MAKING CENTS OUT OF PERSONAL INJURY RECOVERIES
We are inundated with personal injury attorney TV ads and billboards touting large recoveries for their clients and implying that if you hire “them”, whoever they might be, you too will get a substantial recovery just because of who they are or because of their past history.
This type of advertising is very concerning because it is extremely misleading, as it leaves the recipient of the ad with the false impression that their case will result in a large recovery, not because of the particular circumstances of their case, but because they hired the firm portrayed in the ad.
In our 25 years of practicing personal injury law, we too have been able to achieve some very large recoveries for our clients in many of their cases. However, there have also been cases where we would have expected to have recovered significant money for our clients because the facts of their cases warranted a high level of recovery, but because of the insufficient amount of insurance coverage involved, and limited, or nonexistent assets on the part of the at-fault party, a large recovery was impossible.
Simply stated, just because a case might have a significant value, it isn’t just a matter of a law firm waving a magic wand to make it materialize. There has to be either insurance coverage, or assets to collect your damages from.
Additionally, every case has multiple components that must be met for the proper recovery to be made on each particular case.
The first issue that has to be addressed in an auto accident case, for example, is liability. You must be able to prove liability against the party you are bringing your claim against before you can attempt to collect your damages.
Secondly, you have to have damages. For example, in an automobile accident case, you will seek compensation for the injuries you suffered that are diagnosed by a respected physician and deemed permanent in nature after a course of treatment has been rendered. Otherwise, in all likelihood, you will be limited to reimbursement of your out-of-pocket expenses only.
Lastly, once you have met your burden of proving liability and damages against the party, or parties, you are pursuing your claim, you must then seek insurance coverage, called bodily injury liability coverage on the other party’s side of the case, and/or uninsured/underinsured motorist coverage on your own auto policy of insurance on an effort to compensate you for your losses. If these coverages do not exist or are not enough to fully compensate you for your damages, and the other party does not have significant assets to collect your damages against, then you will not receive the damage recovery you seek or deserve.
This situation will not be governed by the law firm that promises the moon and the stars, it will be governed by the circumstances of your particular case.
So, be careful of advertising that insinuates huge recoveries regardless of the facts and circumstances of each case. Hire a firm that will work very hard for you to explore every aspect of your case including, liability issues, damages, insurance coverage, and assets of the at-fault party.
There are never any guarantees of a particular recovery in each case. So, just trust a lawyer who is going to make every effort to protect your best interests, and who will be honest with you about your case from its inception. If you should have any further questions concerning this, or any other matter, please feel free to contact our office at (727) 494-2008.
We are always here for you.
Chuck