as to what happened in the accident or the insurance company may even deny any fault on their side or accept only a percentage of fault.  They may also have a big problem with some of the treatment that was given and the charges associated with that treatment.  The insurance company may also fail to recognize that the injuries sustained in the accident will have long lasting effects on the claimant that will affect quality of life or ability to earn income or that may require continued medical treatment.  These could be reasons that the case won’t settle and you would have to consider one of the other options that we will discuss further in this article.

Lawsuit 

Although mediation or arbitration could occur without filing a lawsuit, they are both more common after filing a lawsuit. So a lawsuit would commence with one of really five different options.  Continue reading to find out to better understand what those options are and how each one could benefit or be more difficult considering the circumstances of your particular case. For specifics, call our St. George Ut Lawyers.

#2 Mediation

This is the second quickest way to resolve a case. It is actually a settlement, but it is done through a formal mediation process.  Mediation is a collaborative meeting where you and your attorney meet face to face with the attorney and the insurance company from the other side and discuss why you are so far apart and see if that helps.  These meetings are confidential and informal.  Also because they are less formal or threatening it is easier to preserve relationships if per chance parties involved in the case happen to be friends or family.

When both sides come face to face sometimes the insurance company is not as likely to just make a completely low-ball offer to you and sometimes you are able to reach a place that seems fair for both sides.  Typically, you will go and meet in separate rooms in the same building, the two opposing sides, and the mediator will bounce back and forth between the rooms and argue against both sides and point out your cases weaknesses so that both sides are more likely to meet in the middle.  This back and forth process allows both sides the opportunity to understand the other’s point of view and clear up any misunderstandings.  It can be very effective if both sides come willing to compromise and consider all that is presented by the other side. Call today for a free consultation with a Cedar City Utah Lawyer.

#3 Arbitration

Often times when you file a lawsuit instead of actually going all the way through to a formal trial and courthouse, like you see on television, you could actually go to an arbitrator to decide what is going to happen with the case.  An arbitrator is typically just a very experienced attorney who sits and acts as the judge and jury.  Both sides present their case.  You will be given the opportunity to present evidence and witnesses.   You still follow some of the same types of procedures that you would follow in court, it’s just you are not in court.  This saves you time because you don’t have to be on the waiting list for a courtroom. You will most likely meet in your attorney’s office or in a conference room somewhere.  The arbitrator will hear and see the evidence and testimony on both sides and then decide what happens on your case. McMullin Injury Law utilizes multiple conference rooms available from our own office in St. George Utah, all the way up through Cedar City and on to Northern Utah.

In Utah, there is something called a 321 arbitration.  That’s where someone that’s been hurt in a car accident can actually force the insurance company into arbitration.  Whereas, normally, for arbitration, both sides would have to agree that they will arbitrate rather than going to a trial.  But with 321 arbitration you can force the insurance company into it.  The drawback is that there is a cap and your case has to be worth less than $50,000 in order to utilize that option. And if you do utilize that option and you were to win, it is possible that the insurance company could just appeal for a trial de novo and actually take you to a jury trial anyway, thereby defeating the whole point that you wanted to save time and money. However, this is discouraged by the fact that there is some risk for the party that requests the appeal.  If the defendant requests the appeal and they are not awarded at least 30% less than the arbitration award, then they will be responsible for the plaintiff’s expenses with a cap of $6,000. So they can be risky in some circumstances but they can be a great option as well.

#4 Bench Trial

This is like what you see on TV that takes place in the courthouse but does not require a jury.  A bench trial can be a quicker option than a jury trial because time does not have to be taken to choose a jury and instruct them on the legal rules and proceedings of the courtroom.  Also the wait time to get on the schedule is not typically as long as the wait for a jury trial.

Also another benefit of a bench trial over a jury trial would be if there is potentially damaging evidence or irrelevant facts that could sway the jury that may be presented.  For example, testimony could be given in a jury trial that the defendant was a gang member.  This could sway the jury’s decision based on emotions of the jury.  In this type of situation a judge would be more neutral.

In a bench trial, the judge makes the procedural decisions and hears the evidence. He is actually the finder of fact.  Meaning the judge not only rules on the legal issues but he decides what happened in the case and how much the case is worth and gives an award.  Both sides will be allowed to present their case by calling witnesses, showing evidence that proves beyond a reasonable doubt that one party is at fault.

Typically, insurance companies in Utah are not huge fans of bench trials and they actually prefer juries.  This is because juries tend to be pretty defense minded in Utah and fairly conservative in their awards.  Insurance companies would rather take their chances on a jury trial. The good people of Cedar City Utah and St. George Utah generally don’t enjoy suing one another. Our Cedar City Attorneys are able to explain the process in a way that a jury will understand.

#5 Jury Trial

A jury trial is the big deal with all the hoopla. That is type of dispute resolution that takes by far the most time to schedule, prepare for, and to go through.  Often times a jury trial will last multiple days.  The judge rules on procedural and evidentiary issues in the courtroom.  His job is to decide what the jury can and cannot be allowed to see and hear in the case.  He will make decisions as to who can be a witness and what they can testify about as well as what documents or physical evidence can be presented.  This prevents the jury from hearing irrelevant, prejudicial or untrustworthy testimony or evidence in the case that the jury should not hear.   The jury is the finder of fact and so they will decide what happened at the scene of the accident and who is actually at fault and ultimately how much the case is potentially worth.

With any of these options you an appeal a decision from a trial but you have to appeal on a legal issue and go to appellate court and the case will become exponentially even more expensive and more time consuming. So these above resolutions are really, in a sense, final resolutions.

#6  Small claims

In Utah, the justice court is the small claims court.  You can bring a dispute to small claims court as long as the dispute is not for more than $10,000 total that you are disagreeing about.  So if you are involved in say a minor car accident, where you did get hurt, but it’s not a huge case, small claims would be an action that you can consider.  The benefits of small claims over all of the other options are that it is much faster to get to the resolution and it is cheaper to file.  The filing fee for a small claim can be as little as $60 if the claim is for less than $2,000 and as much as $185 if the claim is worth between $7,500 and $10,000.   Small claims cases in some counties in Utah are now automatically referred to mediation.  If that occurs, you will be asked to attend a mediation conference and if a resolution is not reached there, then a trial date will be set.  Your mediation conference is confidential and anything said there cannot be used against you in court.

If mediation was unsuccessful, the wait time is still shorter than a jury trial and you could potentially get on the court’s docket only a few weeks out.  Whereas with a jury trial or a bench trial,  you typically don’t expect to meet before a judge and have a case done for over a year from the time that you filed the lawsuit.  That’s another reason that oftentimes people will opt for mediation and arbitration because you can typically get those done in more like three to nine months rather than potentially a year or more like a jury trial would take.  In a small claims court, a judge decides what happens to the case and will issue an award right there.  They are not as time consuming and a little bit easier to get done and cheaper for the client.  So if you have a smaller case, this is an option you will want to consider.

Summary

In summary, this article has presented the six options that a citizen has when seeking resolution and fair compensation for damages.  These options apply to Utah cases whether the crash occurred in Salt Lake city, St. George, or Cedar City. In order to consider all the costs entailed in that claim, it would be wise to seek legal counsel from a qualified personal injury attorney.  Remember most attorneys provide the initial consultation free of charge and will help you make an informed decision about which legal route you should pursue.  They will likely ask you questions that may cause you to think of expenses and repercussions from injuries sustained in the accident that you may not have considered.  If you hire that attorney, they will work on a contingency basis. This means that you pay nothing for his services until your case is settled. If you are in need of a Cedar City Ut Attorney, give us a call.

Cedar City Utah Attorneys

McMullin Injury Law is in Southern Utah and we are here to help. Give us a call at 435-673-9990. Our primary focus is helping car accident victims in St. George and Cedar City, Utah.

This article and others on this site does not constitute a legal opinion or advice. Interactions on this website do not create an attorney-client relationship and does not serve as a replacement for consulting with an attorney. McMullin Injury Law expressly disclaims all liability relating to actions taken based on contents of this site.

Utah personal injury attorney explaining 5 ways to mess up your injury case

Top 5 Ways to Mess Up Your Injury Case

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Top 5 Ways to Mess Up Your Injury Case

McMullin Injury Law explains the five most common ways you can mess up your injury case. There are many pit-falls to be aware of after being hurt in a car accident. Sometimes, what we don’t know, can hurt us. This short video can prevent some of those mistakes. Being injured in any kind of accident can affect your life greatly. If you have further questions about what you should or should not do, you should call a capable attorney for further information.

Top Five ways to Mess Up Your Personal Injury Case

In this article we will be discussing five of the most common ways that a claimant can actually mess up their own personal injury case by simply not understanding the best ways to handle it. By reading this you will be armed with basic knowledge of what not to do when you are involved in an accident whether minor or major.  Consulting with a trained personal injury attorney at the time of an accident will greatly increase your knowledge and provide you with legal support and the peace of mind that someone is on your side and will help you navigate through the maze of statements, claims, paperwork and bills that can follow an accident.  At a time when you are in pain physically and in a stressful situation, this information will prove to be a valuable asset on your side.

#1 Failure to Call the Police 

After an accident, of course the first thing you do is make sure that everyone is alright and out of immediate danger.  The next thing you do is call the police.  Even if you are on private property; for example, a store parking lot.  The police should be called after any accident whether big or small.  Often times if the accident was small and little damage was done and no one appears to be hurt, people will decide not to call the police.  The problem with this is that it leaves the facts of the case wide open. This is a problem because stories can be changed after the fact.  It is essential that the police file a police report and get statements from any witnesses that saw what happened.  People tend to tell the truth at the scene.  They are upset, regretful and usually inclined to do the right thing.  It would be wise for you to also collect the names of people that witnessed what happened.  If the police are not called and a report is not filed, you will have problems later.  No matter how well-meaning or apologetic the other party involved in the accident may be at the scene, facts seem to have a way of changing with time and the realization that they are responsible for the damages that occurred because of their mistake.

It is not unusual for a party to completely change their story from what actually happened or what they confessed to at the accident when they are giving a statement to the insurance company.  If this happens to you, the at-fault insurance company may deny payment to you and even your own insurance company could deny your claim if they don’t believe you.  The last thing you want is for your insurance company to deny your claim because they don’t believe you and then raise your insurance premiums believing that you are at fault.  You can alleviate this problem by insisting that the police are called and getting the names and statements from people who witnessed what happened.  Also by calling the police and having a police report completed, you will be provided with insurance policy numbers and contact information that you will need as you proceed through the claim process. This is step #1 in protecting yourself and your family as well as your property should you be involved in an accident.

#2 Giving a Statement to the At-fault Insurance Company 

You can be sure that the at-fault insurance company will be contacting you as soon as their insured files a claim with them.  They will be friendly and helpful but they will be calling for a statement from you that will help them establish that the accident was not all their insureds fault.  They are good at getting you to say something dumb to them about the accident or injury that may come back to bite you later. They will be trying to prove that you did have a percentage of fault also.  They will be asking you questions that you may even have to guess about because you just are not sure.  Any of your comments can be scrutinized and may be used against you at a later date so be very cautious in your comments.   Be truthful, but certainly don’t guess or estimate anything until you know for sure.  You can say, “I’m not sure, I will have to get back with you on that.”  This is when it is very beneficial to you to consult with an attorney about your rights and the best way for you to proceed.

An example of this type of innocent statement being turned against a claimant happened when the at-fault insurance company interviewed a claimant who was traveling straight through an intersection. He had the right of way when a left-turning vehicle turned in front of him.  The insurance company asked when he noticed the other car.  He replied, “I saw them when the collision occurred, there was no time to stop.”  The insurance company construed that to mean that the claimant was not paying attention and should have noticed the approaching car several seconds before the impact and so therefore was not paying attention.  Of course the claimant noticed the other car a moment before the impact but there was no time to stop.  He was paying attention but did not have sufficient time to react to avoid the impact.

#3  Being a Tough Guy 

Being a tough guy means minimizing your injuries and pain. Most of us do not like to admit that we are hurting.  Most of us tend to tolerate quite a bit of pain before we complain or let the pain alter how we live or interfere with our duties as an employee or responsible family member.  Now is not the time to be a tough guy.  If you have pain, even slight pain, now is the time to say something about it.  Sure, the injury may be minimal and the pain may go away quickly but on the other hand, that may not be the case.  It is better to protect yourself by mentioning the pain right from the beginning.  This way there will be no surprises and no one questioning the validity of the claim or your personal integrity.  If you downplay your injuries at the beginning by saying “you are fine” or “ok” and you don’t see a medical professional at first, the insurance company may not believe that you were really hurt in the accident.  The problem with not speaking up about an injury is that the law says that the cost of you being hurt should be shifted to the party responsible for doing the harm.  If you do not see a doctor and you later make a statement such as “my back hurt for about six months” that claim will be worth zero. The insurance company will not believe you.   Your injury and pain associated with it must be documented by medical professionals with a diagnosis and what was done to aid your recovery or the insurance company looks at it as though the injury never even happened.

#4  Thinking you can’t Afford Medical Treatment 

Many victims of car accidents leave the scene of the accident with pain or injuries and they know they don’t have personal health insurance; therefore, they make the decision to skip seeing a medical professional to fully assess their injuries.  This is actually faulty thinking.  The state of Utah is a no-fault state when it comes to who pays first.  Whether the injured party was at-fault or not at fault, his/her own insurance or PIP coverage will cover their initial medical expenses. This is the first insurance benefit involved in an accident.    This is in place in Utah for this very reason, so that people who need medical attention will get it.  There is a minimum of $3,000 for this coverage on every car insurance policy in Utah.  You have this on your car, unless you are driving illegally without insurance.

However, after this initial $3,000 has been maxed out with the costs of proper medical treatment and if you do not have personal health insurance, you may be left holding the bag of the other medical expenses which may be substantial if your injuries were serious.   In fact, even if you do have health insurance, they may deny any claims until it is proven that your PIP coverage has been used to its maximum limits.  Later, as the investigation of the case unfolds, the insurance of the party that was at fault will cover those expenses, but only at the end of the claim with a one-time payment. So basically, the only way that your initial evaluation of your injuries will not be covered when you are involved in an automobile accident is if you don’t have insurance yourself on your own vehicle, which is against the law.

It is not uncommon for  medical bills to reach the maximum of an insured’s PIP coverage quickly. The person injured may be out of PIP coverage and yet still need medical treatment. The at-fault insurance company is only going to make one payment at the end of the claim so in the meantime; the victim is responsible to pay their own medical expenses.  The care must continue in order to establish that the care was necessary for the full recovery of the injured person.  In this case it is really helpful to have a personal injury attorney that can help you set up an attorney lien.  This is an agreement with your medical professionals that states that when a settlement is reached the medical bills will be paid before the patient will receive any money from the claim.  This will substantially relieve the financial stress and worry and allow the patient to focus on recovery.

#5  Social Media 

This is an area where you need to be very cautious.  In this day and age, everyone posts about everything on social media. Some people go so far as to post about the event of the accident and the details surrounding it.  They may even make statements about what did or did not happen.  They may even bash the involved insurance companies.  Don’t do this.  This can affect your case.  Saying negative things may get the insurance companies frustrated with you and less willing to help you.  Some claimants have even claimed an injury and complained that injuries effect on their everyday lives and then posted pictures of them recreating that shows that they are indeed not injured.  At least it appears to anyone observing, that they are not injured enough to alter their activities.  Juries have been swayed by this very thing when in fact the person in question was still very much in pain but just trying to go on with his/her life.  Also be careful that friends or family members don’t post pictures of you that would make it appear that you are not injured as you claim to be.

Summary:

In review, in the event of an accident, it would be unwise to skip calling the police.  You need that police report filed and you need statements from witnesses that can verify what actually happened.  Be cautious when providing your statement to insurance companies.  Make sure you are truthful but thorough and consult an attorney.  If you are not sure about a question, say so.  Remember now is not the time to be the tough guy.  If you are hurt, even if you feel your injury is minor, report it.  Seek medical attention even if you do not have health insurance.  Your own auto insurance will cover your injuries at least up to $3,000 as long as you are insured in a no-fault state and your policy is in force at the time the accident occurred.  And finally, do not use social media to tell the world about your accident, your injuries, or your claim and be careful about posting your activities if they can possibly prove that you are making a false claim to an injury. For further information call the attorneys at McMullin Injury Law at 435-673-9990.

McMullin Injury Law is in Southern Utah and we are here to help. Give us a call at 435-673-9990. Our primary focus is helping car accident victims in St. George and Cedar City, Utah.

This article and others on this site do not constitute a legal opinion or advice. Interactions on this website do not create an attorney-client relationship and do not serve as a replacement for consulting with an attorney. McMullin Injury Law expressly disclaims all liability relating to actions taken based on contents of this site. This article is for general education purposes, if you are seeking legal advice, contact an attorney. 

Top 5 reasons to hire a personal injury attorney

Top 5 Reasons to Hire a Personal Injury Attorney

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Top 5 Reasons to Hire a Personal Injury Attorney

Top 5 Reasons to Hire a Personal Injury Attorney – This video explains common reasons why it may be in your best interest to hire an attorney if you are injured in an automobile accident. McMullin Injury Law is located in St. George, Utah. We’re in Your Community, and on Your Side.

Top 5 Reasons to Hire a Personal Injury Attorney

This article will help explain the top 5 reasons why hiring a personal injury attorney is a good idea after a car accident. When an individual is involved in an accident they may not only be physically injured but also worried about how to even begin the process of taking care of themselves and handling all of the inconveniences and financial worries that can come with an accident. An accident is just that, an accident. It is something that one is unprepared for. This article will break down the 5 reasons to seek an attorney’s help when you are involved with an accident to make sure you take care of yourself and your family the best way possible.

Reason #1 Avoid the Hassle

The first reason might surprise you because it’s not about the money. The most important reason to hire an attorney is to allow you to focus on you and your loved ones. You need to worry about getting better. Let someone else worry about dealing with all of the other things, the medical records and bills, the insurance companies, and talking with the doctors, and the financials. When you get in a car accident, you may not even know where to begin with all that should be done. You have paperwork and bills stacking up, you have your own insurance company to deal with, the PIP (personal injury protection),the at-fault liability carriers bodily injury policy, and maybe also property damage concerns. All of these parties will be sending you letters, asking you questions that you may not know how to answer. All of this can be extremely confusing and stressful and can take valuable energy away from the work of getting healthy and healing.

An effective way to relieve this pressure is to hire an expert. An experienced, qualified attorney handles this kind of paperwork every day. They have a system to deal with all of it that is streamlined and effective. They can handle it all properly so you can focus on getting better.

Reason #2 Level the Playing Field

People may think that if they hire an attorney they are being aggressive or greedy. The truth is that your insurance company as well as the other guys insurance company, has teams of attorneys working on their side to minimize the effects of the accident and the impact your claim has on their pocket-books. Their job is to pay you as little as possible. From the moment your accident is reported to your insurance company, you can be sure that they will begin their research and investigations to assure that their cost will be minimized. That is their business. You need to level the playing field by having an advocate on your side that is experienced and understands the law to ensure that your rights are maintained and the effects of the accident on you and your lifestyle are considered. You need someone to make sure that the insurance company deals with you in a fair and timely manner.

Oftentimes, no one gets sued, but you need to be aware that you may have only a limited time to sue for your injuries or damages after a crash. It is critical for you to know what those time limits are.  Your attorney will know the statute of limitation laws for filing car accident claims and can help you meet those deadlines.

Reason #3 Avoid Pitfalls

You don’t know what you don’t know when you don’t know it. There are things that come up during the pursuit of a case that will trap you or that will allow the insurance company to ding you and not fairly compensate you for an injury or even for the repair or value of a car or property that is damaged after a car accident. These are things that you just may not be aware of because you have never dealt with a situation like this before. There are many pitfalls when you are pursuing a personal injury claim. There are many ways that you could get into trouble, a lot of ways that you could make a mistake that could cost you money that you need to recover fully or restore what should be restored. The insurance company will use a mistake that you make against you in order to minimize the value of your claim. For example, you may use the phrase, “Oh, I’m ok.” When in your mind you mean, “Well, I hurt, but I mean I’m not dead, I’m going to be fine.” The insurance company takes that statement to mean that you  you are ok and therefore uninjured in any way. Later, when you have to deal with medical bills from your injury, they will deny the bills and claim that you must have been hurt doing something else.

An insurance company may also dispute the fact that their client was at fault. In this situation, they are basically saying that you don’t have enough proof to show that their client is responsible for your expenses. An accident attorney will assist you in providing the proof to show that the other party was indeed at fault. It can be complex to prove the liability of the other party involved. Even if there were witnesses and a police report that states the other party was at fault, even when a citation was given, it can sometimes prove difficult to show that they were negligent. With so many elements involved in a personal injury case, it would be wise to have someone on your team that understands the law and can provide references to previous cases and citations from other sources of the law that will support your position.

When deciding if you need an attorney, you need to consider the severity of the injuries you or your family member sustained as well as the damage to your property. Ask yourself how long it will take to recover, how much time off of work will your recovery cost you  as well as the long term repercussions of your injuries.

Reason #4 Get Compensated Fairly

Now we talk about the money. Statistically, an attorney is going to get you more money in your case than you will be awarded should you handle your claim on your own. Obviously, the smaller the case, the less an attorney will be able to help with. But the bigger the case, the more an attorney will be able to assist you in collecting more money. Compensation means money. It’s called “damages” in legal terms. What that means is the insurance company for the at-fault driver, owes you an amount of money that makes you whole under the law. In order to get you compensated fairly, we have to be able to explain and show and prove through written documentation, why your case is worth what it is worth, both with special damages and general damages. When you don’t understand all of the various things that entitle you to compensation under the law, there is just no way for you to get compensated fairly. And again, an attorney is not looking to get you a compensation amount that is crazy, or above and beyond or frivolous. What we look to get you is the full amount that is fair and reasonable under the parameters of Utah law.

As mentioned above, when you ask yourself how long will recovery take, an attorney will be able to help you come to a realistic answer to this question. His expertise in this area will aide you in making an informed decision. If you have sustained a long-term injury, one that last a year or longer, your physical therapy, time away from work, medical expenses, etc. will continue to mount up. The financial loss in an injury like this can be devastating if the proper steps were not taken to protect you and your ability to recover. You may even have an injury that disables you for life, in this situation you definitely need a legal professional on your side. In this case, a personal injury attorney will consult with each medical professional involved in your care to assess what your medical care and recovery will entail and what projected expenses for that care will be.

Reason #5 Why have insurance if you can’t use it?

People might hesitate to make a claim because they think that would be greedy or that it may drive their insurance premiums up. Insurance premiums are assessed based on future risk and future risk is based on fault. If you are at fault, it is possible that your insurance rate will go up. If you are not at fault, it is highly unlikely that your insurance company will raise your premium going forward because it was not your fault. The risk of you being in an accident in the future has not gone up. They will continue to charge you the same premium that you have been paying.

So why have insurance if you can’t use it? Why continue to pay premiums every single month when even when facts arise to where you have a valid claim under your policy that you have been paying for, that you’re not even going to make that claim?  If that’s the case, why have insurance at all. It is a pretty profitable deal for insurance companies if you are the type of person that they can just charge every month indefinitely, for your entire life and no matter what happens, even if the terms of this policy, this contract that you pay for with them is triggered by some car accident or something else happening and they know that you are not even going to make a claim. That is a pretty imbalanced equation for them. That would make anyone want to start an insurance company, because why not right? If people are willing to pay every month for a service that they will never use, literally paying for the insurance company to do nothing for them. That is a pretty lucrative business model.

You need to be able to get yourself better and make yourself whole. You have insurance for this very reason.  A dependable personal injury attorney can mean the difference between a fair outcome for you and your loved ones or more stress that only compounds your worries and health concerns. Time is of the essence in many cases involving injuries.  The insurance companies may interpret your silence or the length of the time it takes you to see a medical professional  or to seek legal counsel as a sign that you were not in pain or not initially hurt in the accident.  At least consult an attorney that has experience and legal knowledge that will help you determine the best course of action that will lead to the fairest outcome for you and your family.  Remember the collision itself is not the only danger of a car accident.  The legal ramifications and the financial cost to you and possibly your family may not end with the car repairs and a visit to a medical professional.

Seeking good legal counsel will help you to understand what other dangers may come up in a case such as yours.  Consulting with an attorney about your case will allow you to ask questions and get reliable answers that can help guide the crucial decisions that you will need to make.  Your attorney can help you decide if you have a viable case and determine what rights you have.  At this point, it may be determined that you do not have a case, if this happens, you will have saved yourself a lot of stress, time, and money by taking the time to let a professional help you determine that.

So to sum up, there are many good reasons to consult an attorney when you or a family member is involved in a car accident.  You need a professional to answer your important questions and guide you through the process of making a claim when injuries have occurred.  This information will allow you to make important, timely decisions that will impact you and your family. For more free information, call McMullin Injury Law at 435-673-9990.

McMullin Injury Law is in Southern Utah and we are here to help. Give us a call at 435-673-9990. Our primary focus is helping car accident victims in St. George and Cedar City, Utah.

This article and others on this site do not constitute a legal opinion or advice. Interactions on this website do not create an attorney-client relationship and do not serve as a replacement for consulting with an attorney. McMullin Injury Law expressly disclaims all liability relating to actions taken based on contents of this site. This article is for general education purposes, if you are seeking legal advice, contact an attorney. 

Question: How Does an Attorney Settle My Case?

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Question: How Does an Attorney Settle My Case?

St. George Attorney Answer:

After all of the research for your case has been completed, your St. George attorney will keep in touch with you to track the progress of your healing and recovery from your injury.  In most cases your injury will heal quickly and it will be time to settle your case before you know it. Your St. George attorney will send a large packet of information to the at-fault driver’s insurance carrier. This package will contain a letter in which a specific monetary amount is demanded.

This letter of demand from your lawyer outlines the important highlights of your case. It is a formal request to start settlement with the insurance company. After the claims adjustor at the insurance company receives the letter of demand, there will be meeting at the insurance company with the adjustor and the right supervisor with authority to make decisions about your settlement.  After the insurance company has come to the figure that they have agreed to as the “authority figure,” for the settlement range, the adjustor will respond to your St. George attorney. This contact will begin negotiations between the adjustor and your lawyer to reach an agreeable settlement for both parties.

Your case may be able to be resolve over phone conferences and digital correspondence between your lawyer and the insurance company. The time it takes to negotiate and complete the settlement depends on several factors. These factors could include the type of insurance company, and how many claims the adjustor is managing, among other factors.

Does the At-Fault Insurance Just Pay Whatever Amount My Attorney Asks For?

No. Boy would that make life easy. The more the attorney can use Utah law to strengthen your case, the more the insurance adjuster will be willing to pay to get you to go away. Most of the time, the demand figure that your lawyer sends to the insurance company in the initial settlement request letter is higher than the settlement range agreed to by the insurance company. This leaves room for negotiation for both parties, and it very common for personal injury law.

Your lawyer’s expertise in this area of negotiating these cases will allow for a great deal of room to negotiate. Do not expect your actual settlement amount to exactly match the demand figure. It will end up lower than the initial demand figure.

Once the Demand is Made, How Long should it Take?

In general, it takes a few weeks to a few months or sometimes more to settle a case after the initial letter of demand is sent. In simple cases where the damages are not major, the case settlement process can happen in a month or two after the demand letter. But every case is different, and your attorney will help you know what to expect.   The time it takes to settle could be affected by:

  • The number of files the claim’s adjustor is handling.
  • Whether or not the claim has been well-documented and prepared
  • How clear-cut is liablity?
  • Whether or not there is any culpability on your part
  • Was anyone else hurt?
  • The internal claims process of the insurance company involved. This includes the number of supervisors required for approval of the offer.
  • How agreeable your attorney’s demand figure is.
  • The time of year, if your adjuster is swamped, it may take awhile.
  • The state of the economy in relation to your claim.
  • Could anyone else be responsible for your injuries?

So if they will low-ball me, why not lead with an enormous demand amount?

If you don’t have interest in settling, go ahead and do just that. Think about it this way, if someone came to you and wanted to buy your car. You thought it was worth about $30,000 but the buyer led with an offer of only $1,000, would you even bother to counter offer, or would you look elsewhere?

People commonly believe that the lawyer for the injured party should request a very high figure initially, since the carrier will respond with a lower figure in negotiations. This tactic doesn’t work. If the demand figure is ridiculously high in comparison to the evidence, the insurance companies will not even respond.

Asking for a high demand figure will just delay the process, and sometimes make the insurance carrier refuse to negotiate at all with your attorney. Your St. George attorney will use his expertise to make a reasonable demand for you.  Because he is familiar with settlement negotiations for personal injury claims, he will have the best strategy for the amount of the demand figure.

After the insurance company and my attorney agree upon settlement, how long will it take to get my money?

After an agreement has been reached between your attorney and the insurance carrier, the settlement process will take about two to six weeks. This is the average amount of time to sign all the documents, get the check, and make dispersements to all appropriate parties involved.  There are sometimes exceptions, but the process usually takes about a month.

Doe Anything Else Need to be Done Before I see the Money in my Hand?

There are a few steps here:

The insurance company is paying you this sum of money in exchange for your giving up your right to sue for the accident. Before any money changes hands, they will require you and your spouse to sign a release of liability and return it. They want to make sure all their I’s are dotted and their T’s are crossed before they pay you anything at all. Read the release carefully. You cannot accept their money, and then sue them for the same accident down the road.

  • Your attorney will need to make payment for any medical bills that have not yet been paid in full, and also reimburse any health insurance company that has covered medical expenses for your injury.
  • After all the bills are paid, all that remains is your attorneys costs and fees. At McMullin Injury Law, we keep costs as minimal as possible. We don’t charge you for office supplies, time, etc. To us, costs are things that require us to write a check to someone else specifically in the pursuit of your case. Once costs are reimbursed, attorney fees are taken out, and the rest is turned over to the client.

After all of the other fees (attorneys’ fees, medical bills, liens, other costs) will there be anything left for me?

At McMullin Injury Law, our ultimate goal is to maximize your recovery. We will do whatever is necessary to ensure that the client comes away as the winner. We won’t take a case unless we add value. If you don’t need an attorney, we will tell you that up front. We are able to achieve results for our clients that they would not be able to achieve on their own.

It is important to keep in mind that law allows compensation for your injury—which is compensation for lost income, medical expenses, and an amount for pain and suffering.  The law does not allow for any injured parties to “get wealthy” from personal injury claims, especially small claims.  Your St. George attorney will do the very best for you to make sure you are fairly compensated and get what you deserve.