It would be reasonable to think that a defense lawyer in a personal injury case would save the insurer money, and thereby be more useful, by settling small claims rather than taking them to court. However, when dealing with defense counsel, things are sometimes the opposite of what you would expect. This is why having a Dallas personal injury lawyer in your corner is essential.

Defense lawyers make the lion’s share of their income from litigation. They don’t work on commission, nor are they paid bonuses to settle cases early in the process. They make their money hourly. Imagine hiring a crew of workers to build an addition to your home. You tell them it doesn’t matter how long it takes to finish, and that they will be paid hourly. There is no incentive for them to work quickly or efficiently. Such is the life of the defense lawyer who represents insurance companies in personal injury claims.

You and your Dallas personal injury lawyer may even be willing to settle for less than your demand, and all but communicate this to the defense. More than likely they will continue to drag their feet, happily sending the insurance company bills with the notation, “Reviewing files.”

This may seem horribly inefficient, but ultimately it is often an effective way of getting plaintiffs to simply give up. These defense lawyers know that lawyers for a plaintiff may not be willing to take a case all the way to trial if the case is small. There is also the potential that the defense will win before a jury.

All this is not to suggest you should throw up your hands in despair. If you have suffered an injury in an accident that is the fault of another, you should seek remuneration. Just bear in mind that the process of winning your claim may not be as smooth as you would like.

It is often useful to have legal representation when pursuing a claim. If you have been injured in an accident, call Dallas personal injury lawyer Dean Malone for a consultation at (214) 670-9989.

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Whether a person slips on a spill in a supermarket or loses his/her footing on a loose piece of flooring, a slip and fall personal injury accident can leave the victim debilitated. When a lawsuit is filed, certain issues will be taken into account, including the victim and nature of the hazard.

The strength of your personal injury case lies largely with these issues. As the victim, it is imperative that you appear credible to jurors. If you have a history of litigation over injuries, you may be viewed in a less favorable light as someone out to make a buck. You will need to be able to describe the accident in a way that makes jurors believe your claims. Your injuries alone will not convince them. This is particularly important if there were no other witnesses present to verify your claims.

The hazard itself will also be considered in assessing your slip and fall personal injury. There is usually something physically present or damaged that caused such an accident. It will be necessary to establish how this hazard caused you to slip by describing the mechanics of your fall.

If there is no apparent object or damage which caused you to fall, other matters will be considered. These may include the condition of your shoes; your age and mental state; the way you walk; and any impairments you had prior to the accident. There may also have been some force that caused you to fall, such as a shopping cart rolling into you.

Your personal injury lawyer will put your case together in such a way that the issues of victim and hazard will be convincing. For representation in the Dallas/Ft. Worth area, call Dallas personal injury lawyer Dean Malone at (214) 670-9989.

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Whether you slipped and fell in a market or were struck by an object while walking along the street, a personal injury can leave you debilitated and in pain. As a part of your injury claim, it is imperative that you and your Dallas personal injury lawyer preserve the scene of the accident as best you can, and as soon as possible.

Nothing remains the same long. If you were injured on the street, repairs may be made on that cracked sidewalk. One way to preserve evidence of the way the scene looked at the time of your accident is by taking photographs. You may have a gift for describing scenes, but your testimony alone will not paint as vivid a picture for a jury as actual photos.

Take the pictures as soon as you can after the accident. This is essential because, to be admissible in court, photographs must depict the location as it looked at the time you were injured. Make sure your photos are from different angles, including one that shows exactly your orientation when the accident occurred. Include in your photos relevant background features.

Another important way to record/preserve the accident scene is by taking measurements. These are especially important where repairs may shortly take place. If an object from a store shelf fell on you, for instance, you should record the clearance of the aisle itself, as well as the height of the stack of items in question. Your Dallas personal injury lawyer can hire an investigator to take the necessary measurements, who then can testify about them in court later.

Measurements and photographs are very useful and important ways of recording your personal injury scene for a jury later on. If you have not yet retained a lawyer, call Dallas personal injury lawyer Dean Malone at (214) 670-9989.

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It is understandable for a person who has experienced a personal injury to have some difficulty maintaining equanimity. If you are feeling a great deal of pain, for instance, you may appear impatient or overly needy when dealing with your Dallas injury lawyer. However, taken too far, you become a problem client.

Lawyers know that a client may depend on them more than they should, or sometimes question their methods. However, there is no reason they should tolerate abuse, and they often don’t. The following are some of the ways in which a client’s behavior may lead to problems, even the lawyer resigning from the case:

Entitlement – The client who has issues of entitlement will not accept even the possibility that he shares some blame in his personal injury. This client looks only at the money to be made at settlement, and feels he is entitled to an exorbitant figure. Life comes to be seen as merely about money, and not relief from his injuries.

Distrust – This client questions everything the Dallas injury lawyer does. He is utterly lacking in confidence of the professionalism and even honesty of the lawyer, doctor, etc.

Overly Needy – A client should feel like he can call the lawyer when questions arise. This client, however, calls the lawyer all the time, and becomes a nuisance.

Anger – The client becomes belligerent, perhaps even to the point of yelling and offering threats. Many lawyers have a policy of giving such a client one warning, then withdrawing services in the case.

For your own benefit it is essential that you have a good relationship with your personal injury lawyer. For a free evaluation of your case by a Dallas injury lawyer, call Dean Malone at (214) 670-9989.

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After you file your personal injury claim, the insurance company may send you a medical authorization form with a seemingly innocuous note – “Please sign and return.” It is unwise to sign any document without first consulting with your Dallas personal injury lawyer, and this is no exception.

Insurance adjusters often try to dupe claimants into signing these releases. They may suggest that by doing so the process of settling your claim will be streamlined. They may also say that you will need a lot of documentation for the claim, and that by signing the release they will do the work for you. You may feel it is better to cooperate; it may seem logical that by providing what the insurance company claims it needs you will, indeed, be helping your claim.

The truth, however, is that by signing this medical authorization form you may actually be hindering the settlement process. The insurance company may use the form against you. And if the form is open-ended, you have given the adjuster the right to your files indefinitely. In reality, you are not legally required to sign a medical authorization form to receive compensation.

It is important, then, that you are careful about signing such a form, particularly if it is open-ended. Ask the insurer to agree that the form is limited in time and scope. It should not authorize access to anything but medical bills, reports, and treatment related to your personal injury case. The form needs to indicate the date of the accident to disallow access to records prior to that time.

Finally, to ensure your interests are being served consult with your Dallas personal injury attorney before signing anything. If you are not already represented, please call Dean Malone at (214) 670-9989.

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That the economy is in dire straits certainly isn’t news to anyone. Cuts are occurring in the job rolls, bank accounts of millions are dwindling, and everywhere signs of more conservative spending are apparent. The economy is affecting how Dallas personal injury cases are settled as well.

Like individuals, insurance companies survive by making money. In times like these they tend to tighten their belts wherever they can. One of the primary areas for this is in claims. What normally would be a settlement amount of a particular sum is slashed, often by 25% or more. The insurance companies are also far less willing to pay maximum amounts in catastrophic injury claims.

Insurance carriers, like companies in general, reduce their labor force in tough economic times. This makes claims processing slower. Also, while your personal injury attorney may have developed relationships with certain adjusters, it is more likely that he will have to work with an individual with whom such a relationship hasn’t been established; therefore, he will have to work that much harder in negotiating your settlement.

Finally, assuming your case goes all the way to trial, jurors will be more conservative in their award. They may even be that much more skeptical of the claims of your case. After all, they are human, and hear in the news of massive layoffs and suffering on the one hand, and of seeming overly large lawsuit payouts on the other.

If you have a personal injury claim, be prepared for a more difficult time getting the settlement you deserve. Your best bet is to have a good injury lawyer. Call Dallas personal injury attorney Dean Malone at (214) 670-9989.

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Dallas personal injury attorneys must weigh various matters in order to determine the settlement value of a case. Often the first order of business is to communicate with involved parties, then develop a spreadsheet of all the accounts that must be satisfied, followed by a range of amounts the plaintiff may receive.

The Dallas personal injury attorney needs to speak with subrogated insurance carriers and lienholders. These are interested parties for the fact that they will need to be remunerated for their payouts once the settlement is reached. They may include your personal insurance, if it paid your medical costs; the shop that repaired your car; worker’s compensation payments; etc. These parties bear some risk, since in order for them to get paid your case needs to be settled successfully. For this reason it is often possible for your injury attorney to negotiate down their demands somewhat.

Your Dallas personal injury attorney will also consider what continuing and future costs may be involved. If, for instance, you have been injured to the extent that you will need further surgeries, followed by physical therapy, the projected costs of such treatment will need to be included in the spreadsheet.

In the event you suffer a personal injury due to another’s negligence in the Dallas, Texas area call Dean Malone at (214) 670-9989.

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It should come as no surprise that insurance companies are in business for themselves. As such, if there is any room for doubt about your personal injury claim’s validity, they will fight your case.

To use a hypothetical situation, a middle-aged man slips and falls in the produce section of a supermarket. He claims severe pain, and the store manager makes a report.

So far this is as generic as a case can get. There is little an insurance company could question at this point. However, the victim, now the plaintiff, goes to a doctor and is prescribed ongoing treatment. He then fails to continue with medical care. This raises a red flag with insurance companies. Essentially, a person is expected to do all he can to heal from an injury. Not going to treatment may look like avoidance in order to gain a high monetary settlement.

If the plaintiff in question avoids doctors altogether so that there is no medical report to document the injury, the insurance company is going to be highly suspicious. Also, if the plaintiff indicates what appears to be exaggerated loss of work time, doubt will be raised.

Finally, if the victim in question does not seek legal assistance, it will appear as though he can’t find anyone to represent what is a frivolous claim.

To summarize, you can help alleviate problems dealing with the insurance company in your personal injury claim if you do all you can to get better, keep records, and have an attorney to take you through the legal intricacies of your case.

For a free evaluation of your case, call Dallas personal injury lawyer Dean Malone at (214) 670-9989.

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Suffering a personal injury can be a life-altering event. You may have medical bills, lost work time, difficulty in continuing with normal daily activities. You want your case to settle fast. What sort of time frame can you expect?

Because there are many extenuating factors that make each case unique, it is not possible from the outset for a Dallas personal injury attorney to give a target date for settling your case. It may be a matter of a few months, or as much as a year or two, before you will be remunerated for your losses.

The following list will give you some idea of the factors that may affect how long it will take to settle your case:

• How extensive are your injuries? Are they such that your lifestyle will be permanently affected?
• What other medical treatment is needed, and what might it cost?
• What is the total cost of your personal injury case, including lost work time, medical bills, etc?
• Does your injury affect your ability to earn a living in the future?
• What insurance coverage, if any, does the defendant have?

As your case proceeds your Dallas personal injury lawyer will have a better idea of how long it will take to settle. The most important thing is that you receive all that you deserve for your losses and suffering. If you have experienced a personal injury and believe you are entitled to compensation, contact Dean Malone at (214) 670-9989 for a free evaluation of your case.

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Insurance carriers are less and less willing to settle cases without litigation. Frustrating? Absolutely. Does this mean you should give up on pursuing your personal injury case? Not if you have a qualified lawyer in your corner.

There are several factors which are contributing to insurance companies’ growing unease in settling cases. The first involves sensational reporting in the press. Whenever someone wins a very large settlement it makes headlines. People tend to generalize such reporting; in other words, it becomes an expectation that a person will be rewarded an exorbitant settlement in a case.

The 1994 verdict against McDonald’s in the infamous “hot coffee” case (which is the subject of a recent HBO documentary) is an example of a large pay-out. The litigant, an 81-year-old woman, was awarded $2.9 million dollars when she was burned after spilling coffee on herself. There were several facts in this case, though, that didn’t make the headlines. First, McDonald’s had the opportunity to settle for a fraction of the amount rewarded, but refused, believing that such a large verdict would never be awarded over a coffee spill. Also, eventually a judge reduced the amount of the verdict. Finally, the coffee in question was extraordinarily hot, and resulted in very serious burns.

Regardless, such headlines lead some people who believe they have a personal injury case to seek, and even expect, an enormous pay-out. At times, frivolous lawsuits result. Some people (including potential jurors) come to view lawyers, particularly those specializing in personal injury, as unethical. Insurance carriers, by extension, are increasingly likely to seek litigation rather than settle.

A person needs to be realistic in what a case is really worth. However, if you have suffered a personal injury you may rightfully be due compensation. To discuss your case, call Dallas personal injury attorney Dean Malone today at (214) 670-9989.

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