May 14, 2009

Attorneys - In It For The Money?

Many people say attorneys are only in it for the money – and of course, they are – money for the little boy who fell off his bicycle and incurred brain damage as a result, then not given the proper treatment by the hospital so that he is left with permanent damage; money for the young mother involved in an automobile accident who is no longer able to care for her family the way she has in the past; money for the college student on her way to classes on her moped who is backed over by a beverage truck and spends several months in the hospital; and money for the grand-mother who was involved in a boat explosion and received severe burns over 52% of her body.

Unfortunately, these scenarios are all too common, and someone has to be there to look out for the individuals, because insurance companies are in business to make money for insurance companies and not to pay money out on claims. The insurance companies hold out because they know the great majority of people won’t file claims, and generally, if there is no attorney involved, will walk away with the small amount the insurance company is willing to pay them for severe and substantial injuries.

Sure, attorneys do make money on most cases, eventually. Attorneys take a chance by spending their own money to obtain these recoveries through investigating the merits of these tragedies for their clients, and, if no money is obtained for the client, the attorney does not only not get paid, but may lose the money it takes to investigate the case. Many cases take several years of investigation and a lot of hard work to bring to a conclusion. During that time, the attorney is making no money on the case if it is a contingency case, and in addition, is footing all the bills for the investigation as well. This can accumulate to several thousand dollars, and if it is a case such as a large medical malpractice case, sometimes it can be in the hundreds of thousands of dollars when all is said and done.

A good law firm is dedicated to protecting the individual’s right to obtain the compensation they are rightfully due and attempting to make that individual as whole as possible at the conclusion of their case. A good law firm will provide the initial consultation at no charge and will not take a fee unless a recovery is made for the individual. Schuler, Halvorson and Weisser is such a law firm. They genuinely care about an individual’s rights and securing a successful settlement or prevailing in a jury trial on behalf of that individual and they will work diligently toward that end.

So yes, attorneys are in it for the money – the money they can obtain on behalf of their clients so that they can get the medical care and treatment they need, the money to help them get back to where they were, as much as possible, before tragedy entered their lives.

January 7, 2009

The Importance of Hiring a Lawyer in a Personal Injury Case

After being involved in an accident, many people ask whether they are better off trying to handle the claim on their own as opposed to hiring a lawyer. Thus, when it happens to you, consider the following.

Accidents are often very traumatic events and when combined with injuries, can cause individuals (who have never been in an accident before) to make poor or uninformed decisions. Insurance companies often pounce on and take advantage of the unrepresented injured person. For instance, some insurance companies will try to get to the injured party as soon as possible and begin offering money right away to settle the injury claim. The injured party might feel some aches, pains, soreness and stiffness, but because they have no broken bones, and could use the money, they agree to accept the money and sign a release- which in effect- bars them from ever pursing the responsible party for their injuries again.

This is problematic and happens all too often to the detriment of the injured party. For example, assume the aches and pains do not go away and the injured party eventually seeks medical treatment. Because of the clinical findings, the doctor orders an MRI of the back or neck which reveals that the injured party has a herniated disc that is impinging on the spinal cord and produces pain. The surgeon gives you the bad news that the herniation is so bad that the only way to relieve the pain is via surgery at a cost of $100,000! Unfortunately, in the above example, the injured party will not receive compensation for the medical bills and/or wage loss nor will they receive compensation for the pain and suffering associated with the surgery and lifelong implications because the claim already settled!

Hiring an attorney to represent your interests will prevent the above from occurring. Schuler, Halvorson and Weisser will communicate directly with the responsible parties’ insurance company as well as yours. We will make sure that if you are injured that you follow up promptly with a reputable medical provider to start your healing process and document (via medical records) the full extent of your injuries. We will also (as a courtesy and for no fee) assist you in getting any outstanding property damage, rental and/or towing and storage claims resolved with the insurance company which will reduce your aggravation and allow you to concentrate on your medical treatment.

Most importantly, your attorney at Schuler, Halvorson and Weisser will not recommend any efforts to resolve your injury claim until you have reached what medical professionals call “maximum medical improvement” at which time the full extent of your injuries are both known and documented (via medical records) and the full extent of your past and future medical expenses, wage loss and loss of future earning capacity are known and documented! Only then should efforts begin to make you “whole again”

Other important reasons to hire Schuler, Halvorson & Weisser, include that fact that we, when necessary, will go to the scene of the accident to take photos, photograph the property damage to the vehicles involved in the accident, take statements from independent witnesses and order your medical records/bills and wage loss documentation. Most importantly, everything that our firm does from the moment you retain us is geared toward ensuring that if a lawsuit has to be filed on your case- it will be in the best possible position for us to obtain a favorable result!

If litigation becomes necessary, Schuler, Halvorson and Weisser has the experience and resources to file a lawsuit and take your case to trial. This occurs only after exhaustive efforts have been made to resolve your claim amicably. Litigation can be an exhausting and long process particularly if the case does not settle before trial. During this time, interrogatories and requests to produce are propounded and answered by each party, experts are hired, face to face conferences occur with your doctors and you, your doctors and experts are deposed in front of court reporters. Many depositions are videotaped and numerous exhibits are created for use at trial. Litigation is very expensive and the costs are fronted by our firm and necessary to obtain successful verdicts on behalf of our clients.

In summary, Schuler, Halvorson and Weisser routinely goes the extra distance by having qualified staff, including board certified civil trial lawyers, investigators (with years of insurance and litigation experience), paralegals, medical bill coordinators (who obtain and track all of your medical bills) and legal assistants and secretaries. With our years of vast experience and knowledge, and as a team, we represent our clients as if they are members of our own family and take pride in the successful settlements and verdicts we obtain on their behalf!

So the next time that you are involved in an accident and are injured, consider the experience, resources and dedication that Schuler, Halvorson and Weisser brings to the table on behalf of each client and the benefits you will reap from our representation! Having us on your side will save you a lot of time, money and aggravation and put you in position to obtain the best possible result for your injury claim!