LOL?

Always the punch line to jokes, lawyers sometime get a bad rap.  No doubt, some of the derision is well-deserved.  I always used to get a good belly laugh at dry-wit lawyer jokes.  Heck, I told my share of them without a second thought.  I joined in on the guffaws wondering if we attorneys really were all on a joyride to hell.  Then something happened a few years ago…

The greatest day of my life was the day that I accepted Jesus Christ into my Life.  But it was an interesting transformation for me in my life and practice because I was already an established personal injury attorney when I got saved.   After my rebirth, one doctor friend of mine tried to warn me, “say goodbye to your career” and proceed to try to convince me that people want their personal injury attorney to be unsaved, vicious and wicked.

Indeed, some people think that it is odd when I tell them that I am both a born-again believer and a personal injury attorney … as if those two things do not go together.  But I wondered for a long time if the idea that a lawyer could be saved really is somehow an offense to some folks.  I have learned from being on both the defense and plaintiff side in injury cases that people are bias and sometime untrue to what they believe.  Despite what we all learn on Sunday, there really is a sentiment in our humanity that doesn’t always want to prefer the other’s advantage … a mindset that rails against doing unto others as you would have done unto you.  I know this sentiment all too well, since I try personal injury cases in court before juries.

I remember early in my practice when a jury consultant explained to me during an important trial this certain psychology of which to be aware, explaining to me that despite what we prove in our case, “some jurors simply do want to enrich their neighbors.”  Being able to discern this sentiment in a potential juror can be very helpful in securing a just and fair verdict.  My job as a litigator is made easier when I find jurors who are walking in what they claim to believe.  People should want the best for others, not just financially (in terms of fair compensation), but also spiritually.  Is that notion too revolutionary?

People should not only prefer — but also insist – on their attorney being Saved.  Personally, if I am going to court for any reason, I want the person who is speaking on my behalf to the court or to a group of strangers (called a “jury”) to have a personal relationship with Jesus Christ … the Wonderful Counselor.  I am a better attorney when I consult with Him …. More, I am a better person.

A very wise theologian once explained to me that “Nothing lost in God’s economy.”  I have come to find that to be true.  I continued to practice law and to represent people for their injuries after my salvation.  As I walk with God, I see things and have new insights that simply did not exist years before when I was unsaved.  I continue to help people – only now with a new-born passion that is breathed into me.  Many clients have confided in me that it is very comforting to have an attorney who is living the surrendered life … and that you don’t have to leave the Kingdom in order to find a good attorney.

If you have been in an accident, it’s important to make a timely and well-organized accident claim in order to receive appropriate compensation for your injuries, costs, and damages. Depending on the dynamic of the specific case (and applicability of insurance coverage), the claim may be submitted to an insurance company, the tortfeasor defendant, or to the legal representative of the responsible party. An experienced personal injury attorney can help you make an accident claim and deal with all necessary parties.

To discuss your accident claim with an attorney, please The Romano Law Firm today at 918-409-7711 in Oklahoma or 813-2589444 in Florida.

Who Is Responsible for the Accident?

A fundamental question following any accident is that of liability. Liability is the legal concept that is essentially means “fault” — the question of who is at fault for the accident. Although the concept sounds simple, the determination of liability is sometimes not simple at all. In many cases, more than one party (person or corporation or other legal entity) is liable.  Indeed, more than one insurance company may be trying to assess their own financial responsibility.

From time to time, a person who is making the accident claim may be liable to some degree for his or her accident.  Percentages are often used by a court or jury to describe liability — for example, a plaintiff (the accident victim) being found 30 percent liable, and the defendant being 70 percent liable.

In most cases, even if the person making the claim is partially liable, he or she may still be eligible to recover damages.

How Much Is Your Accident Claim Worth?

Although the same types of accidents are common—for example, car crashes or slip and fall, or premises liability, etc.—every particular accident and resulting claim is unique. Establishing the value of an accident claim involving injury is not an exact science, since the ultimate answer of the “worth” of the case is determined by a judge or jury. Some of the obvious consequences of an accident and injury are easy to describe, and it’s easy to put a dollar amount to them. Other consequences are not so easily explained, and require an expert opinion. The following are the most common losses taken into consideration when determining compensation in an accident claim involving injury:

·         Medical costs and related expenses

·         Income lost because of the accident, because of time spent receiving medical treatment or undergoing rehabilitation

·         Permanent disfigurement or physical disability

·         Emotional damages, such as stress, depression, embarrassment, or strains on family relationships

·         Loss of family, social, or educational experiences (e.g., missed school or training, vacation, special event, or other opportunity )

·         Damaged property

The Romano Law Firm Can Help

Whatever the nature and extent of damages or the type of injury you’ve suffered, it will be very helpful for you to have the guidance of an experienced attorney when you make an accident claim. Whether your accident was very recent and you haven’t begun the accident claim process, or if you’re already further along in the process, the oversight of a skilled attorney could make the difference between a successful claim and an unsuccessful one. Contact the qualified attorneys at The Romano Law Firm today to arrange a private and FREE consultation.  We will explore with you all options and help you determine the best way to seek compensation.

The Romano Law Firm, P.A. handles injury and wrongful death claims throughout Florida and Oklahoma
Wrongful death suits can come about as a direct result of:
• Automobile / Vehicular Accidents
• Negligence
• Personal Injury Accidents
• Workplace Accidents
• Dangerous or Defective Products
• Fire

Common things to expect when one has experienced the wrongful death of a friend or relative can range from loss of income, sorrow, mental anguish, loss of companionship, hospital bills, and other economic damages.

In addition to car accidents, one of the most frequent causes of wrongful death is medical malpractice. Thousands die each year because this kind of wrongful death is not filed or goes unnoticed. Contact the Romano Law Firm if you think a relative or someone you know died as a result of medical malpractice. You may be able to file a Wrongful Death suit, if there is a loss of substantial loss of income and benefits caused by the victim’s death or loss of inheritances caused by the wrongful death of the individual.

The Romano Law Firm is available for home and hospital visits by appointment. 918-409-7711

Who Is Responsible for the Accident?

A fundamental question following any accident is that of liability. “Liability” is the legal concept that covers the issue of “fault” — the question of who is at fault for the accident, or what caused the injury or accident. . Although the concept sounds simple, the determination of liability is sometimes not simple at all. In many cases, more than one party (person or corporation or other legal entity) is liable.

Sometimes the person who is making the accident claim is liable to some degree for his or her accident. Percentages are often used by a court, jury, or fact-finder to describe liability — for example, the injured party (plaintiff, or accident victim) in some jurisdictions may be found up to 50% at fault and still be able to make a claim for the remaining liability attributed to the other party. A rough example of that is when there is a car crash involving two cars, one which had the right of way, but was speeding.
Even if the person making the claim is partially liable, he or she may still be eligible to recover damages.

What is the value of Your Accident Claim?

Although the same types of accidents are common—for example, car crashes and “slip and falls,” every particular accident claim is unique in its evaluation. Calculating how much any specific accident claim is worth is not an exact science. Some of the consequences of an accident are easy to describe, and it’s easy to put a dollar amount to them. Other consequences are not so easily explained. The following are the most common losses taken into consideration when determining compensation in an accident claim:
• Immediate Property damage losses and other economics losses.
• Medical costs and related expenses , including medication (both prescription and over-the-counter)
• Lost wages, loss of opportunity and other Income lost because of the accident, or because of time spent receiving medical treatment, surgery, rehabilitation or physical therapy
• Permanent disfigurement, physical disability, or death
• Emotional damages, such as stress, depression, embarrassment, or strain on family relationships
• Loss of family, social, or educational experiences (for example, missed school, training, vacation, or a special event)
• Loss of health benefits, loss of sick or vacation time (which had to be used as a result of the car accident or treatment)
• Damaged property
• Future economic losses, such as future medical treatment, medication, or future surgery)
• The law even allows compensation for such issues as inconvenience of having to visit the doctors several times a month (or week), and gas mileage (which can add up quickly)

Why a Personal Injury Attorney Can Help?
No matter the type of accident, or the kind of injury you have suffered, it will be very helpful for you to have the guidance of an experienced personal injury trial attorney when you make an accident claim. The Romano Law Firm, P.A. wants to help. Whether your accident was very recent and you haven’t begun the accident claim process, or whether you are already further along in the process, the oversight of a skilled attorney and the claims handling expertise of our office will make the difference between a successful claim and an unsuccessful one. Contact us today to arrange a private and confidential consultation — your circumstances and options will be explored in detail. And we will put you on the road to make you whole again – physically and financially.

During training, adjusters are told that only about one-third of claimants are predisposed to hiring an attorney. Since most claimants contact and hire an attorney within two weeks of an accident, adjusters are told that it is critical to contact the claimant and establish rapport as quickly as possible. Phone contacts are handled by script so that the adjusters don’t forget to make the necessary points to gain rapport and to discourage the use of an attorney (e.g., “If you hire an attorney, then I won’t be able to talk with you anymore.”). Contact by phone is preferred by the companies because it’s cheaper. However, if it appears that the claimant is a candidate for hiring an attorney, then the adjuster is required to meet him/her face-to-face immediately to build rapport. Allstate tells its adjusters that, “One way of identifying good candidates for face-to-face is to carefully think through the risk of losing the claimant to an attorney and your ability to influence the decision.” Allstate Unrepresented Adjuster Training Manual, July 1995.
In short, the most powerful arguments for hiring a personal injury attorney are found in an insurer’s own training manuals. Those reasons are usually economic in nature. Some other considerations are these:

By the insurance industry’s own statistics and track record it proves wise to have your case evaluated by an experienced and qualified attorney. If you have a claim, please call The Romano Law Firm for a free evaluation.

(Read Part 1 of this Article:The Oklahoma Auto Accident Attorney & The Insurance Adjusters)

Both of my grandfathers moved to America from Italy. One worked in the coal mines of Virginia and died of a disease related to the conditions of the environment. My other grandfather died of lung cancer from smoking. He began smoking in the days long before warning labels. In fact, in his day, tobacco companies used to advertise that menthol cigarettes were actually GOOD FOR YOU because that cool mint flavor “clears” the lungs. Now we know that “Big Tobacco” put pieces of fiberglass into the mix to cut the lungs and allow the nicotine to absorb more quickly. I was too young to understand why my loving grandfathers were taken from me, but I insisted someone was responsible and there was something that could be done legally. I felt helpless. These two great injustices were pivotal events in my formative years and fueled my ambition to become and advocate for individuals who are victimized by the actions (even negligence) of others. Whether unintentional negligence (as in the case of most car accidents), where there is an injury, or intentional negligence, such as product distribution, like “Big Tobacco,” there is generally a remedy available under the law.

I graduated from Florida State University Law School in 1992. During law school I served on the Law Review, which is recognized as the top law journal in the state of Florida and a leader in the region, based on citations by courts and the average citation of articles published in recent years. I won numerous accolades while earning a Doctorate of Jurisprudence ( J.D.) After law school, I had the opportunity to work for large law firms that defended insurance companies and other “big business” interests responsible for injury to others. Working for the “defense” was not a good fit for me –emotionally or morally. I TRULY BELIEVE that the law should work FOR THE PEOPLE and not in defense of “big business’’ interests (like insurance companies). That is why the Romano Law Firm represents only victims. Only individuals. Only YOU … so we avoid any possible conflicts of interest.

My purpose is to champion the rights of victims. However, working for the “enemy” early in my career made me aware of how well-armed, prepared and financed they are, and just how effective they can be at subduing or minimizing legitimate claims.

I believe in fair compensation for my clients for both economic damages and personal injuries they have suffered. After an accident involving injury, people often need help picking up the pieces of their life. That is where we come in. The Romano Law firm wants to help you pick up the pieces.D’

“A person who represents himself has a fool for a client.”

This sage advice is why smart auto accident attorneys refer cases which are beyond their own expertise. Yet many non-lawyers sometimes foolishly brave the perilous waters of accident and insurance law by failing to seek representation for damages and injuries after an accident. There is a common (but very incorrect) belief that by not hiring an attorney their recovery from an insurer will be higher. Deceived by the idea that they can “save” the cost of attorneys’ fees, they typically end up with a much lower settlement or result (and sometimes no result at all) due to the many vagaries and pitfalls of making and documenting a claim.
Often, slick insurance adjusters fuel and feed upon these concerns. Indeed, the major insurers instruct their adjusters to do everything possible to discourage injured parties from seeking the representation of an attorney and to quickly settle legitimate cases for a fraction of the amount that a qualified attorney could obtain. Moreover, adjusters sometimes pressure claimants to settle quickly (as soon as the day after the accident, when many of the symptoms or necessary treatment is not yet evident).
Oklahoma Accident Attorneys obtain significantly higher results by the insurance industry’s own account.

Insurers know, and tell their adjusters during training, that in the most common personal injury claims, “represented claims [when an injured person uses an attorney] settle for 2-3 times more than unrepresented claims [when a person deals directly with the insurer].” Allstate Unrepresented Adjuster Training Manual, July 1995.
Adjusters are trained to tell injured parties that:

• An injured person isn’t required to hire an attorney, that the company settles claims directly with many accident victims every year.
• People who settle their claims without an attorney generally settle their claims more quickly than those who hire an attorney.
• Attorneys typically take 33-1/3% of a recovery; however, if the injured person settles directly with the company he/she gets to keep the total settlement.
• An injured person can always hire an attorney, so there’s no reason to hire one from the outset.

What the adjusters don’t tell the claimants or injured parties is that:

• The insurance company desperately doesn’t want injured people to hire an attorney because an attorney will force the company to pay the full value of the claim, which is usually much higher than an unrepresented injured person would be willing to accept.
• A quick settlement takes advantage of a victim’s present need for cash. It is often done before the full nature and extent of the loss can be evaluated and appreciated. It’s much cheaper for the company to settle early, before a victim comprehends the full nature of the loss.
• Using the insurer’s own statistics, a represented victim whose settlement is two to three times larger than an unrepresented victim almost always obtains a larger recovery for himself, even after deducting attorneys fees.
• The longer an adjuster keeps a claimant from seeing an attorney, the more likely the adjuster will build rapport and engage the victim’s sense of trust by appearing to act as an advocate (e.g., “I’m doing everything I can with the company to get you the recovery that you and I both know you deserve.”) while reducing the victim’s expectations of settlement by gently pointing out all the negatives of the claim. The longer a victim puts off seeing a lawyer, the more likely it is that the victim won’t see an attorney.

Allstate Unrepresented Adjuster Training Manual, July 1995.

So what’s your story?

Do you have questions about whether or not they should contact an auto accident attorney?

For instant advice please call the Oklahoma auto accident attorney Dorian Romano at 918-409-7711

(Read Part Two: How Insurance Adjusters Prey Upon the Injured)

1. Seek immediate representation. Many people believe that hiring an attorney is the last thing to do. However, legal representation early in the process may help you from falling into the traps and pitfalls, which laypeople may not know about. We can make sure that your injury is properly documented (often beginning with hospital treatment). We can make sure that the proper parties are stepping up to the plate — and in most cases, we are able to help you avoid a deductible.

(For immediate help call the Romano Law Firm >> (918) 409-7711)

2. Seek medical treatment. Of course, in an emergency, hospital treatment is first. A diminished value in injury cases is often attributed to lack of treatment (and therefore lack of documentation regarding the severity of an injury). Sometimes a simple hospital visit or follow-up referral is not sufficient to document a claim, and specialists are required. We help guide the way.

SMALL FIRM HEART … BIG FIRM MUSCLE
3. Report the accident to your own insurance company. In many case, you have an obligation to report the claim to your own insurance company. However, you are cautioned against the many pitfalls of discussing your injury, or speaking directly with the insurance company of the party responsible for the crash. Even during the reporting process, it is helpful for legal counsel to be involved with every communication with the insurance company so that your interests and rights are not violated, and since the Romano Law Firm does not charge and hourly rate, there are no legal fees for having us help to handle these details.

4. Don’t be lead by fears. From personal experience, after being hit, it can be intimidating to get back on into your life and back on the road. Even getting behind the wheel can be a little dreadful. Putting you on the path towards wellness and wholeness can be reassuring and comforting. The Romano Law Firm can help. We know the Way!

(For immediate help call the Romano Law Firm >> (918) 409-7711)