Being a Trial Lawyer

I am often asked what it is like in today’s political environment to be what is often referred to as a “Trial Lawyer”. Such a title is the subject of many criticisms, bad jokes and blame by politicians, pundants and letters to the editor. Most people that give such criticisms do not understand what a trial lawyer is or what a trial lawyer does.

A trial lawyer typically defends or represents the interests of someone who cannot do it for themselves. Often times the individual is hurt, maimed, burned, injured, crippled or otherwise damaged through the carelessness and neglect of some irresponsible member of society. Most of the time when people come to seek help in our office they have been placed in a situation, through no fault of their own, where they have incurred significant injuries, are incurring thousands of dollars of medical bills, their car has been destroyed, and their capacity to work and care for their own families has been impaired or eliminated. They’re in pain and saddled with a task of having numerous doctor appointments, therapy visits and rehabilitation sessions interrupt their schedules and lifestyles. Many times other members of their family are also injured or maimed in the same event. Their burdens are increased by the need to care for other family members during the same time that they themselves are trying to recover from their own injuries. In the face of these problems many individuals simply do not know where to turn. The resources of friends and family are usually limited and the ability to get care or compassion or any other remedy from the government or a willing insurance company is a fantasy.

In most cases, these individuals have no other choice but to find somebody who can formulate their claims to pursue and seek a remedy through the Court system. The Court system is far from perfect, but it often times is the only remedy left available to the persons described above.

Are trial lawyers overpaid for what they do? Yes. But, then again, in a very real sense so are electricians, plumbers, realtors, bag boys, athletes and my accountant. In fact, in our society, the only people I’m absolutely convinced are underpaid are teachers, members of the armed forces, and law enforcement. However, being a believer in the capitalist system, I am convinced that trial lawyers exist for one reason. That reason is that there is a need. If there wasn’t a need that was being fulfilled we would have to get other employment. Perhaps in that situation the world would be a better place, but, it is unlikely that this need for our services will ever be fixed in our lifetime. If insurance companies really were fast, fair and friendly as some claim to be, there would be no need for what trial attorneys do. However, insurance companies are not.

We help the lame, crippled, and defenseless and protect them from the corporate agendas of multi-billion dollar companies who do not know and do not care that you exist. It’s a thankless job, but a necessary one. Although most of the criticisms of trial lawyers are overstated, I do agree that some attorneys have tactless, tasteless T.V. commercials that give the wrong impression that this is an easy business that only requires either one phone call to be successful or that merely the hiring of a certain attorney will produce a guaranteed dollar result, with a big check.

Fortunately, I do not have to advertise. Occasionally I will support a local high school or provide my new clients with either a new calendar or pen or some other sort of swag. However, my business has been based for years on the old fashioned principle that if you do a good job for somebody they will tell their family and friends. In this industry there are no guarantees except for one. My staff and I will be approachable and will sincerely listen to your concerns and fears and try our very best to resolve them. Over the years we have meet with profound and significant success in hundreds of cases and matters. We hope that your case is one of those successes. If there is anything we can do to help you or a family member whose has been injured through the carelessness of another person, please let us know. We love receiving referrals. Many times even years after we have helped a client resolve a case, client will stop by or drop us a line to tell us how they are doing. We love hearing from our former clients because we care about them as individuals. James Thurber once said that “Love is what you’ve experienced together”. When we experience some of the great tragedies of life with our clients, we come to think of them as members of our extended family. That may not be the way that others do business, but it is the only way we know how.

What to Do in the Event of an Accident

There are several things that will strengthen your claim in the event of a collision. These simple steps should be shared with family members and friends to help them overcome many of the objections and hurdles we will see in the course of the case when the claim is eventually brought.
First, get all health care you may possibly need as soon as possible. Go to the emergency room and tell the doctors everything that is wrong with you so a record can be made. For example, if you have shoulder pain, tell them about the shoulder pain even though the shoulder pain may not be the most painful part of your injuries.
Second, obtain photographs of everything, the accident scene, the damage that was done to your car and to the other person’s car, any visible injuries to your body. Don’t rely upon your insurance company to take adequate photos of the property damage. The property damage is often very important to help document and/or explain the extent of the forces involved in the crash. The extent of the property damage is important to the bodily injury claim as well as dealing with the issues related to the property damages alone. Also, take photographs of any bruises, cuts or scrapes you may have. A picture is often worth a thousand words and most cuts and bruises heal making pictures later a moot point.
Third, as you deal with your doctors and physicians, aggressively seek treatment. If you try to put it off and wait, you may develop a gap in treatment which is often difficult for us to overcome in explaining the extent of your injuries either to the insurance company or to the jury. The longer you wait for treatment the more difficult it is to get anyone to believe that it is due to the automobile collision.
Fourth, seek legal counsel. Quickly! The sooner you get an attorney involved, the sooner your claim will be documented and persevered and indicate a message to the insurance company that you are aggressive about your claim and are willing to pursue the matter as needed. Claimants who wait many many months before obtaining legal counsel send a message to the insurance company that they are not aggressive and serious about their case and they tend to get lower offers for settlement. Make no mistake; you will need an attorney to effectively pursue your claim. Although it is possible to obtain a settlement without an attorney in the vast majority of cases, you are far better off with legal counsel.

This article was orginally published in the bi-monthly newsletter BackTalk, and was written by Bryan A. Larson esq.