DO I REALLY NEED TO GET A LAWYER?
DIFFERENT ATTORNEYS FOR PERSONAL INJURY CLAIMS

DIFFERENT ATTORNEYS FOR PERSONAL INJURY CLAIMS
Whose side are the Insurance Companies on?
The Insurance Company and Their Attorneys
So, Do I need a Personal Injury Attorney for the type of accident I have been in?

The decision of whether to retain a Personal Injury Attorney is a decision only you can make. There is no requirement that you retain an attorney, but there is an old adage that a brain surgeon who operates on himself has a fool for a patient. There are, therefore several things to consider. And, with any other decision you make, it is always best to consider your options. Generally, moderate to serious injuries require an experienced Personal Injury Attorney, and not having a professional represent you is like doing a brain operation on yourself. Do not be fearful of speaking to one or two attorneys before making your decision. You should feel confident that you are making the proper decision when retaining counsel. The LoBELLO LAW FIRM will be happy to discuss your options with you; without obligation.

However, the general rule of having to retain an attorney for a moderate to serious accident does not always work, as there are many accidents today in which even with smaller amounts of damage to the vehicles (property damage) there are injuries which occur that are out of proportion to the property damages. For example, in a minor fender bender, where there is $200.00 in damage to a vehicle, typically, defense lawyers hired by the insurance companies will argue that will such small damage to the vehicle, the person inside cannot have been injured. However, we recognize today that the degree of injury sustained will vary on many factors, and there are areas of expertise, used by experienced attorneys to prove such variables, such as biomechanical experts. These experts are proficient in the science of how the body moves and works, and what occurs in a small impact accident, if a head is turned or a body is twisted at the waist when the impact occurred.

Thus, you can easily see that it is not a simple matter, even in a small case, and what you must remember is that the insurance company adjusters and attorneys are not on your side. They do not take the side of the injured person. The topics below, should help you make an informed decision.

INSURANCE COMPANIES

Insurance companies are simply profit drive entities. They are in business to make money. Making money in the insurance industry in done by collecting, and retaining more money in insurance premiums than are paid out in claims. The difference is profit to the insurance company, and insurance companies today have profits in the tens to hundreds of millions of dollars. Therefore, the first step made by an insurance adjuster, working for the company is to try to buy short the claim, and even deny it. The insurance carriers will deny many claims, and often get away with a denial unless you have retained an experienced personal injury lawyer.

So, as with any company, the loyalty of an insurance company is to its shareholder, to make them profits on their shares of stock. Insurance claims departments handle accident claims as they are reported. There are fairly stringent polices and internal protocols in handling claims. The goal of any insurance company, and their attorneys (called insurance defense counsel) is to settle claims made against the company for the lowest possible amount. It is common for an insurance company adjuster, after having had a claim made by the person they insure, to contact you, as an injury victim, and to try to buy the claim very cheaply. You must be very careful in dealing with an insurance company, whether it is the insurance adjuster, or insurance defense counsel. Typically, an insurance defense attorney does not become involved until after you have filed a lawsuit with the courts. Under the typical vehicle insurance policy, the insurance company is required to tender defense of the person they insure, who has been sued.

Dealing With An Insurance Company Adjuster

You should NEVER deal with an insurance company or their representative without the benefit of having your own legal representation and counsel. And, why not, the insurance companies have thousands of attorneys working against you. If you have been in a vehicle accident (including car, motorcycle, bus, boat, or even moped and bicycle) inform your Personal Injury Attorney BEFORE you speak with the insurance adjuster for the other party. The importance of this cannot be stressed enough. You are not required or obligated to give a recorded or signed statement of any kind, as such statements are used against you later, a typical insurance practice. The un-aided statement to the adjuster early on in your claim could significantly hurt your case and chances of recovery later. The general rule is do not speak to anyone, especially the insurance company representative from the other insurance company about what occurred, at least until you have consulted a professional Personal Injury Lawyer. Call The LoBELLO LAW FIRM today, at 702.870.8000.

An attorney can help you with any statement that may need to be given. However, whether you have an attorney or not, always be as brief as possible in your responses, answering Ayes@ or Ano@ whenever you can. Do not guess answers to questions, if you do not know, say so, as that is a fair answer to a question. If you do not remember, say just that, otherwise you are opening yourself up to some significant problems down the road. Do not give your opinions, but rather refer the insurance adjuster (even the insurance defense lawyer) to the medical records, medical bills, accident report, property damage estimates and the like.

There are many factors involved in an insurance adjuster's processing of a claim, and no two companies or adjusters do this quite the same way. However, the factors used, assist the adjuster (not you) in arriving at an amount of reimbursement that may be offered to you later on. Insurance companies attempt to set Reserves@ on a claim early on, and if possible, try to settle the claim you have made within the reserves. This is so they are sure the funds are available when needed to settle all liabilities (claims) on their books. But, what is important is that even if a reserve is set at, for example, $50,000.00, the adjuster will never tell you the amount, and will always try to settle for much less. This is the negotiation process, and there is an art to the experienced Personal Injury Attorney's negotiation of a case for settlement.

For any information that is to be provided to an insurance company adjuster, an experienced attorney can always assist you in providing that information in the way that is more beneficial to you and your case. For more information in this regard, or on any aspect of your injury claim arising in Las Vegas, or anywhere in Nevada, contact the experienced Personal Injury Attorney at The LoBELLO LAW FIRM, and speak to Mark LoBello, Esq. Call 702.870.8000, or use the convenient Email link at the bottom of this page.

Can I Really Waive Liability

In trying to get you to prematurely settle your claims against another driver, an insurance adjuster may call you, on the telephone and attempt to have you discuss the case, and possible settlement. If you agree to anything, without knowing the extent of your claim or injuries, and other economic and non-economic losses, you may waive the liability of the adverse driver. The adjuster will then send you a Release, which is a document that releases the Defendant (the person who hit you) from any and all further legal responsibility - liability.

If you have been injured in an auto or other vehicle accident and an insurance representative asks you to sign a form, please be sure what you are signing -and do not sign anything you are given without the advise of an attorney. Remember at all times that the insurance company and its adjusters DO NOT work for you. They will try to settle claims for the least amount of money they can, and by having you sign a release, you waive your rights to any further, additional, and most often necessary compensation. Further, the release, prevents you from suing the person who struck and injured you at a later date; by signing the release, you will never be able to sue that party for damages later, even if your injuries and your condition gets worse in the future.

If you do not understand, or have ANY questions about a document sent to you by an insurance company adjuster, please seek the advise of an attorney immediately, and sign nothing. Call The LoBELLO LAW FIRM at 702.870.8000, or send an email by using the link provided.

So, What About a Personal Injury Attorney?

As discussed above, selecting an attorney to represent you in a personal injury case is a very important decision. Remember, that you have one shot at this and that it is your case, you have been injured. You deserve the best in medical treatment that can be obtained; you deserve to have your vehicle repaired or replaced; you deserve to be compensated for wages lost from work as a result of the accident, and many other areas of compensation. (See this site for Personal Injury Damages). Because the Personal Injury Attorney you choose to represent your interests, it is important that you retain an attorney who is competent and experienced with Personal Injury Law in your jurisdiction; preferably an attorney who has experience in taking a case to arbitration and/or trial (see this site for further information on Trials). More frequently today than in the past, insurance companies will fight claims made, all the way through a jury trial of your case. This can be a long and complicated process, and without the benefit of a competent and experienced Personal Injury Attorney, you take a great risk to your case.

You may seek referrals of reputable personal injury attorneys from persons you know and trust. But, it is not suggested that you retain a personal injury attorney simply because that attorney prepared your father's Will, or because he set up your friend's corporation. Do not be mislead, Personal Injury Law and practice in this area of law is often complex and very detailed, and requires proof of many different elements of law and damages are absolutely necessary to prevail.

An old lawyer once told a client who consulted with the Attorney that retaining an attorney was not unlike buying a car; don't be afraid to kick some tires, he said. If an attorney has represented a friend or relative, and done a god job, speak to that attorney, but make sure that he or she has experience in the area of personal injury in which you find yourself involved. Information on the attorney's background and experience, can be gotten from your local Bar Association. However, you should make sure you understand that if your case were to go to trial, you are going to be working with your attorney for up to two or three years. You should have confidence in the attorney you chose. Remember also that Personal Injury cases are handled typically on Contingency Fee Agreements (see this site for information on these fee contracts). Make sure the Fee Agreement is explained, and that you obtain a copy of the Fee Agreement. Most, if not all Personal Injury Attorneys take these cases on this type of Fee Arrangement, but you are still responsible for costs (not fees) whether you win or lose the case. Feel free to contact The LoBELLO LAW FIRM to have all of your questions answered. Call 702.870.8000.

Is The Attorney's Reputation Important?

Today, the acts of a few attorneys have tarnished the reputations of so many more attorneys. Most lawyers consider themselves professionals, who have worked very hard to become expert in the fields of law in which they practice, and to maintain a good reputation. The LoBELLO LAW FIRM takes pride in the professional ethic. Professionalism and respect characterized the profession in years past. This Firm prides itself on that ethic and our responsibility, in using the highest standards of conduct in representing our clients' interests. Our clients come first. Our clients' legal matters are of paramount importance not only to the Firm but also to the client, and we are always cognizant of that fact.

While utilizing the highest standards of professional responsibility, The LoBELLO LAW FIRM seeks to maintain the administration of justice. Standards of conduct for attorneys are determined ethically and legally through Codes of Ethical Responsibility, and the conduct of attorneys are governed by the Supreme Court of each state, and by the State Bar Association in each state. These standards seek to ensure the prompt, effective, adequate and lawful assistance to the attorney's clients. Further, each Attorney is usually a member of other professional associations and affiliated with professional organizations. Those to which Attorney Mark A. LoBello, Esq., are a member in god standing can be found on this website under Associations. We have provided links to these Associations for your information and education.

As with any other attorney, the Personal Injury Lawyer is an Officer of the Court, a representative of the legal system, a public citizen, and should be entrusted to safeguard his client's interests when negotiating the resolution of a case, while maintaining fairness to others, and the LoBELLO LAW FIRM prides itself in acting competently, promptly, fairly and diligently. Please call our offices at 702.870.8000 to speak with Mark A. LoBello, Esq.

THE LoBELLO LAW FIRM?

The LoBELLO LAW FIRM has endeavored to provide the information on these pages as a public service, and while this website says a lot about the Firm, references can be a good source of information about the reliability and competency of the Attorney's skills and practice. State Bar Associations can be an excellent source of a referral if you are unfamiliar with lawyers who practice in a given area of law. Mark A. LoBello, Esq., is one of the Attorneys who are referred many clients each year by the State Bar of Nevada.

However, because you are at the Firm's webpage, you may contact our offices directly, by calling 702-870-8000, or by sending an Email using the link provided. An attorney will respond to your inquiries personally.

Are Personal Injury Lawyers Board Certified Like Doctors?

Some State Bar Associations do certify Attorneys as Experts or Specialists in some areas of legal practice. The State Bar of Nevada does not certify experts or specialists as of yet. Thus, while in some states the board certification process allows the public to choose an attorney with specialized skills and experience, while adding an element of confidence, this is not the practice in Nevada at the present time.

In states where there is legal board certification, each board certified lawyer must have demonstrated substantial involvement in the area of law he or she is to be certified in, ma be required to pass a rigorous written examination, and participated in a substantial amount of continuing legal education above that required of other Bar members, and may also have to complete a peer review process.

To become a board certified civil trial attorney for example, a lawyer must have demonstrated substantial experience in civil trial law. In states other than Nevada you may contact your state's Bar Association for inquiries related to board certification of lawyers in that state.

The Personal Injury Statutes of Limitations
What can result in a loss of my rights?

An issue that is worth mentioning again, in closing, is the statutes of limitation. As has been explained elsewhere on this site, each and every state has statutes that prescribe the time limitation in which you must file your personal injury claim in court, or be forever time-barred. These laws are passed by the Legislature in each state, called Statutes of Limitation. The time periods of these statutes vary from state to state and, depending on the claim to be made and jurisdiction in which suit is to be initiated, you must be aware of what your time limits are. These time limits govern every type of claim from wrongful death actions to medical malpractice cases, to claims on title to real property. Generally, the statute of limitation applicable to you claim will depend on where the accident occurred. For example, if a California resident comes to Las Vegas, and is involved in an automobile accident in Nevada, it is the limitation period in Nevada, where the claim will be brought, which applies. The Statute of Limitations in California for automobile accidents does not apply, although the injured person may reside in California, or any other state. If a claim exists in the State of Nevada, you must have an attorney in Nevada.

These are important distinctions, as California has a one (1) year statute for negligence. Nevada's is two years. In California, you may need to file a claim quickly; whereas in Nevada your attorney may not want you to file the claim until all aspects of the case have been investigated and analyzed, and all damages are known. A claim filed prematurely moreover, may be subject to dismissal. Different cases and differing issues are subject to varying periods of limitation, so be sure to verify the period of limitations that will apply to your case with an experienced attorney.

Causes of Action are the claims, which are alleged in a lawsuit and are preserved by the filing of a complaint. The complaint tolls (or stops the clock) the time period from running. Once suit is filed, the named defendant(s) are served with process. Being serviced with a copy of the summons and complaint, is called being served with process. In many instances an experienced attorney will have an investigator immediately take recorded statements from witnesses and/or police officers. This served to get fact in writing while they are still fresh, and sometimes serves to preserve evidence from an early point in the case. It is very important to seek the advice of a professional Personal Injury Attorney so that the facts relevant to your claims are preserved, and to make sure that the case progresses correctly. Many times injured persons do not seek or obtain the right medical treatment, from the right specialists. People often do not know how to get their vehicle or other property damages repaired, or what to do when they are told they cannot work for weeks or months following an accident.

Call The LoBELLO LAW FIRM and consult with Mark A. LoBello, Esq. an experienced personal injury litigator. Call 702-870-8000, or send an email.

e-mail: mlobello@lobellolaw.com

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