Attorney Ben Schwartz talks about why getting legal advice after a serious accident is of great importance.
Hi, I’m Attorney Ben Schwartz,
Today we are going to take up a topic that is near and dear to my heart, and that is getting legal advice after a serious accident. I got an email from an insurance adjuster that is a friend of mine and for the purposes of this video, the name has been changed. Let’s say Glenn sent me this email. He says essentially, can you do a video about this? One of the things that cause me the most stress is knowing after a motor vehicle accident people are taking steps that severely damages their own lives and futures and I cannot do anything to stop them. I am not allowed to give people legal advice about their rights. I was investigating an accident where a woman was run over by a motorist; our insured was intoxicated.
I visited the claimant in the hospital and quickly determined that based on the nature and extent of the injuries, a $100,000 policy limit settlement would likely be recommended. I was very nice to the lady and she quite willingly took a check from me for $1,500 and signed a release. I don’t feel good about it, but it’s my job. Tell more people to get legal advice before they agree to a settlement.
And know Glenn, I want to tell you thanks for writing in and raising this issue. I understand what you’re saying. What you are saying is as a representative of the insurance company for the at-fault driver, it’s not your position, and it’s not your right, and it’s not your obligation to tell someone, “Hey look, go to a lawyer, you’ve got a big settlement coming to you. You’ve got money coming to you that will help you secure your future and help you live a better life now that you have these significant injuries”.
It’s not your job to do that and in fact, it’s actually your job to protect your insured. Meaning it’s your job to protect the at-fault driver from being sued; from having an excess verdict. A verdict from a jury that is more than the available insurance coverage. Then I understand as a legal professional all that you are is doing your job when you go to a hospital room, you meet with a woman who’s been run over, you get her to sign-off on a general release and she waives her right to sue in return for some small pittance. I understand that I’m not sure that most of the population in the United States also understands that and so that’s why I agree. We should do this video, so folks if you’re watching what I’m saying in this video, is if you have a friend, family member or you know someone you’re related to or you know someone that you know if there has been a significant injury. You know there is a reason why everyone says get legal advice from a lawyer. There is a reason why personal injury attorneys offer a free consultation in order to give you legal advice. It’s because the insurance company has an obligation. The insurance company has an absolute duty to get the at-fault driver, or the at-fault person, out from under your legal claim. They are gonna do that as inexpensively as possible. Their goal is to get your signature on a release, on a document where you waive your right to sue., and if you meet with an insurance claims representative, if you sign anything, if you agree to anything, you are probably shooting yourself in the foot. Quite frankly that’s not really the proper analogy, what you are really doing is you’re shooting yourself in the head, because if you have been significantly injured in an accident, how are you going to pay your rent? How are you going to pay your mortgage? How are you going to put food on the table for your kids to eat?
You need to make sure that you take steps to secure your financial stability. That is what you speak to an attorney about. So, my pitch to you is wherever you know people all over the United States, inside and outside the United States, watch these videos. I get emails and messages and direct messages on Facebook and you know comments through YouTube from all over the world. If you are watching this video, here is what I want you to know. Wherever your accident was, go to a qualified personal injury lawyer in the jurisdiction where your accident occurred or where you reside. Get a free consultation. Get some legal advice, get someone who understands the insurance companies playbook and who can help you defend against the insurance company trying to run its plays. To make sure that you don’t get your ball down the field. To make sure that your future is sold out for the betterment of the at-fault driver, for the betterment of the insurance company.
Get that free legal consultation before you agree to anything. Get that free consultation before you talk to anybody from the insurance companies. If you don’t, you may be putting the bullets in the gun and putting the gun up to your own temple with your finger on the trigger. It just doesn’t make sense. So, I think I want to say thank you to Glenn. You know, insurance adjusters tend to look at these cases as games and they tend, in my experience, to compartmentalize these things and sort of a game that they are playing so they can sleep at night and so that they can look themselves in the mirror when they are shaving their face and not feeling guilty about what they are doing to innocent victims of significant personal injury claims.
Glenn, I think it’s very brave of you to send me that email, I thank you for sending me that email. I thank you for helping me to educate people about what to do after an accident. Now, if you’re watching this video, I hope that you found it informative. I hope that you will share it with your friends and family. I hope that if you have a question relating to personal injury law or litigation that you will feel free to send me an email. Thanks for watching!