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Personal Injury Cases – True Vs. False

ByAlexander Mirvis

Oct 14, 2021

1.) Your value of your case is based on what you need or what you want

FALSE: All personal injury cases are based on legal precedent based on damages, negligence, past and future medical expenses, economic loss, and various other factors. Just because you want something or a specific amount, it doesn’t mean you’re entitled to it. I made a video with an example.

2.) You can win or collect money over the policy limits. Example: The defendants carrier tendered or offered the full $50,000 policy limits but your damages exceeds the $50,000 limits.

TRUE BUT WITH A WARNING: You can go after personal assets but only if you take the case to trial and get a much higher verdict. However, this is something that needs to be discussed with an attorney if whether taking a case is worth taking to trial. Trials cost a lot of money. If you take a case to trial, you automatically lose at least $15,000 – $20,000 due to all the litigation expenses and the expert witnesses you have to pay to testify on your behalf. Another factor to consider is whether the defendant has any assets like property. If the defendant has no assets, it’s not worth taking the case to trial because it would be almost impossible to collect. Even if you file for a judgement. That’s the short story.

3.) Attorneys have to do what you tell them to do

TRUE BUT TO A DEGREE: Attorneys have a license that is on the line and most Personal Injury Attorneys are charging based on contingency. That means they pay out of pocket until they win. If a client goes overboard with their demands due to their greed or stupidity, the attorney can and will pull out of a case. Examples:

  • Client received a really fair offer but the client refuses to accept the offer due tot he clients stupidity or arrogance. The attorney may not want to waste time and money nor risk the case. The attorney may politely “suggest” you find another attorney. The attorney will also put a lien on the file and will still receive attorney fees for the offer, which they received.
  • Client tries to do something illegal or shady. The attorney will drop their case. I drop cases all the time due to clients stupidity.

4.) You own your attorney and you can talk to them how you want to talk to them. Being rude.

FALSE: Attorneys are highly educated. They’re smarter than you. If you had any traces of intelligence, you wouldn’t need an attorney. Some attorneys are push-overs, but for the most part, if you treat an attorney with disrespect, he will drop your case. You will receive a DROP LETTER in the mail. Same goes for the attorney staff. Most attorneys will not put up with your arrogance, stupidity and aggressive behavior.

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