Auto Insurance Claims - Do You Need A Laywer?

Published: 22nd November 2011
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The argument between lawyers and adjusters regarding the need of legal assistance will likely continue for a long time. Meanwhile, many individuals will handle their particular claims and many others will go to lawyers.

Don't assume all claimants need lawyers. If the plumbing in your house needs fixing, why would you hire a plumber if you can repair it yourself? However, if you can't fix your leaking faucet or jammed-up sink, then, of course, call a plumber.

Exactly the same idea applies to your accident claim. If the case is simple and you're simply confident that you can handle it yourself, go it alone.

You consult an attorney the same as you would a doctor-you click on the lawyer's office for advice. Consulting an attorney does not obligate you to hire him to deal with your case.

When you consult a lawyer, you should expect to pay him a fee for his time and advice.
The lawyer's consultation fee might be $5, $10, or $25. This will depend on the amount of the lawyer's time you're taking, his standing and experience and also the size of the community where he practices. Ask, prior to starting your session, simply how much his "consultation fee" will be.


Before you go to see the lawyer, have your facts and questions arranged in your thoughts or written out.

There are many methods of paying the lawyer if you decide to retain him. Most likely the two most widely used methods are: the contingent fee basis as well as the fiat fee basis.

You ought to be familiar with at least those two methods before you consult the lawyer.

Contingent fee. If the lawyer says he would be willing to handle the truth on a 33% or a Half contingent fee basis, precisely what does he mean? A contingent fee is a fee to be paid the lawyer only if he wins the case. The payment with the fee is conditioned on success. If the case fails, you pay nothing, except disbursements.

Contingent fees often are condemned by the public. A famous Ny lawyer, Mr. Henry W. Taft, expressed criticism of contingent fees the following and are known through the attorneys to be, without merit and are brought merely to make settlements. Far less than half of such suits arrived at trial but are settled due to their nuisance value.


Regardless of the criticism of contingent fees, they may be approved by law in virtually all states and by the Canons of Professional Ethics in the following language:

An agreement for a contingent fee, where sanctioned for legal reasons, should be reasonable under all circumstances with the case, including the risk and uncertainty of the compensation, but should invariably be subject to the supervision of the court, as to its reasonableness.

Many people do not understand the basic basis for contingent fee contracts.

"Contingent fees" originally were designed to help those who had no funds that to hire a lawyer. Many people think that a contingent fee arrangement will be the only plan this agreement lawyers will handle accident cases.

A contingent fee has merit. Clients want it because they don't have to pay in the event the case is lost. Lawyers like it because generally their fees are larger.

Example of contingent fee arrangement

Ingalls has a case of questionable liability. He has serious injuries and goes to an attorney. The lawyer advises Ingalls he will handle the situation. He will investigate the reality, try to negotiate funds and if necessary take the case to court.

Ingalls then really wants to know what the lawyer's charges is going to be. Suppose they lose the truth?
The lawyer explains that he will work on a 33 /2 percent contingent fee basis. He'll charge 33% per cent of any recovery made. If no recovery is manufactured, he won't collect anything. Get amigo auto insurance quotes online. Compare discount car insurance quotes online.

The lawyer says: "I realize organic beef lose the case and I will receive nothing for my efforts. Alternatively, we have a fighting chance. I'm willing to gamble my time on your case."

After months of skirmishing and pre-trial hearings, the situation is finally settled. Ingalls pays the lawyer 33 percent.

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Source: http://stepjdc8po.articlealley.com/auto-insurance-claims--do-you-need-a-laywer-2392277.html


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