WHAT KIND OF CASES DOES THIS LAWYER HANDLE ON A DAY-IN, DAY-OUT BASIS?

Make sure the attorney has successfully handled cases just like yours. Be specific, about the incident and the injury, when asking this question. If you were hit by a commercial vehicle like an 18-wheeler, such a truck accident is a different case than a car-on-car collision. If you have been in a car accident, but your injury is catastrophic and could impair you with a lifelong treatment needs, then be sure and discuss this matter and life care planning. For example, if a person’s ankle was crushed and requires extensive surgery and screws, there will be mobility issues. For someone who works on their feet or enjoys hiking, these may no longer be options. Your attorney needs to show they can deliver the kind of settlement or verdict that you need.

HOW LONG HAS THE LAWYER BEEN WORKING IN THE FIELD IN WHICH YOU NEED A LAWYER?

Experience matters, and you want to make sure this isn’t your attorney’s first rodeo. If the lawyer starts daydreaming about cases that don’t sound similar to yours, be specific and be clear you want to hear about cases like yours. Certain types of incidents, such as an airplane disaster or a wildfire catastrophe, may be less common. However, the firm and the other lawyers should have recent experience to satisfy your answer. Young lawyers start building experience by assisting senior attorneys. This trains them up and helps them gain valuable knowledge, but your injury case should not be someone’s practice test. You only have one opportunity to bring a lawsuit, and your quality of life very likely will rely on the outcome. Make sure the lawyer you’re speaking with is a veteran in their field, as that will provide you with the best advocacy possible.

WHAT IS THE LAWYER’S TRACK RECORD OF VERDICTS AND SETTLEMENTS?

This is a great follow-up to question #1, and it’s important! A verdict is different than a settlement. A verdict means the case was taken to trial and your lawyer generated a successful outcome. A settlement is an agreement between you and the other party, and is often most satisfactory when negotiated and double-checked by your own attorney instead of relying on the wording provided by the other side. To be fair, all good lawyers will win and lose cases, but it’s okay to ask about their win/loss record. Obviously, you want to hire a lawyer who wins most of the time! You want to hire a lawyer who is confident in their trial abilities, and you will hear or see this confidence when speaking about their trial experience. However, the deeper objective of this question is to find out the last time your lawyer was in trial, or if they even go to trial at all. Many law firms with commercials, billboards, and large advertisements simply settle cases. While the amount may seem large, your true damages and injuries may not be thoughtfully accounted for. Within the legal community, it is often known that the lawyers who obtain the highest settlements are often the ones who welcome being in trial, and are ready, willing, and able to work for the highest verdicts. Regardless of how your case is completed, settlements and the surrounding negotiations will still benefit from the assistance of a lawyer. Those who walk in with an attorney receive payouts far higher than those who go it alone — an average of 300% higher according to a survey by the Insurance Research Council (IRC). Attorneys have the experience to negotiate for the best settlement amounts, and may secure what you need without going to trial at all.

DOES THE LAWYER TRY LAWSUITS IN COURT OR IS EVERY CASE SETTLED OUT OF COURT OR REFERRED TO OTHER LAWYERS TO TRY?

It’s not a bad thing to settle a case before taking it to trial, and in fact, you may find it preferable to get a fair settlement as quickly as possible and be done with the case. However, you also want a lawyer who is prepared to personally do whatever is necessary to secure a satisfactory outcome for you and your family. You do not want an attorney who will pawn you off on a junior associate, nor an attorney who urges you to settle for less rather than do the work required for a trial. You deserve a lawyer’s full commitment to your needs and desires. Abraham Lincoln was a lawyer in chief, and had a famous quote on litigation that points out its potential to be time-consuming, expensive, and emotionally taxing: “Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser — in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough.” As long as a settlement is fair and in the best interest of the client, then settling a case is an admirable outcome. If the other side refuses to deal fairly, however, your lawyer should have no hesitation about bringing them before a judge.

HOW WILL YOU KEEP ME UPDATED ON THE STATUS OF MY CASE?

Communication is important and one of the most frustrating experiences with many law firms – just look at negative reviews from law firms and you will frequently see references to poor communication. From the beginning of contacting the firm to your consultation, you should feel like you are just one of a select few clients. Do the lawyers return phone calls promptly? How frequently do they communicate through email for status updates? These are all great follow-up questions to have for a prospective lawyer. Be sure to ask your lawyer if you have a question for them specifically: how long do they take to provide a return call? Within 24 hours is acceptable, but responses are often sooner. If your lawyer claims they go to trial often, then usually they will work with a colleague to ensure your call is returned as soon as possible.

HOW LONG WILL IT TAKE TO RESOLVE MY CASE?

An honest lawyer will be careful when answering this question. The process to receive the maximum amount of compensation is rarely, if ever, fast. A lawyer that tells you the settlement is quick and provides an accelerated timeline without knowing all your facts, the medical records, or taking depositions from the insurance company cannot likely answer this question with accuracy. The best answer is usually a “rough estimate” and it could take at least six months and up to two years for more complex cases with severe damages or a wrongful death involved. The lawyer should be interested in resolving your case as quickly as possible so long as it is getting you the compensation you deserve. They should be able to provide you with examples of previous case results to back up this educated guess.

WHAT IS MY ROLE IN THE LAWSUIT?

This should be a question your lawyer is enthusiastic to hear and answer. Your role is not to worry about the case, but to focus on healing and getting well. The sooner your life can get back to normal, the sooner the doctor visits will stop and a resolution to your case can be celebrated. Putting the matter behind you and closing this challenging chapter of your life will lead to even further emotional well-being. As you will see in our firm testimonials and more than 200 five-star reviews, our role is to ensure you receive justice and then can go about enjoying your life.

Insurance Company Surveillance Tactics: Watch for Those Who May Be Watching You

Posted in Personal Injury on July 17, 2022

When you get into a car accident that left you injured, you may file a claim with the negligent driver’s insurance company.

Although you may not give much thought to what that insurance company is doing while you’re waiting for your claim to be processed, there’s a good chance they’re interested in what you’re doing. Insurance companies are notorious for surveilling people who file claims against their drivers.

It’s important to educate yourself on the ways they can keep tabs on you and how you can protect yourself from their tactics. As our Denver personal injury lawyers share below, some types of surveillance are legal.

Common Insurance Surveillance Tactics

When the insurance company wants to know what you’re up to, they’ll use one or more methods to keep an eye on you. Here are a few common insurance company surveillance tactics that they might try.

Internet/Social Media Searches

Social media is one place insurance companies look to find counterevidence. Even if your social media accounts are set to private, nothing you post online is ever truly private. You could innocently add a new follower and find your Instagram or Facebook being used against you to invalidate your claim.

In particular, they’ll try to see what you were posting in the wake of your accident and use posts to suggest that your injuries are not as bad as you claim they are.

Active Surveillance

Some insurance companies will reach out to people you know and try to catch an inconsistency in your story. They’re looking for any reason to deny you compensation and they will talk to people who know about the accident until they find something to use against you.

This is more common in high-value cases. Here are some examples of active surveillance:

Contacting witnesses: The insurance company may ask witnesses pointed questions to find any information that suggests you may have been partially or completely to blame for the accident or your injuries.

For example, they may ask the witnesses if they saw you using your phone or wearing a seatbelt or if you looked distracted while driving. They may also ask them if you seemed or looked injured right after the crash.

Interviewing friends, family members, and colleagues: The insurance company can also reach out to your friends, family members, and colleagues to interview them about your accident and injuries.

Their purpose is to poke holes in your account of what happened. If your claim doesn’t match the story you told to your sibling, friend, or coworker, the insurance company can claim that you lied and are entitled to nothing.

It’s best to warn your loved ones not to speak to strangers about your case. If you can’t trust them to keep quiet, don’t share details of your case with anyone but your attorney.

Passive Surveillance

When you claim to have painful or serious injuries, the insurance company will try to undermine that claim by catching you doing things that make it seem like your injuries are not as bad as you say they are.

Here are a few ways they can watch you:

Private investigators: They may hire a private investigator to follow you in public or sit outside your home. If they catch you driving somewhere while you’re supposed to be on bed rest, or playing with your dog or children outside while you’re claiming to be suffering, they can use this information to shut down your case and deny you compensation.
Photos: These private investigators may take photos of you running errands out and about, or even at your home if you are visible through the window.

It’s legal for them to do this as long as they’re not on your property. Make sure you’re aware of your surroundings when you’re leaving your home.

Audio/video recordings: Private investigators will back up what they found with audio and video recordings of you in public or outside your home. Keep an eye out for unfamiliar cars parked on your street and be careful what you say in public.

4 Ways to Protect Your Case From Prying Eyes

While you can’t always avoid insurance company surveillance tactics, there are things that you can do to keep your business as private as possible. Protecting your privacy also protects your case.

1. Follow the doctor’s orders.

After your injury, if your doctor tells you to stay home and rest, do that. If you’re caught going out running errands or having dinner with friends when you were supposed to be resting, it can really hurt your case.

Even if you’re having a good day with little pain or a burst of energy, not following orders can aggravate your injury. Then it can be argued that your pain and limitations are at least partially your fault.

2. Limit what you post on social media, and ask friends and family not to tag you.

It’s common for many to share their day-to-day lives on social media. Try to limit what you post on social media and definitely avoid posting about your case.

It’s also helpful to ask your friends and family not to tag you in any posts, or better yet, refrain from sharing anything including you. Keep your social media accounts private and be wary of any new friend requests from people you don’t know. It could be an insurance agent or private investigator.

3. Know your rights.

Know what is and isn’t legal when it comes to surveillance. A private investigator can watch you in public or outside your home, but if they come on your property, you can ask them to leave. If someone comes on your property uninvited and won’t leave, they’re trespassing and you can call the police.

4. Hire a Denver personal injury lawyer.

A Denver personal injury lawyer from Zaner Harden Law, LLP can answer your questions if you think insurance companies are using illegal tactics to spy on you. It’s important to protect your case as much as you can, and hiring a personal injury lawyer is one of the best ways to do that.

Worried insurance is watching? We can help.

If you were injured in an accident and are now worried that the negligent driver’s insurance company is watching you, Zaner Harden Law can help. Our experienced personal injury attorneys can help you protect your case from predatory insurance companies who want nothing more than to deny you compensation for your claims.

Contact our Denver Personal Injury Law Firm Today For Help

For more information please contact Zaner Harden Law, LLP to schedule a free initial consultation with a Denver personal injury lawyer.

Zaner Harden Law, LLP
1610 Wynkoop Street, Suite 120. Denver, CO 80202
(720) 613 9706