Wednesday, May 18, 2005

You Give Law a Bad Name

I work in the legal field as a paralegal for a small law office in the suburbs. That usually doesn’t bother people. In fact, when I say I am a paralegal, it usually impresses people. This is because most people think “Wow, a paralegal. She must be pretty smart. Wonder why she didn’t just become a lawyer?” (I can tell you why – because the whole paralegal thing was a fluke. And now I have no time or money for law school.) Anyway, as I was saying, being a paralegal is usually pretty nonthreatening – until I am asked what field of law we practice. (Drum roll, please…) Personal Injury. (GASP!!!!!)

Now let me preface this by saying that I agree with most people who think that society today is sue-happy. But that doesn’t mean that there aren’t plenty of legitimate claims out there. Or that people should never get compensated for injuries, whether major or minor. The whole thing is, people, there are insurance companies out there for a REASON. And there are personal injury lawyers out there for a reason, too. Usually to make sure that the insurance companies don’t get too rich collecting premiums instead of making payouts. (And, let’s be honest, to collect their attorney’s fees too) Believe it or not, most personal injury lawyers are not the unethical sharks that people make them out to be. They seem to be somewhat misunderstood, actually. The PI lawyers I know won't take on just any case. Because, you see, if they can't win the case, they won't get paid. So all those visions you have of lawyers waiting at busy intersections or steep stairways waiting for people to get hurt just aren't true. Besides, it is totally illegal to "shop" for clients in that manner. But when someone calls the office who was involved in a car accident or was attacked by someone's dog or fell on someone's property that wasn't properly maintained, well, we're there to help.

As a paralegal, it is my job to speak to all potential clients and get as much info as possible. You wouldn't believe what some people try to sue over. Lesson One: LIABILITY. You cannot sue someone because you tripped on their property over your own two feet and broke your ankle. You can sue someone if you tripped on the same property, but over a broken flagstone in their walkway. And big Lesson Two: Most Cases Never Go To Court. Everyone seems to think they have a "lawsuit" when really they only have a "claim." Something you file with the insurance company of the at-fault party. And guess what? Somebody is usually "at fault."

To all those people out there who get into a car accident and go to the hospital and then say "All I want is my bill paid" I say, DON'T BE STUPID!! Why do you think you pay insurance premiums your whole entire life?? If nobody ever made a claim, the insurance companies would just keep getting richer and richer. Premiums are paid for a reason - so that if something needs to be paid, it will be. Pain and suffering don't have to mean just for the accident, as far as I'm concerned (Although legally I can't say what I'm going to say next, I'll trust you not to report me) it should also be for all the premiums you shell out every month. Think that over. The world is about balance - hence PI lawyers and insurance adjusters. They balance each other out. No bad guys here. Unless the adjuster is being a real ASSHOLE about paying your claim and you can't find a lawyer to take it because it's not a BIG enough claim and ... ooops. I'm going off on a tangent here. Sorry - personal shit. Anyway, I have to go now deal with some somewhat related issues of my own. I promise to regale you with some tales of some more, shall we say, colorful clients sometime in the future.

2 comments:

Anonymous said...

The only problem is that these payouts are reflected in premium payouts. If payouts for pain and suffering increase, so will premiums, creating a vicious cycle of increased costs for everyone.

(steps off soapbox).

dasi said...

Ok, first off, I never said pain & suffering payouts should increase. Just that they should EXIST. Second of all, if you think your premiums will remain the same if no payouts are made, you are nuts. Inscos are constantly raising premiums for numerous reasons, and will continue to do so no matter what. Unfortunately we live in the real world, Bob-o, and although I see no reason to TAKE ADVANTAGE of the system, I do believe in making it work for you.

(do you need your soapbox back?)