Car Accident step by step process Part 6: Contingency fees explained

A contingency fee is defined as any commission, percentage, brokerage, or other fee that is contingent upon a favorable legislative result.  (NCSL)

We've all heard on the commercials "you don't owe us anything unless we win your case."

So what does this mean for you?  The most common use of contingency fees are auto accidents.  You enter into an agreement with the Attorney to take you case and the Attorney will receive a percentage of what your award is.

This is a great way for those who cannot afford Attorney fees UPFRONT to still get representation.  For example:  you are involved in a car accident and enter into a contingency fee agreement.  The Attorney will pay the expenses through the duration of your case (or set up arrangements for those expenses to be paid out of the proceeds of your award) so you are not out any money.  In auto accidents all policies are different and all claims are handled differently so I can explain by my experience.  My policy limits are $100,000.  I enter into a contingency agreement for 35%.  It cost the Attorney $10,000 to gather information.....and let me tell you this is not cheap,

see example of costs at the Letric Law Library sample number 7:   COSTS. Attorney will advance all "costs" in connection with Attorney's representation of Client under this agreement. Attorney will be reimbursed out of the recovery before any distribution of fees to Attorney or any distribution to Client. If there is no recovery, or the recovery is insufficient to reimburse Attorney in full for costs advanced, Attorney will bear the loss. Costs include, but are not limited to, court filing fees, deposition costs, expert fees and expenses, investigation costs, long-distance telephone charges, messenger service fees, photocopying expenses, and process server fees. Items that are not to be considered costs, and that must be paid by Client without being either advanced or contributed to by Attorney, include, but are not limited to, Client's medical expenses and other parties' costs, if any, that Client is ultimately required to pay.

When you win, and only if you win, does the Attorney get paid.  In this case $100,000.  $10,000 is reimbursed to the Attorney.  You now have $90,000 to work with.  The Letric Law Library has a sample agreement (see number 5 for Attorney fees).

Each Attorney and/or firm have their own agreements the agreement provided here is just to be used as an example.

Contingency fees are not allowed in all types of cases and each State regulates this.  For example:  In a divorce with children...if an Attorney were allowed to accept a contingency fee on the outcome of how much child support or alimony is awarded how would the Attorney collect on years of monthly payments and how fair would it be to all the parties to have Attorney's collect forever.

Don't be swayed by the Personal Injury Attorney commercials that say you won't pay a dime if we don't win...they all do this.  It gets your attention and you call not realizing that they all do.  Now you know....find the Attorney that YOU want and will fight for YOU!!

It will cost you NOTHING to meet with a Personal Injury Attorney!  It may cost you A LOT not to! 

Like Zeisler & Associates, Attorney at Law, PC on Facebook or visit their website.  

Pueblo Office: 113 W. 12th Street  (Map it)

Colorado Springs Office:  422 E. Vermijo Ave., Suite 412 (Map it)

Car Accident step by step process Part 5: Quick Settlements

You are driving down the street and someone backs into you.  Clearly their fault.  Each of you get out of your vehicle and exchange information, call the police for a police report and report it to your insurance companies.  




The next day (or maybe a couple of days but pretty quick):  Your phone rings and it's a representative of the other drivers insurance company.  Ahhhh they are calling to see if you are okay.  How nice of them.  You give them the details of what happened and they either offer to send an adjuster out to determine the damage to your vehicle or ask you to take it in and get several quotes because they want to make sure you are taken care of.  

A few days later you have the repair quote submitted to them.  They call you and offer you a settlement.  WOW, you have heard stories about insurance claims being difficult to get...it's not so hard and you didn't even need to hire an Attorney.  

BE CAREFUL!!  If an Insurance Company is offering you a quick settlement chances are they are trying to avoid what your accident is worth.  Many injuries from a car accident are not even apparent for a few weeks and if they can get you to "settle" on their initial settlement you may not be able to recover any future needs.  Don't gamble your money away.

So it's a week after your car accident.  You feel "okay" a little sore but you will live.  Your car is worth $10,000, you can replace it for $12,000 and they are offering you $15,000.  Wow, you can pay off your credit card, go on vacation, buy a better car with that "extra" $3,000 they are just "giving you."  Why do people say it's hard to get a settlement?  The truth:  because it is hard to get the Insurance Companies to do THE RIGHT THING!  They did not become a multi-billion dollar industry by doing the right thing.  They became a multi-billion dollar industry by doing the complete opposite.  Insurance: the necessary evil.  

When you are involved in a car accident you need to call a Personal Injury Attorney.  Unless you are seriously hurt make this your FIRST call.  Personal Injury Attorneys are experienced in fighting the insurance companies.  They have a list of Doctors that the insurance company already "accepts" and can help you through the process.  Once you hire an Attorney the insurance companies cannot call you.  

If you are thinking of taking the early settlement think about this:

• You accept $15,000 and didn't have to pay Attorney fees.
• Your claim was actually $100,000 before Attorney fees.
• Personal Injury Attorney's on average are 35% contingency fee.

Take $100,000 minus the Attorney's contingency fee of $35,000 would have totaled $65,000 and you took the quick settlement of $15,000.  That's one big $50,000 OOPS!!  Not to mention should any injuries develop later the medical bills will be at your cost.

It will cost you NOTHING to meet with a Personal Injury Attorney!  It may cost you A LOT not to! 

Like Zeisler & Associates, Attorney at Law, PC on Facebook or visit their website.  

Pueblo Office: 113 W. 12th Street  (Map it)

Colorado Springs Office:  422 E. Vermijo Ave., Suite 412 (Map it)

The information provided here is not to be construed as legal advice.  Please consult an Attorney if you have any questions.  General questions about Colorado Personal Injury can be asked here and Carol Zeisler will gladly assist you in the proper direction for your situation. 

Car Accident step by step process Part 4: Commercial Attorneys

You need an Attorney

Where do you begin?  Television?

1. I have said this before but it bears repeating:  It is the Personal Injury Attorney that assumes all the risk when taking your case.  If you don't win they do not get paid.  
2. They pay all the upfront costs to move your case forward.  Obtaining past medical records IS NOT CHEAP and they have to have the full picture to fight you case for you.  When you meet with a Personal Injury Attorney and have your consultation they are trusting what you say to determine whether they can win.  BUT the insurance companies don't trust what you say.....it has to be proved.
3. Just because there isn't any "progress" on your case doesn't mean your Attorney is not working on it every day!  It is a fight with the Insurance Companies to get you what you deserve....if it was simple you wouldn't need an Attorney.  If Insurance Companies just wrote the check they promised you...you could do it.
4. Most Personal Injury Attorney's have to return your calls, when you call, because they are on the phone with professionals or your insurance company fighting for you.  These people are very hard to get a hold of so when you have them on the phone you handle business so don't be discouraged when you have to leave a message.  Be concerned when your calls are NOT returned.

Imagine your job.  Imagine working every day to complete your job.  Imagine that you do not get paid unless the job is complete.  You dedicate time of each and every day to this job while paying out of YOUR POCKET to get the necessary information you need to do the job.  Now remember...there is no guarantee you will ever see a dime unless you do your job well.

Many of you know that I was involved in a car accident.  After my car accident I didn't have the energy to fight the Insurance Companies (mine and the other guys).  I also didn't have the time to get all my medical files together so my Attorney (Carol Zeisler) had all the facts.  I also hadn't been to a doctor in the previous ten years so she had to prove a negative.  Proving a negative is difficult...you have to prove something that does not exist.  She had to prove my injuries were not pre-existing injuries without any medical reports to do so.  I love one of Carol Zeisler's quotes when she represents a client with pre-existing injuries:

"Is there anyone on the road today that doesn't have some type of pre-existing injury?  If there is your client should have aimed better!"

This is EXACTLY the type of representation YOU want if you are in a car accident.  Someone who is going to stand up to the Insurance Companies and tell them THEY are wrong for looking for excused NOT TO PAY YOU!!!

We are smart people...we don't believe the commercials that tell us, "Buy this product and you will.....

• get rich
• get thin
• get healthy

so why do we believe the commercials that say "XYZ Attorney got me 2.2 million dollars" and think that is what they will get for us.  TRUTH.  They have to work within the same guidelines as any other Personal Injury Attorney within that State and YOUR insurance policy.  Yes, they probably did get that one client that.....but I promise you this....the circumstance behind that case are not the same as yours.  You want the Attorney on television who NEVER meets their clients....or do you want the Attorney who actually meets with YOU and is too busy fighting for your rights to make commercials.

We've all heard the term Ambulance chasers, right?

"Ambulance chasing is a term associated with lawyers. It refers to an attorney’s practice of soliciting business from accident victims or their families at the scene of an accident or disaster. Trial lawyers who specialize in representing accident victims are often described as ambulance chasers. Ambulance chasing may involve the chasing of an ambulance from an accident scene to the hospital in order to contact the victim/victim’s family members for consent to represent him or her in a lawsuit.
In the U.S., such conduct violates Rule 7.3 of the American Bar Association Model Rules of Professional Conduct. Some state bars strongly enforce rules against ambulance chasing. Ambulance chasing is severely condemned, and said to be a ground for disbarment. However, the employment by an attorney of an investigator in personal injury cases is not unethical, and it cannot be inferred from such employment alone that the attorney is engaged in ambulance chasing. [In re Mitgang, 385 Ill. 311]. The employment of investigators after an attorney has been retained is not unethical and does not give an inference that the attorney involved is engaged in "ambulance chasing." [In re Ratner, 194 Kan. 362 (Kan. 1965)]."  (uslegal.com)

Since Attorneys cannot do this anymore....they go on television and promise you the world.  The "legal" way to chase ambulances.  Find a respected Attorney that works hard for you.  Find a respected Attorney who meets with you.  Find a respected Attorney who's reputation speaks for itself....not an actor or an "actual client" on television.

Like Zeisler & Associates, Attorney at Law, PC on Facebook or visit their website.

Pueblo Office: 113 W. 12th Street  (Map it)

Colorado Springs Office:  422 E. Vermijo Ave., Suite 412 (Map it)

Car Accident step by step process Part 3: What not to do

Social Networking.  What would we do without it.  Facebook, Twitter, Linkedin, MySpace and blogs.  It's the newest way to communicate.  

Although I believe nothing "personal" should ever go into any of these venues some feel it is necessary to tell the world about what is going on in their lives.  Okay that is fine unless you have been in a car accident.



Let me tell you a story about a man who was "hurt" on the job.  This was before the Facebook craze but it will give you an idea of the measures insurance companies will go to NOT to pay you.  He had been out of work, on workman's comp, for about six months.  Yes he was hurt.  On his wedding day (which was in a very public place) pictures were taken of him doing things that a "hurt" man could not do.  These pictures were used to close the case.

Now add Social Media to the "picture."  (hehe get it....picture)

You are hurt in a car accident.  You claim you are injured (not saying you are not). Facebook is NOT your friend.  I cannot tell you how many times my picture had ended up on Facebook...by total strangers (I'm in the background).  If you are dancing, snow or water skiing, lifting weights at the gym....you have just given the insurance company "proof" you are not hurt.

Let me tell you this.  I was hurt in a car accident.  I was hurt.  I had good days and I had bad days.  On those good days we want to enjoy life because those bad day are BAD.  The good days do not mean you are not hurt but if the pictures on Facebook, twitter, Linkedin, MySpace show you "not hurt" on those good days....what's the old saying, "A picture is worth a thousand words."   There are never pictures of you on these venues showing your bad days. Who wants pictures of you on the couch, right?  

If you are hurt in a car accident I strongly suggest you halt all social media.  If you cannot do that set all your setting to FRIENDS only.  Not friends of friends, not public, FRIENDS only!  Pictures are never a good idea even if your settings are friends only.  Public places are just that...PUBLIC!  Remember the story I told you about the man at his wedding?  Even on your good days don't go crazy out in public.

I know....it sounds like I'm saying do not enjoy yourself EVER.  I'm not saying that.  I'm saying anything you say or do can and will be used against you.  

Being hurt in a car accident is hard enough on us.  Don't add problems to your case that ARE avoidable!!  Don't hand the insurance company ammunition to deny your claim. 

Like Zeisler & Associates, Attorney at Law, PC on Facebook or visit their website.

Pueblo Office: 113 W. 12th Street  (Map it)

Colorado Springs Office:  422 E. Vermijo Ave., Suite 412 (Map it)

Car Accident step by step guide Part 2: watch your words

You are driving down the street and the next thing you know you are face in your airbag.  You've been hit by someone.  You don't know what happened.  What should you do?

Keep your mouth shut!!

"Insurance companies didn't get to be $15 billion and $20 billion (companies) because they give money away," says John Smith of Morgan Hubble Smith Insurance, based in Columbus, Ohio.

What happened? Is usually the first question asked by the first responders; police, fire department, paramedics, EMT's, witnesses to the accident, etc.  What you say can be twisted to whatever the insurance company wants, remember they didn't get to be a $15 billion dollar company because they want to take care of you!

No matter what the situation is.....keep your mouth shut.  When the adjuster comes out...keep your mouth shut.  They are looking for "key" words or phrases that can and will be used against you.  Don't discuss anything personal: "I just lost my job" or "I just broke up with....." NOTHING!!

"People talk too much. Your best advice is to make sure everyone is OK and then say nothing," says Smith, who's been in the insurance industry for 27 years.

Car accidents are a very stressful situation to be in.  It is natural to "talk" because you are nervous.  But....you don't want what you say to hurt your claim and, trust me, if they can manipulate what is said, to their advantage, they will.

Don't apologize...this can be construed as an admission of guilt.  I have been in two car accidents, neither of which was my fault, and I can tell you...the first thing out of my mouth on the first one was "I'm sorry" meaning just that...not that I was guilty but I was sorry the accident happened.  That was a hurdle that we should not have had to jump through....but it did teach me for the car accident that happened later.  

So, what can you do? 

• Get to a safe place
• Make sure everyone is okay
• Call the police and, if needed, an ambulance
• Have your driver's license, registration, and auto insurance (Everything they need to know about you is on these items)
• SAY NOTHING!!!
• Call an Attorney

Learn from other's mistakes!  
In every blog in this step by step process I am going to tell you to contact an Attorney!  You need someone who will fight for you.  Stay tuned for the next step.

If you are hurt in a car accident, NO MATTER WHAT YOUR INJURIES ARE, consult an Attorney!  The best way to heal is let someone else fight your battle with the insurance companies and it is a BATTLE!!  



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Pueblo Office: 113 W. 12th Street  (Map it)

Colorado Springs Office:  422 E. Vermijo Ave., Suite 412 (Map it)

Car Accident step by step process Part 11: Process of a Personal Injury Case

I've said it before and I will say it again.....YOU WANT HOW MUCH?

If you have been keeping up with this blog you will understand.  If you haven't you can follow catch up with us by clicking here.

I've mentioned a few things that a Personal Injury Attorney will do for you but what is the process?


They:

1. Gather your medical records which is not always easy.  If you are like me; visiting a Doctor is the last thing you ever want to do.  With my case a negative had to be proved.  Proving that my injuries were not pre-existing was difficult.
2. Follow your medical care as long as you are a client.  Every time you see a Doctor, Chiropractor or anyone that treats you for your injuries a report is sent to your Attorney.  Your Attorney has to review this information and analyze what the best approach for YOU is.  Now you know why your file is so thick :)
3. Evaluate police reports, eyewitness accounts and your situation to determine liability for you, liability for the person who caused the accident and all parties involved.
4. Staying "on-top" of your case and knowing when you are close to maximum medical improvement commonly referred to as MMI.  What this means is you are as good as you are going to get.  When this happens the rules of the game change.
5. Paperwork, paperwork and more paperwork.  The letters that are sent out, on your behalf, is astronomical.  Letter introducing the Attorney and informing all parties that they are representing you and no one is to call you; all calls about your case are to the Attorney's office.  (This in itself is very time consuming as your Attorney may receive multiple calls from multiple agencies, companies, Doctors, etc. in a day about your case.)  Notice of claim, Demand letters are just the beginning.
6. Deadlines, deadlines and more deadlines.  Anything to do with the court system has deadlines.  Not only does the Attorney need to complete the paperwork but they have to have it filed by the deadline.
7. More paperwork.  If a settlement cannot be reached than a Complaint and Summons has to be served on the Defendant(s).  More deadlines as once these are filed with the court than the Defendant(s) have to be served which is not always an easy process.

Now comes the fun and even more time consuming areas of your case:  Discovery.  Discovery used to be fun as everything was a big secret UNTIL the trial.  Now Discovery is no longer a "secret" and the justification for this; fairer trials and both sides would know what they were "up against" so more settlements were offered before trial.

Interrogatories:  (You may hear them called Roggs) are, most often the first step in Discovery.  This is a list of questions, given by both sides, that you are required to answer in writing.

Investigation:  Although this is usually done outside of the Discovery process it allows the Attorney to get a "clearer" picture of the accident.  The investigation includes photos, witness statements, a mock drawing or video of the scenario and visits to the scene.  

Another part of the Discovery process is the deposition.  This is a non-court meeting with all parties to for questions to be answered.  Although this information is considered "hearsay" and is not, generally, admitted into court.  There are some exceptions to the hearsay rule: (Cornell University Law School)

• The first is when a party admits something in a deposition that is against his or her interest. 

• The second is when a witness's testimony at trial contradicts their deposition. 

• The third is when a witness is unavailable at trial. See Federal Rules of Evidence, Article VIII.

ONE VERY IMPORTANT factor of depositions you need to KNOW and be AWARE of:  WHO you ARE will be under the scrutiny of the opposing party.  The Attorney will report back to the insurance company how they "feel" a jury will view you.  Always dress appropriately, be well groomed and clear on what you are saying.  It is essential that the opposing Attorney views you as a person the jury would love, a person the jury would connect with and a person the jury would award damages.  
Understand that with every Doctor you have confirming your injuries they will have one that will try to discredit them.  Don't let this worry you.  If this was not a standard practice and if Personal Injury Attorneys were not accustomed to these tactics there would be no Personal Injury cases.  Do not get emotional if you are told that their Doctor says you are not hurt...it is just a defense and they will throw as many out there as they can to limit the damages they have to pay out.

Over 95% of civil cases are settled out of court.  This is a very good percentage when it comes to Personal Injury cases so do not be discouraged, disappointed or upset if your Attorney tells you a settlement was reached and it is their advice that you should accept it.  Remember it is your Attorney who investigated this.  It is your Attorney who did the Discovery.  It is you Attorney who has been with you from the beginning.  All Attorneys have to take any settlement offers to their clients.  The good Attorneys will explain why accepting or denying is a good idea.

Now that you have (just an) idea of what goes on with a Personal Injury case the contingency fee doesn't seem that much does it?  Could you do all that was listed here?  Plus all the other stuff that goes along with your case that wasn't mentioned?

I strongly encourage you to hire a Personal Attorney.  Finding the best one for you will make all the difference in the world.  If you need help in finding an Attorney you can click here and it will help you decide.





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Pueblo Office: 113 W. 12th Street  (Map it)

Colorado Springs Office:  422 E. Vermijo Ave., Suite 412 (Map it)

Medical Excise Tax

WOW, people went shopping and were MAD!  The problem with the anger is it wasn't directed at the right source.

So let's just get to the bottom of this:

January 1 also brought the medical device excise tax as part of Obamacare. Based upon the Affordable Care Act, manufacturers, producers, and importers are required to add an extra 2.3 percent manufacturers excise tax levied on the sale of medical devices. 

So the tax comes out and businesses.....to be fair to them probably took a "better safe than anger the IRS" approach and taxed just about everything.

One receipt that is circulating is from Cabela's which is primarily a hunting, fishing store.  The person claimed that when they were handed the receipt the cashier said "welcome to Obamacare."  

I'm not going to go into detail about the law here I am going to talk about reactions.  If you want to read about it you can click HERE and read an article written for the National Law Review by Zachary J. Meyer and Pamela Emenheiser of Varnum LLP.

So who do we get mad at when we decide to go camping and we buy our supplies to find out we have been taxed?  If I am not going to get into a discussion about "bad retailer" as I believe in small business and if the truth be told we are all "afraid" of the IRS in one way or another.  

Let's look at another receipt:

According to Mondaq.com, this sale should have not been taxed extra:

“Items exempt from the tax include eyeglasses, contact lenses, hearing aids and other medical devices determined by the IRS to be generally purchased by the public at retail for individual use.”

“Devices that are not covered by this safe harbor will be subject to a facts-and-circumstances test to determine if they meet the retail exception. The device must generally satisfy two requirements:

• The device is regularly available for purchase and use by individual consumers who are not medical professionals.
• The device’s design demonstrates that it is not primarily intended for use in a medical institution or office, or by medical professionals”

This is going to be a time of patience and learning as with any new laws, new taxes, new anything.  I do want to say that these businesses that sell any of the "new taxable items" should have been better prepared and for that I will blame the IRS, the Lawmakers, etc.  

We are in a time of change.  Whether you accept the change or not, whether you believe in the change or not, whether you think the change is good or not...we are here.  

If you are charged the Medical Excise Tax and do not believe you should have been ASK!  If you don't get the answer you want at the store....ASK a professional tax accountant.  If you don't care about what you are being charged...no one else will.  I say this with compassion because I have found (after I got home) that I was "over-charged" or charged for something I didn't get and when I do nothing about it....it is my fault not the stores.

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Pueblo Office: 113 W. 12th Street  (Map it)
Colorado Springs Office:  422 E. Vermijo Ave., Suite 412 (Map it)

What's in it for you?

Every day I go through life wondering if what I do makes a difference.  I try to change the lives of others by simple acts of kindness and large gestures but does it really change anything?

I remember the story of the NYC cop who went in to buy a homeless man a pair of boots.  What a fantastic story.  You can read about that (and watch the video) HERE.  Now what is being reported is he really isn't homeless:  That story HERE.

I haven't been able to verify any news stations that say he isn't homeless but that isn't the point.  The point is we try to do what is right and whether we learn we were "scammed" or not the feeling we get should remain with us.


There are stories that say the man got rid of the boots for his safety; he was afraid to wear them because someone may take them from him.  That story can be read HERE.

My problem is this....do we ever really know if what we are doing really changes someone's life? AND...should that matter?

I know some people who won't help because there are too many out there who scam....so they don't help anyone.  I had a good friend (a long time ago) that told me his Uncle was a professional homeless man.  He lived in a half a million dollar home, drove a $50,000 car and every day he would get in his "homeless" clothes and hit the streets.  He obviously made a very good living at being homeless.  I have to admit that I was "shaken" when I heard this and for a while stopped helping others because I couldn't get the image of my friend's Uncle out of my mind.

I learned one thing during this.....I didn't feel good.  That feeling I used to have when I was able to give a few dollars to someone who "appeared" homeless was no longer there.  So I changed my approach. If someone was asking for money so they could eat...I bought them food.  This worked...for a while but I felt "tainted" every time I did this.  

I went to a restaurant and saw a man standing there, with his dog, and a sign that said will work for food.  I had just finished picking up dog food and thought, "This is a sign."  I opened my trunk and offered the man all the moist dog food he could carry and even offered to put the dry in a bag (easier to carry with him than a 20 pound bag).  I was saddened when he said I would rather you give me some money because he eats what I eat and we can go get a few burgers.  This bothered me for many weeks. I didn't give him any money, I didn't give him any dog food and I couldn't stop thinking about it.

I didn't have the same "feeling" I used to have.  So as I grew "wiser" I had to figure out what I can do to get that feeling back.  I have decided that no matter what their situation is; scamming or not, if I can help I will because it is not about me...it is about human compassion and generosity.  If I help ten people and half scam me....well those five that I did help I have decided it was worth it.  

Now what I do.....if someone is standing on the corner with a sign and I am there with a red light I help.  I tell myself that if they "really" need the help I will be put in the position to help them.  I don't think about the scams anymore....I think about the one's who really need the help.  I have found that feeling has come back.  

So when I'm asked why I still help when I know someone may be scamming me.....I simply respond that it isn't about them, it is about me and the way it makes me feel thinking I could have changed the day for someone.  

So, what's in it for me?  I have that that feeling back and in the grand scheme of things....if you can do something for others and you can feel good about it, even if just a few minutes, life is good.  

Don't let the bad (or scammers) change who you are.  Don't let anything stop you from doing what you believe is right.  If you do something for someone out of kindness and later learn the situation wasn't what you thought to begin with....Don't let that change who you are and the compassion you showed. That can't be taken away unless you allow it.  

That is what is in it for me.

Like Zeisler & Associates, Attorney at Law, PC on Facebook or visit their website.

Pueblo Office: 113 W. 12th Street  (Map it)
Colorado Springs Office:  422 E. Vermijo Ave., Suite 412 (Map it)