Call Us - We're Easy to Talk To (214) 999-9999

Six Inexcusable Mistakes Personal Injury Attorneys Make

This guest post is from Dana Smith.

Many people are now becoming concerned that some lawyers of the new generation are not receiving the ‘mentoring’ which attorneys received previously. The fact is that personal injury cases can sometimes be lucrative. The new breed of attorneys knows how to get cases through the use of the social media and online marketing techniques. What is missing are the finer points that come with experience and mentoring. Here are some common mistakes made by personal injury attorneys:

1. Explaining How to Handle Property Damage

Lawyers mostly avoid this as they do not get a fee for getting the highest amount of property damage recovery. The previous auto accident attorney did not know that clients could receive more on their car than it was worth. Clients did not require an explanation that they will receive no replacement vehicle. While it is easier to be positive and elusive about the case, clients demand the truth. If the lawyer explains the situation, much of the frustration can be avoided.

2. Not Acquiring Loss of Use Damages

Even knowledgeable attorneys miss out this one. Because injured victims cannot drive or rent a vehicle does not indicate that they will not receive loss of use reimbursement. You can use the value of a comparable rental car for setting loss of use compensation from the moment of the wreck until the compensation of the entire loss. Clients can use their brand new car or loan it out to family.

3. Explain the Estimated Bodily Injury Recovery

Previously, lawyers did not explain the entire gamut of possible recoveries to their clients. Clients did not get it that their compensations might be restricted by the available liability insurance. They believed they would receive everything that is reasonable for their wounds, permanent damages and loss of income.

4. Telling Clients that You Will Not File Suit and Go to Court

The previous attorney tipped his hand beforehand that they were interested in an insurance-only agreement. They did not consider their clients. The concept was that it was better to agree to the amount insurance companies provide and they would not go to court with the case. This was a poor attempt to make an early settlement to the disadvantage of the client and benefit of the lawyer.

5. Investigating Incompletely

Previously, the file of the auto accident attorney in Anchorage did not contain pictures of considerable injuries, of post-surgery phase and recovery. It is easy to acquire the photographs which tell a better story than any lawyer letter. Lawyers do not investigate the sources of recovery. Lawyers should investigate any open claims, if any, with the commercial liability carriers. They should conduct a preliminary asset search to determine whether the faulty driver had other available assets.

6. Trying to Increase the Fee after Being Subbed

Some lawyers carry on investigating the case even upon being replaced. They even make unauthorized demands for settlement following their discharge. This can be termed as malpractice. It is wrong to settle a case without the express authority of the client. If you are faced with such a situation, it is best to acquire a written authorization stating that the lawyer should give up acting on the case.

Bob Kraft

I am a Dallas, Texas lawyer who has had the privilege of helping thousands of clients since 1971 in the areas of Personal Injury law and Social Security Disability.

About This Blog

The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent more than 45 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)

If you find this type of information interesting or helpful, please visit my law firm's main website at You will find many more articles and links. Thank you for your time.

Find us on your preferred network