Recent Blog Posts in June 2009

I have a confession to make.  More than any other single topic I have covered in any of these blogs I have the least amount of "first-hand" experience with this topic.  This is simply because I have never worked for or represented any insurance companies. However, this being said, I have spent more than 18 years battling the efforts and perceptions of these corporate giants.  As an experienced tactician, I realize that knowing your opponent and what they are thinking is critical to success.  It is from this perspective that I would like to share with you how these insurance companies operate and what they think about you as a claimant.

How They Operate

First it is important to understand that insurance companies are large corporate profit centers complete with regional offices, corporate policies, and competing branch managers.  The average claims office is an entire floor, or many floors, of an often dreary office building with very little character or personality, which frankly matches the employees who work there.  In these floors you will usually find small metal and plastic furniture offices around the periphery of hundreds of cubicles.  This dreary work environment makes it easy to forget that injured people are more than just number.

Large Corporations love to systemize their stock and trade because of their basic belief that in so doing it will increase efficiency and ultimately their bottom lines.  Insurance companies are no different. They themselves will usually admit that resolving property damage claims lends itself to systemization far more easily than personal injuries.  People and their injuries are unique.  Even if the employees of the insurance company know this fact in their personal lives, they seem to think nothing of driving to work each day and treating unique injuries as some sort of equal and tangible commodity.

When you make a claim to the at fault driver's insurance company, almost immediately, the company will assign your claim to a department.  In turn, the department head, called a claim supervisor, assigns a specific overseer [known as a claim representative or adjuster] to your claim. 

Though the adjuster's job description is not overtly described in any manual, saying they are to make sure you receive as little as possible, rest assured that this is their main concern.  If you have ever seen Disney's © animated movie, The Incredibles ©, you'll know exactly what I'm talking about.

As part of an adjuster's overall efficiency they are rewarded based on how well they resolve matters consistent with the policies, and criteria created by the company.  To better systemize, insurance companies use something called "valuation software."  These are computer programs which make it possible for adjusters to drain every possible drop of life out of a claim and turn it all into pure numbers. One of the most popular programs is called "Colossus" (a self prophetic indication of the enormity of these insurance companies).  

The way these programs work is that adjusters take the factual and injury scenarios and input the information into the computer and the settlement range pops out.  The criticisms of this approach are plentiful.  However, for purposes of this blog, I will side-step the issue and spare you the pages of commentary I could write on the flaws of such a system.  

It is with all of the above in mind that I want to provide you with two steps to utilize when you proceed with your claim and the insurance company handling your claim.

Step 1: Spot the Red Flags:

To begin with, there are certain red-flags that the insurance adjuster will note and these are often the basis of low or at least lower settlement offers.  You too should be able to spot these red flags to help you understand where the insurance adjuster is coming from. Those red-flags include, but are not limited to the following:

Red-Flag #1: Small or no damage to the car.

I have seen insurance companies completely disregard major injuries (even surgeries) that have no other earthly cause but the car accident, because the adjuster gets stuck on the fact that the vehicle damage was under a $1,000.  The fact is emergency room doctors never go out to look at your car to decide how to treat you.  Furthermore, to my knowledge, no auto mechanic has ever been consulted in lieu of an x-ray.  So, I am constantly amazed that an adjuster will believe that a metal bumper can be contacted and significantly distorted, but the occupant could not in turn have muscle, ligament or cervical disc injury caused by the same collision.

Red-Flag # 2: No immediate emergency room care.

The vast majority of clients I have represented drove away from the accident scene and did not go by ambulance to the hospital on the day of the crash. Studies show that often very injured people do not express that injury at the scene. Despite the well recognized literature on the subject, insurance companies regularly discount cases for this omission. 

Red-Flag #3: Delays in seeking treatment for more than a couple days.

Insurance adjusters hold a bias and firmly held belief that people who are really injured get to the doctor quickly.  In this day and age, without automatic medical coverage and the economy being what it is, often people try to grit out their injuries and avoid incurring a bill.  Even though insurance companies are aware of this, they continue to maintain this as a red-flag issue.  I once had a nurse client who waited 18 days before he sought care with his general practitioner.  Despite the delay he ultimately required a 4 level lumbar fusion surgery.

Red-Flag #4: Pre-existing injuries.

This one is huge.  If an adjuster learns that a person with a neck injury has suffered and treated for a similar malady in the past, often that adjuster will feel there is nothing else they need to know.  This analysis is so very flawed.

A person who had an injury in their past, received care and ultimately a complete release from her primary doctor generally has really great documentation that she recovered from her prior condition.  If some years later the patient has another accident that results in the need for additional care, in my mind that should not serve as a discounted claim.  In fact, that claim should be worth every bit as much as any other injury claim.  However, adjusters refuse to see it this way on their own.

Red-Flag #5: Prior claims.

People who have formerly brought claims, even very minor ones are often treated worse by the insurance companies than first-timers.

Red-Flag #6: Medical treatment with one or more of the "Usual Suspects."

There are doctors in the State of Colorado that the insurance companies know as being "players."  Whether it is true or not, certain doctors get the reputation for being overly enthusiastic for their patients.  As a consequence, patients who see these doctors are viewed by adjusters as likely not being as injured as these doctors are suggesting.

Red-Flag #7: Medical care being orchestrated by attorneys.

This is probably a sound red-flag in that attorneys who orchestrate the doctors that their clients see really do a disservice to their clients.  It is so easy for the patient, his doctor and the lawyer to all be completely discredited by this completely avoidable mistake.

Step 2: How to Avoid the Red-Flag Pitfalls:

In a perfect world, if you know you are injured in an accident, doctors and emergency staff should be consulted at the scene and immediately thereafter.  Go to doctors you would regularly see.  If you are still in pain from the accident, do not allow large gaps in treatment.  Do not be pushed into seeking medical care or any other care because that is what your attorney wants.  In that circumstance, stick to medical providers you have seen before and replace the pushy lawyer. Always be honest with your doctors about the severity of damage to the vehicles involved (don't call a fender-bender a high velocity head-on collision, for example).  In fact, at all times be honest about everything. Honesty is the best policy and if you are perceived as honest and trustworthy, by and large you will be treated as such.

At ANDERSON, HEMMAT & LEVINE we can, in one complete and free consultation, evaluate your claim and identify any red-flags that an insurance adjuster may be getting hung up on.  We can also tell you how we will address those red-flags and make sure that they are not insurmountable obstacles to you receiving fair compensation for your injuries. 

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In a famous scene from the movie "Dead Poet Society", Robin Williams stands on top of his desk and then invites his class of teens to do the same.  He then exclaims: "I stand upon my desk to remind myself that we must constantly look at things in a different way."

I have to admit that I am a "desk-stander"-sometimes my own, sometimes others.  Before you write me off as insane, let me suggest that when looking for the best attorney to handle your family's important legal matter, I think you should consider a desk-stander.

In 18 years of trying cases in Colorado, there are certain indispensible desk-standing techniques I use to prepare for trial.

1) I Become My Opposition

In his treatise "The Art of War," Sun Tzu said: "To win any battle one must first know his enemy, and to know your enemy you must become your enemy."  I am a firm believer in this proverb. 

Because I focus on one area of the law-personal injury trial work-I have the advantage of seeing the same pool of 25-30 defense attorneys over and over again.  This allows me to observe and keep mental notes about the family lives, interests, work habits, and other important characteristics of each of these defense attorneys.

For example:

 I know a certain attorney who recently went through a contentious divorce and has a hobby of hot air ballooning.  When he is on a case, he will take the deposition of every doctor my client has ever seen from her pediatrician through adulthood.

I also know which lawyers have their own health issues, and thus, are more sympathetic to my injured clients.

I know which lawyers hate whiners.  Consequently, I prepare my clients not to sound like that when dealing with these particular attorneys.

I know which lawyers are willing to go all the way to trial and which will not.

I know which lawyers are disgruntled, overloaded, or dissatisfied with their lot in life.

I know which lawyers are looking to impress their bosses and are trying to move up the ladder at their firm and those who are on their way out and don't care at all. I definitely know who the lazy lawyers are and which ones will leave no rock unturned.

I even attempt to decipher what sort of relationship these defense attorneys have with their respective insurance company clients.

Before every trial, I spend a couple days trying to look at my case from the eyes of that particular defense lawyer. Sound strange? Think again. After spending one or two full days reviewing a file while wearing the opposition's hat, I not only understand how they will present their arguments, I also understand all of the weaknesses in those arguments.  I wouldn't dream of going to trial without first understanding my opponent and looking at my client's case from his perspective.

2) I Become The Judge

Before going into private practice, I clerked for a judge and thus remember a time when I thought the way a judge thinks. In order to effectively prepare a case for trial, it is essential to understand how the court will perceive the evidence.  Courts are consumed with their concern over fairness, leveling the playing field, and avoiding undue waste of court time.  I could have the most compelling story to tell the jury but if the judge has problems with how I go about telling the story, the jury will never be allowed to hear it.

Before every trial, I meticulously review my opening statement, witness questions, demonstrative exhibits, evidence, and even my closing statement, pretending to be the court and trying my best to play the role of the judge.  I would never think of walking into court without first going through this exercise. I find that "thinking like a judge" makes my presentation swift, purposeful and successful.  

3) I Become A Juror:

Days before a trial begins, I make arrangements with the court to have access to the courtroom.  With time alone in the empty courtroom, what do I do?  Do I test out my counsel desk and chair for comfort and ergonomic support? Check out the features on the podium? No. Instead, I get in the jury box and make it a point to sit quietly in a juror chair.

In every trial I have ever done, regardless how familiar I am with the courtroom and how many prior occasions I tried a case in that very courtroom, I spend at least an hour sitting quietly like a bored and uncomfortable juror would have to. I try to think like this juror would. I try to think about what she might think about my case, the defendant's case, and of course, my client.  These poor jurors are about to embark on at least a 30 to 60 hour ordeal.  The least I can do is spend an hour in their position.  For me, I think this habit helps me know how best to relate to these wonderful folks who take time out of their busy lives to perform their civic responsibility.  I also think it helps me to better understand how they view the testimony and the evidence.

__________________

Each of these exercises-changing my viewpoint (desk-standing) and channeling the opposition, the judge and the jury-ensures that I'll never forget how important my client's case is and how a lawyer must think "outside the box" to get justice for his clients.

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As you may have noticed, our blog entries have been written so far by Mr. Hemmat.  Don't get me wrong, Mr. Hemmat is a terrific attorney and a great boss, but his view is limited as it is from the top.  On the other hand, as the receptionist here, I have a completely different view of things here at ANDERSON, HEMMAT AND LEVINE.  My view is, frankly, from the bottom, and therefore a very unique view.  I think you may find the view from the bottom to be very interesting and insightful, so here it is.           

As the receptionist here, I have the privilege of talking with each and every client that either calls or walks through our doors.  Each person has unique hardships that have been placed upon them due to no fault of their own.  Some have been through horrific accidents that have nearly destroyed their lives; we recognize this and do our best to help them work through the ensuing emotional, physical and financial harms.  Other clients have been cast aside by their employers after being injured on the job.  Our firm's duty is to do our best to ensure that these clients are treated fairly and receive all the benefits they are due.  While a multi-million dollar insurance company is trying to cut corners and horde every last penny, ANDERSON, HEMMAT AND LEVINE cares about the people who have been injured and demands justice. 

When I started working at ANDERSON, HEMMAT AND LEVINE, I thought to myself 'what a somber group of people.'  At former companies it seemed that a lot of time was spent at the front desk, laughing, telling jokes and generally just killing time.  But here there is no time to kill because everyone is too busy working hard to resolve issues and problems for our clients.  Because ANDERSON, HEMMAT AND LEVINE actually cares about its clients, wasting time is not an option.  Though it took me a few days to adjust to this busy and demanding schedule, I soon realized that even though everyone here works very hard, there is definitely a relaxed and collegial atmosphere in this firm.  We very much embrace a team approach to our clients and everyone here is very helpful to each other.  Every day presents new challenges and new opportunities to help those unfortunate enough to require our help.

Although our office is only open during business hours, it is not uncommon for certain firm members to be here early in the morning or late into the evening.  On occasion, our attorneys have even met with a potential client on a weekend.  We've had attorneys fly all over the country to take depositions, all so that our clients get the best representation possible.  Our attorneys have met clients in the hospital, at home, or in the parking lot, because the client is too injured to journey to us.  Our firm does everything reasonable to make sure that our clients are happy.  We have a handful of translators on call for any language we don't speak.  Basically, ANDERSON, HEMMAT AND LEVINE takes the extra step to make our clients comfortable. 

Now, as Chad has mentioned before, we're not perfect.  But we strive for excellence.  Sometimes I get a call from someone that is angry for one reason or another.  Luckily, our firm members are able to deal with these callers efficiently and quickly, so that the problem is quickly resolved.  We understand that our clients are going through a very difficult period in their lives.

I am also in charge of maintaining the storage room where we keep closed files.  You may ask, 'why should I care about the storage room?'  Well, like I said above, I speak with every single client from the day they retain us to the day their case is settled.  I know quite a bit about their lives.  So once their case is resolved, if they have questions, I can quickly find their file or request for it to be sent from our offsite storage facility.

 Life at ANDERSON, HEMMAT AND LEVINE may be busy and hectic, but every member of our firm is dedicated to helping our clients.  We care about whom our clients are, what is going on in their lives, and how we can make their lives easier.  Whether a client is speaking with an attorney or the receptionist, each one of us will do what we can to make the client's life a little bit better.  While we can't solve all of a person's problems, we do everything possible within the limits of our representation.  Although each member's view of how things operate may be different, our end result is the same-getting justice for victims. 

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When my partners and I first founded ANDERSON, HEMMAT & LEVINE close to a decade ago, we had each already spent years in other firms and had a good sense as to what worked well and what did not.  Establishing this firm those many years ago was in reality our professional attempt to build a better mouse-trap. 

 Without having a name for it, our firm's unifying principles include a strong ethical and moral compass.  Additionally, each of us share a strong connection to people and recognize that the ability to empathize with our clients is paramount to the service we render.  This is a better "mouse-trap": the ability to put ourselves in our client's shoes and make honest and morally correct decisions.   Some folks refer to our approach of doing business as sticking by the "Golden Rule."  For us, it is just the way we do business - no qualms about it.  Today, many thousands of satisfied clients later, we continue the tradition, one well cared for client at a time.

 STRONG ETHICS/ HONESTY AND MORAL COMPASS:

I use the words "moral compass" a lot.  In fact, I probably over-use it.  To me there is nothing blurry or fuzzy about right and wrong.  An attorney, who does a responsible and professional job for his client, should be paid for the efforts that brought benefit to his client.  The more effort there is, the more benefit to the client, and attorney's fees should be paid in proportion.  But some attorneys think of this business as like roulette.  They regularly disregard their moral compass (if they ever had one) and figure whatever they get, regardless of their work effort, is justified.  It even has a name: "Jackpot Justice."  No doubt about it, this is very wrong. 

Attorneys ought to consider those occasions when they should to take less. When an attorney has brought little or no added value to a case, their pay should reflect accordingly.  It is attorneys themselves, not the Regulation Counsel or the courts, who should be the first to recognize those occasions and act swiftly in the best interest of their deserving clients.

You either have a strong moral compass or you don't.  Those who don't, have no place at ANDERSON, HEMMAT & LEVINE.

SERVICE TO THE CUSTOMER:

If you have ever flown over the Rockies you know that there will be some turbulence.  Even though I expect it, I still find comfort in hearing from the pilot that he is aware of the turbulence and that we should prepare ourselves for it.  Not only does this communication prepare the unsuspecting, it also lets us know that he, the pilot, recognizes and appreciates the challenges ahead and is confident in approaching those challenges.  I don't know if this necessarily makes him a better aviator, but it certainly puts me at ease to know that I am on a plane with a pilot who is confident, communicative, and caring.  

When people get injured and are forced to take the intimidating step of hiring a lawyer, we recognize how daunting that experience can be.  Though a person may take a hundred or more commercial flights in their lifetime, those who hire a trial lawyer are likely to do so only once.  Consider that in a routine two hour flight a good pilot will make as many as ten or twelve contacts with his passengers.  Those communications will be from the routine, "we are approaching our destination" to the very important "please fasten your safety belt for turbulence ahead." 

Just as in aviation, communication with your attorney should be regular and continuous.  I have always felt it matters very little how extraordinary our legal services are if the client is not kept informed of what is happening in the process. Unfortunately, I hear of attorneys who fail to ever pick up the telephone or write a single letter to their client even though the claim may take years to resolve.

We find that outrageous and intolerable. Our job is to communicate. Communication is our stock and trade.  At ANDERSON, HEMMAT & LEVINE we take the aviator approach of regular and continuous communication. Not only will your calls and questions be answered by your lawyer, but you should expect to hear from us frequently.  Does this make us unique? Sadly, yes.  But we believe it is better for our clients, and we know how much they appreciate our efforts.

THE GOLDEN RULE:

As a child, I recall witnessing my own mother suffer the effects of two consecutive automobile accidents.  Neither of the accidents were her fault, but the insurance companies made her feel like the guilty one.  She was forced to hire an attorney to get the insurance companies to pay her mounting medical bills, and I went with her to meet the first one.  I don't remember his name; he was not very impressive and looked nothing like the cool attorneys on T.V.  But my mom thought he was okay and she hired him. 

I remember her disappointment when months went by without news from that lawyer.  Eventually her anguish and despair overcame her and she finally yielded to the prospect of having to look for another lawyer after she spent so much time trying to get "Mr. Unimpressive" to return her calls.  Great relief came once she finally found a good lawyer.  He didn't look like Spencer Tracy or Raymond Burr, but he worked hard for my mom and eventually he got the got the insurance companies to do what was right.

Observing how these professionals' actions and inactions affected my family truly was a major life-lesson for me. I think it was at that point I knew I had to become an attorney too.   The calling of a lawyer is to build communities based on the rule of law.  Our actions have a ripple-effect throughout families and communities, and thus we must strive to have our professionalism inspire the next generation.  Hopefully by so doing, our actions will change deep seated views formed by past experiences with slothful attorneys.   

We require our attorneys to treat our clients as they would want to be treated.  We expect our staff to remember who our clients really are: mothers, father, brothers, and sisters.  We never forget how important these legal issues are to our clients, their families and their communities.  With our years of conducting our business with this mind, it is little wonder that we have represented multiple generations of countless families.  Being referred by one family member to another is a source of pride for us and when it happens we know we are doing it right.

We believe we are using a different kind of 'mouse trap' and it makes us different.  We know it casts a large shadow over other law firms and hope it helps start a trend of a new and improved way of practicing law.  Our goal is simple: create goodwill amongst our satisfied clients, and change the sour reputation our profession has, one satisfied client at a time.  

That is our business - and business is good.

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