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insurance defense attorney questions and answers

Q: If my auto accident case is dismissed, will I have to pay defense attorney costs?
I have an auto accident case which the logging truck driver jacknifed his truck and hit me head on. I sustained serious injuries, and am suing. Nobody saw the accident, it was far out. I was flown out by medivac. The insurance company representing the logging company hired their "experts" who came back and claim I veered in to his lane and hit him, therefore my injuries are "my fault." What happens if after reviewing the entire case the judge accepts the defense request for dismissal. Will I have to pay the thousands the defense spent up to that point???

A: No, you are not responsible for the defense's expenses/fees unless the insurance defense attorney filed an offer of judgment. You could be responsible for some of the fees and costs from the date the offer of judgment was filed until the matter is resolved/dismissed. Ask your attorney.

Q: How do traffic defense attorneys work their craft?
My son got a speeding ticket (100mph) on his way to Las Vegas New Year's eve. We have prepaid legal. The attorney said, she knows the judge and just pay her $140. and the citation will be dropped, no record, and insurance company not notified. She didn't even want to hear his excuse (actually he lacked one).

A: No magic necessary. Most people that go in are offered a reduced fine, regardless of if they have an attorney or not. The average prosecutor has a very heavy case load. Plea bargaining is cheaper and less time consuming than going to court.

Q: Salary estimates for attorney?
Could anyone give me a decent estimate of how much a defense attorney working for Travelers Insurance company that handles small cases that rarely go to court would make? This person has been working here for 20 years... Rough estimates anyone?

A: www.salary.com, it would depend on auto, workers comp, or gl claims, and it would depend on what state.

Q: Do I need a defense attorney? Please help thanks.?
I receive a letter today from the law firm of Cohen and Cohen,P.A. SAYING Dear Mr.Jones: Please be advised I represent Mrs. Nancy Adam for a serious fracture injury she sustained to her wrist when your dog knock her at the Dog Park located at --------Florida. The enclosed Broward County report your dog "Marley" knocked Mrs. Adam down due to your failure to restrain the dog. The purpose of this letter is to request that you notify your Homeowners Insurance Company of this pending claim with thirty (30) days. If you have an insurance agent, please foward this letter to them. Otherwise, please notify your Homeowner Insurance Carrier immediately of this claim being brought due to your negligent failure to restrain your dog. Ok my question. Is my dog never even closed to atttack her. I had her with her leash and harness. This lady has a history of broken wrist. And I dont think my dog even touch her. God bless this lady. But she was old and out of shape. No offense, but no unfint person should be at the dog park. Knowing something can happend. It like me swimming in the beach. And sueing them because I almost drown. Well I dont think I have Homeowner Insurance. So what are my options?

A: You should definitely contact an attorney to seek representation. Unfortunate we are responsible for the actions of our animals. Whether or not your dog actually touched her or not will be decided at a trial should this case ever go that far. Right now the other attorney's letter seems as though he is trying to scare you into settling the case. Perhaps it is because they feel that it is not a strong case so they are trying to get a quick settlement. An attorney will be able to advise you of your rights and should this case go any further will be able to help you get out of this jam. Hope this helps.

Q: defense attorney for 30unit rental proprety said i should have known?
listen this invovles personal injury ,,,,, i suffer head neck and back injuries. 6mths of therapy.3 mths lost wages .of two jobs .. ceiling fell on me form about 7ft above 1st fl of my dads rent store. building owners had many yrs of compliance and failed codes,,,,ive cmpleted therepy ,,i feel good....is this neglence.... ceiling fell do to building code violation .....plumbing and mold,, build up. ,,my question is am i in the clear? oh......ceiling came down again ..we have pics and witness ,,of 1st and 2nd time> how much insurance could pay out....for this....;;;;;serious answers only!

A: Contact a lawyer. It sounds like you would have a good case for a lawsuit.

Q: How do I find an entry level attorney position in CA?
I graduated from UC Hastings in 2007 with an unfortunate 3.0 GPA, but I was on law review. While in school I interned at a plaintiff's firm and two different DA's offices. It took me two tries to pass the bar exam, but now that I have my license I am having no luck finding work. I've tried networking, job postings, and direct mailing to firms, and so far I've received nothing but rejections, some of which were fairly rude ("You're not qualified to work at our firm."). I'd like to find a litigation job, preferably doing employment/labor, personal injury, or insurance defense. Do any attorneys on here have advice on what I should do?

A: 1. Contract attorney work - there are lots of temporary employment agencies that do this; 2. Special appearance attorney; 3. Craigslist; 4. Have you tried the local PDs and/or DA's offices? I know you mentioned civil litigation, but you can get trial experience with the PD and/or DA; 5. In-house counsel; 6. Do you have any friends who are currently employed as attorneys? See if their firms are hiring. Many times, firms will take someone who is recommended by a current or former employee over someone who just sends in a resume.

Q: How do defense attorneys justify defending an obviously guilty defendant?
I would imagine that is very difficult for them. How would they feel if they succesfully get an aquittal for a person who they feel is guilty, or if they help release them on some technicality like "the fruit of the poison tree" one. Are they just in it for the money? I would imagine at first they start off very idealistic, but after they gain experience and see what the legal system is like, they just look for rich drug dealer clients. Or insurance companies and stuff. That movie with matt damon comes to mind, and the devils advocate. What do you guys think?

A: As a technical matter, there is no such thing as an "obviously guilty" defendant, because a guilty defendant is one whom the state has proven has committed a crime beyond a reasonable doubt, under the procedures which we have come to understand, over a period of some 500 years, are necessary to assure that trials are fair. A defense attorney's job is to make sure that the government obeys its own rules. Those rules are numerous and complex, and it takes years of study and experience to know them all and to apply them correctly. You wouldn't expect a sick person to perform his own surgery, and you cannot expect any person, guilty or innocent, to negotiate the mine field of the law alone. In over 95% of cases, the defense attorney's job is to determine what charge and punishment is fair for the individual defendant, and to assist the defendant in entering guilty plea. It is well known that the police and prosecutors frequently "overcharge" cases, so that the defendant may be guilty of something, but not of the crime charged. It is the defense attorney's job to make sure that the "punishment fits the crime." Only about 5% of cases go to trial. It is not the attorney's job to then abandon his client, but is, again, to assue that the trial is fair, that all of the government's evidence is tested, that the defendant gets a fair chance to tell his side of the story (when he has one to tell), that the jurors understand what their job is, and to make sure that nobody is punished unless the rules and standards are obeyed. There are other systems. In China, the job of the "defense" attorney is to assist the government. In some systems, a defendant is require to prove his innocence. In some systems, the government can simply accuse you of a crime and lock you up without a lawyer or a trial. Frighteningly, that system exists now in the United States if the President decides you are an unlawful enemy combatant, whether you are a citizen or not. With that exception, I like our system better. It may be surprising, but there really are not that many rich drug dealers to go around. Most private defense attorneys spend most of their time defending people accused of drunk driving, battery, petty theft, and other minor crimes. People with the money to hire a lawyer commit very few major crimes. The people who commit more serioius offenses are generally represented by appointed counsel. While it may be different elsewhere, Public Defenders in California seem to be a pretty idealistic and committed group of lawyers. We are, after all, the ONLY barrier there is between the citizen and the government which is trying to lock him up. It is the defense attorney who protects and defends YOUR constitutional rights. We're pretty proud of that.

Q: What if an attorney is late to preform a deposition?
I have a deposition schedules today. I am representing myself (Pro Se) and my own insurance company is trying to get out of paying me anything out of my underinsurred police because the person who injured me had state minimum insurance. My own insurance company is deposing me today. I just got a call from the defense attorney asking if I could make the 1:30 deposition? I said Yes, but it's scheduled for 1:00. She said "Oh ya!" I think she's going to be late and wanted me to think it was at 1:30. How long do I have to wait from the 1:00 time till I say they're too late and walk away? She said the meeting was at 1:30 and I corrected her reading from the Motion that it's scheduled for 1:00 PM. I didn't adree to her 1:30, I just corrected her. I said I'll be there at the 1:00 PM time. She never asked for more time after I corrected her that the deposition, per her Motion, was scheduled for 1:00 PM. I see where you got the idea that I said Yes to the 1:30 time. I corrected her that it was at 1:00 PM and would be there at 1:00 PM.

A: Depositions are largely informal affairs. The Courts leave it up to the attorneys to conduct themselves in a professional manner, and to either set or agree on the time, place, etc. If the attorney has notified you that s/he will be there at 1:30 as opposed to 1, that is all that is required. You might have only "corrected" her, but you did not tell her that the 1:30 time was not appropriate and that you did not agree to a later starting time. You have to go a step beyond what you did since you are now on notice that she will be present at 1:30, not 1. If you leave prior to 1:30 on the grounds that the other attorney hasn't shown, then they will be able to bring a motion for sanctions against you with the court and ask that you bear all costs associated with that failed deposition, including reporter fees, attorneys' fees and any costs. Now, if the other attorney isn't there at 1:30, you need to take reasonable steps to contact him/her to confirm that they will be present. If they are not, or you cannot confirm, then you need to go on the record to state that the deposition is not proceeding because counsel is not present. Under no circumstances should you try to depose a witness or party without the other attorney present either in person or by phone. Granted, in this case its yourself, but the same principle applies. Do not try and get your own testimony on the record in the absence of opposing counsel.

Q: Why are so many on this site quick to tell others "get an attorney?"?
Whether it's for injuries, property damage, etc., I'm blown away how litigious a society we live in. many only hear about the large verdicts plaintiffs get and never the small or even defense verdicts of $0. The last three trials I've beeen involved (yes, on the defense side) netted the plaintiffs a combined $618.50. I spent nearly $100,000 defending them and would do it again. Two of them left offers on the table and one is paying some of our costs. Do people understand that can happen? Adjustors handle and settle many more claims than any single attorney does in the same period. Many adjustors settle more claims in three months than some attorneys do in a year. Insurance is not a lottery. You get what your owed; no more/no less. Attorneys serve a good purpose and are appropriate in some cases but try and work out your differences with the insurance company first before running to one. There are 'bum' insurance adjustors out there but most are reasonable and they cost nothing.

A: I don't get that either. People are under the impression that getting an attorney gets them more money from the insurance company, and that's just not true. And insurance companies are not afraid of attorneys (if anything they make it easier to handle the claim because attorneys understand how insurance claims work and they don't call every day about little stuff) so if someone threatens an attorney it is not that effective. Claims pend longer when an attorney gets involved because of all the gathering of paperwork and the process they go through. People who could have settled three months ago because they finished their treatment have to wait a few more months sometimes to get a settlement when they are represented. Attorneys can be helpful in certain situations but just to settle your claim when there is no real dispute- I don't get it either, but after all these years in claims I have seen no shift in the number of those who do or don't get an attorney.

Q: What is the salary range for a 5th year associate at a small firm in CA?
The firm has 8-9 attorneys. The practice area is general liability and personaly injury defense. It is a civil litigation defense firm doing mostly insurance defense in LA/OC. Billable is 185 a month. For a 5th year associate, what would be the reasonable salary range? Thanks

A: Where is the firm located? You say that it is "doing mostly insurance defense in LA/OC" but that doesn't mean that the firm is located in one of these counties. If in IE, then $80-100,000. Sad, but true. If in OC, $90-100,000. If in LA, then approx $100-110,000....and this amount excludes any bonuses you may receive for achieving your billables.

Q: never felt better in your life? (joke)?
The following is a courtroom exchange between a defense attorney and a farmer with a bodily injury claim. It came from a Houston, Texas insurance agent. Attorney: "At the scene of the accident, did you tell the constable you had never felt better in your life?" Farmer: "That's right." Attorney: "Well, then, how is it that you are now claiming you were seriously injured when my client's auto hit your wagon?" Farmer: "When the constable arrived, he went over to my horse,who had a broken leg, and shot him. Then he went over to Rover, my dog, who was all banged up, and shot him. When he asked me how I felt, I just thought under the circumstances, it was a wise choice of words to say "I've never felt better in my life." COMMENT I think this one's kinda dumb Please feel free to browse my other questions, I post jokes all the time. All my jokes are being archived here: http://chu.gs/jokes

A: I love lawyer jokes.

Q: Smart farmer =O?
Slow joke day, figured I'd contribute something :P The following is a courtroom exchange between a defense attorney and a farmer with a bodily injury claim. It came from a Houston, Texas insurance agent. Attorney: "At the scene of the accident, did you tell the constable you had never felt better in your life?" Farmer: "That's right." Attorney: "Well, then, how is it that you are now claiming you were seriously injured when my client's auto hit your wagon?" Farmer: "When the constable arrived, he went over to my horse, who had a broken leg, and shot him. Then he went over to Rover, my dog, who was all banged up, and shot him. When he asked me how I felt, I just thought under the circumstances, it was a wise choice of words to say I've never felt better in my life.

A: ehh liittle weak but it was good

Q: Questions for DAs/Cops/defense attorneys?
my worthless brother- gets stopped by cop for no front plate and rear plate "coming back no record". doesn't have drivers license-he's suspended, no insurance and the car isn't registered with the plate is from his buds wrecked car cop doesn't write a ticket or arrest him but asks him for consent to search-he's gives it and the cops searches. in the car (i think in glove box or center console) cop finds lists of credit card numbers and the security codes (from the back of the card) than my brother stole from his work. cop then arrests him and charges him with ID Theft and the traffic violations. later finds out the card numbers had been used fradulently by my bro. my parents are paying a lawyer for my bro and this lawyer is telling them that the cops search was illegal because my brother "wasn't free to leave the traffic stop" when he gave consent to search so it wasn't really consent...does this make sense? me, will he get off or not? He's on meth and needs jail time. thanks to every1 who have answered-this is in colorado. there is a "motions" hearing next month-the lawyer is filing to dismiss the ID Theft charge by saying the search was not consensual..and that as the cop had bro's ID and stuff he wasn't free to say no to the cop. the da offered my brother a plea, but he refused it because it would be for 3 years in prison. the lawyer has really got my parents hopes up, which is stupid. my brother has been on meth for 4 years now (he's 28) and has been arrested several times and in/out jail for a long time. we have locks on our bedroom doors to stop him stealing from my parents and from me and my little sister

A: What the defense lawyer is trying to show is that the consent your brother gave was not voluntary. Courts typically use 4 factors to determine this- 1-whether your brother was informed of his right to refuse consent 2-whether your brother was in custody, and the length and manner of the custody. 3-Conduct of the officer (did he threaten your brother, make promises etc to get the consent. 4-If your brother has any inherent characteristics (youth, learning disabled, under the influence etc) that would affect his ability to freely give consent. the court will look at the totality of the circumstances and not disqualify the consent only based on one factor. From your question I assume the lawyers is shooting for the custody angle...but can't offer an accurate determination. Good luck.

Q: Someone ran into my car doing $4000 in damage, and now is lying and won't pay for it, what do I do?
I was headed to grab lunch and went through an intersection on a green light, some ass ran the redlight smashing into me. He was very nice at the time of the accident and because he was an 'older' man, I did not want to make the situation even worse, so I didn't reinforce the fact that he ran the red light and not me. We exchanged info and he gave me his insurance info and business card. He said, "If you have any problems with anything, give me a call." Well, when I called his insurance about 30 min later, he had already called and told them I ran the red light. Long story short, I am stuck with the bill for my car ($4000+ ) and he walked away with barely a scratch on his truck! Oh, and by the way... he is a defense attorney and owns his own firm... so what can I legally do in a situation like this?? A police officer did drive by after the accident. The guy waved him down, and he came over. He said, because it was raining, the city was on 'slick streets alert and unless we were injured, there was nothing he could do and then he left without even leaving a name or card. And I did call my insurance first and they are well aware of the situation and are taking my side. But that still leaves me out the deductible, the cost of renting a car while mine was in the shop and a decent amount of missed work! I looked for witnesses, found none, searched for cameras, found none. And nobody in the surrounding area saw it that I could find. Sounds like I am out of luck. What an &@!*#!!

A: Do you have any witnesses? It's your word against his that you had the green light. This scumbag knows that. I'm assuming you have car insurance. Contact your own insurance company and tell them what happened. They will investigate and should cover your damages, then they will go after Mr. Bigshot Attorney and his insurance company.

Q: When a Realtor with professional insurance is sued for Fraud, what happens to their insurance rates & policy?
We are mapping out what will likely happen to an underhanded realtor who defrauded a bunch of senior citizens out of their property rights for no compensation. We have a strong case and the District Attorney wants to pursue it for damages. If the realtor's insurance company comes to her defense, I'd like to know a few things. I'm only asking for your speculation based on TYPICALLY what happens in cases like these. How vigorously will the insurance company defend their client's actions? How anxious are insurers of this kind to settle out of court? We could sue for damages in the hundreds of thousands of dollars or something much smaller. Proving the higher damages at this time might prove difficult but this suit could pose a threat to the realtor's license in a separate real estate commission hearing for what she did & proven guilty of in criminal court so that has value the insurers should want to protect. Will insurer drop her policy after this or charge exorbitant rate?

A: The insurance company will not defend in a criminal action. However, they will defend in a civil action (if she has the appropriate policy with coverage that applies). They will vigorously defend. It's their duty per the policy she purchased. And insurance companies are not in the business of playing judge and jury. That's what judges and jurys are for. The insurance company is not going to say - she did a bad thing - lets roll over and not defend this hard.They will hire a competent experienced defense attorney who specializes in insurance defense work and they will defend vigorously. They will keep her best interests in mind. Most insurance companies will try to settle a case they know their policyholder is liable for out of court. However, if the other side is being unreasonable- they have no problem going to trial. Each company does their rating and underwriting differently. No one can tell you what will happen to her policy and that's none of your business anyway.