Q1: Do I need a lawyer?

A1: Many people believe that in a normal automobile accident case, slip and fall or other “typical case” that they do not need a lawyer.  They may have been told that if you have to pay a fee to a lawyer that it will result in them receiving a lesser amount.  What that fails to take into account, however, is the various pitfalls encountered in every case involved.

For example, we were contacted by a nice family who had suffered a true tragedy when one of their family members had been killed in an auto accident.  They had been contacted by the insurance company for the other driver and were told correctly that the other driver had only $50,000.00 in coverage available.  Not wishing to incur an attorney fee and believing that they had done everything possible the family signed a general release.  Unknown to the family there was substantial underinsured coverage available.  By signing the general release, however, they lost the right to pursue that coverage.  We were very unhappy to tell them that there was nothing else that we could do for them.

You must remember that when you are contacted by the insurance company for the other driver or the place where you were injured, that adjuster is not looking out for your best interests.  The adjuster’s job is to pay as little as possible to get you to sign a general release.  If you resolve the case without an attorney’s assistance you could lose very important rights.  Most attorneys would be happy to give you an initial free consultation and we would urge you to contact an attorney before signing away any of your rights to recover for your own or a family member’s injuries.

Q2: Since I feel okay, can I settle my case without consulting with a lawyer?

A2: In many auto cases or other cases of traumatic injury, an injured person may at first not feel any pain.  When the shock wears off then they truly appreciate the amount of injury done.  It is also typical to see a period where the injury appears to go away, only later to come back even worse than before.  If during this initial period of healing you sign a general release with an insurance company you give up your rights to later recover even if your injuries are found out to be very serious.  Think carefully, before agreeing to waive your rights.  It is always better to wait several months before agreeing to settle your case.  Typically, the insurance company will still be willing to settle your case even with the additional delay.

Q3: Will I get a larger settlement or verdict if I pick a law firm from Buffalo, Rochester, Pittsburgh or Erie?

A3: Although many of these law firms from the bigger cities advertise throughout this area, advertisement does not guarantee success or better results.  In many cases you will be better served by a local attorney.  An attorney in your area may very well know the climate of the courtroom better and has the same resources available to them as the big city firms.  Attorneys in this area may have as much or more experience than attorneys in the city firms.  At the same time, attorneys in this area have more ties to the community and are always open to assist you with any problems as your case progresses. 

Q4: If I get a lawyer won’t my settlement be published in the newspaper?

A4: On occasion you may have read in the newspaper or heard on the radio of a friend or person in the community receiving a large settlement on a civil suit.  Of course if a case goes to verdict then the verdict is a matter of public record and cannot be kept confidential.  However, if the case is settled outside of court then the amount of the settlement or even the fact that there was a settlement can be kept private.  At Dwyer, Black & Lyle, we feel it is in our clients’ best interest to keep any settlement confidential (who wants their private business broadcast across the community?) and whenever possible we will not disclose this information to anyone. 

Q5: Won’t my insurance rates go up if I report my accident?

A5: The mere reporting of an accident will not cause your insurance rates to go up.  Instead, only if you are found at fault for the accident and only if your insurance company pays a certain amount of money will your insurance rate be affected.  If you fail to report the accident to your insurance company, it could result in a loss of rights you may have, as well as leaving you exposed to a lawsuit from another driver.  Remember you have spent a lot of money over the years for this insurance and the reason you paid all that money was in case of an accident.