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This article is not intended to discourage the reader. Actually, quite the contrary.  The premise of this article is that by not conforming to the expectations of the insurance company, you will be in a better position to control the ultimate outcome of your claim.  To fully appreciate this logic, you should first understand what the insurance company expects you to and why they are so certain you will do it.

In Colorado, less than half of one percent (.05%) of all injury related accident claims actually end up in trial.  Everything else settles.  The natural question is whether these settlements are fair and adequate to compensate the injury victims?  After all, they must be tempting enough that most people are choosing to take what is being offered by the insurance company, right?  Actually, the answer is usually no.

Settlements by the insurance companies on average do not fully pay back even the medical expenses, let alone paying anything toward future medical needs, permanent physical injury or pain and suffering.  In fact, most injury victims report that after settlement they are still in debt for having gone through the ordeal of the injury accident. So, if settlements with the insurance companies are not lucrative, why do so many people settle instead of taking their shot and going to trial?

A)   Why Their Offers Are So Low, and Why They Know You Will Settle:

1)   MOST INJURED PEOPLE DO NOT HIRE A LAWYER:

Ok, before you stop reading and tell yourself this article is designed simply to convince you that you need to hire a lawyer to resolve every injury; please keep reading. That is not my point at all. You do not need to hire an attorney to settle your case. That is a matter of personal preference.

However, not hiring an attorney Red Flags to the insurance company that you are not prepared to file a lawsuit. It further projects that you are ill-prepared to take your case, if a settlement offer is inadequate, to trial.  In fact, not hiring an attorney virtually assures the insurance company that you will have to take their final offer.  You simply don’t have any ammo.

Please note that we are often hired by clients, late into their case, often after they receive a woefully inadequate settlement offer.  But, those people who hire lawyers late are well in the minority.  By that time, most are worn down with increasing expenses and unpaid bills pressuring them to settle immediately.  In these cases, people settle for what the insurance company says is their “final offer.”

2)   WEAK LAWYERS:

I’m not personally attacking other lawyers. But, often lawyers who dabble a little in representing injury victims, while juggling the demands of other clients like divorce cases, criminal cases, and perhaps business related cases, generally lack focus to really stop everything in their professional life, and proceed to trial on a car crash injury case. They are not weak if they focus. They are weak because their business model will not allow them to take your case to trial.

The problem for the injury victim is that the insurance company treats weak lawyers all the same. A lawyer who is incapable of finding the court house, is given no less respect than and attorney who knows how to try a case, but won’t try your case. Weak is weak.

If the insurance company knows your lawyer won’t go to trial, they know you will ultimately have to settle for whatever low-ball offer they decide to stick at.

While some general practice lawyers are tenacious in the courtroom, most are not. The insurance company knows who will go to trial and who will not. We believe that makes a difference in how insurance companies treat the clients of these various types of attorneys.

Remember the insurance company will never offer in settlement more (or anywhere near) what they think a jury in court will give you. Certainly, if they are convinced your lawyer won’t try your case, settlement offers most assuredly will be low.

3)   TIME IS THE ENEMY:

Insurance companies are the heavy weight champions of procrastination.

The longer the insurance company can delay in settlement, the longer they keep you at bay. What happens when they delay in resolving things with you? The short answer is nothing good for you, everything good for them.

Delay leads to injured people giving up on their claims.  Delay leads to people having a second or a third injury of some sort that can make recovery from the insurance company even less likely.  During delays by the insurance companies, sometimes people get so financially destitute that they get their house foreclosed on and their cars repossessed.

Delay by the insurance company can lead to desperation. Desperation leads to the taking of low-ball settlements. They know it. That is why they do it.

B)   What Can You Do To Avoid Being One of the Minions?

First, learn from the patterns above. Don’t go without an attorney representing you, unless you have a lot of time on your hands to study your rights, and learn how to try your own case.

Next, when you hire an attorney, avoid attorneys who never try cases. The insurance companies know who they are, and you need to stay clear of them.

Lastly, control the time the insurance company has to ponder the value of your case. Submit your demand in writing, give them the medical records and the bills, and provide them a 30 day time period to respond. However, be prepared to file the lawsuit on the 31st day, unless the adjuster has a darn good excuse for why more time is needed.

Starting the lawsuit is one of those things that puts time and control back on your side. After a lawsuit is filed, there are still many opportunities to settle your case. But, under these circumstances you are more in control. You dictate the pace, and you have shown yourself to not be one of the minions. This approach takes the insurance company out of their comfort level and often causes them to re-examine their prior offers of settlements. Good for you, bad for them.

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Conclusion:

Don’t let the insurance company re-victimize you with a low-ball offer. Stand up for your rights. At ANDERSON, HEMMAT & LEVINE we have a proven track record of trying cases, insurance companies know that and so should you.   Make no mistake, in this battle with the insurance company if you have no ammo they will call your bluff every time.   

We don’t believe in believe in bluffing, we believe in preparation.

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As we continue our series, this week we will consider variations of Rear-end collisions. These “rules of thumb” are sure to surprise some of our readers. 

I)    REARENDED by a Co-Worker = O.K. Work  Comp Case / No Case Against the Driver

Surprise! Generally rear-end cases are easy open and shut, however, Workers’ Compensation exclusive remedy kicks in to keep co-employees from suing each other if you were both driving for your work for the same company.  You certainly still have a good Work Comp claim, so you will want to talk to a good attorney who knows what they are doing and can take your case.

J)    REARENDED by a Subcontractor of Your Employer = OK Work Comp Case / Great Case Against the Driver

No problem. The exclusive remedy provisions of Work Comp don’t apply to this type of case. You have a good Work Comp case and a good separate case against the driver and his auto insurance company, perhaps even the company he was working for at the time.  When finding an attorney for this crash, you need to find a firm well versed in both motor vehicle injury accidents and workers’ compensation.

K)    REARENDED by a Contractor of Your Employer (who is the subcontractor) = ok Work Comp Case/ No Case Against the Driver

Surprise! It’s weird, but because our laws say so, if you are on the job for your company that is a subcontractor and an employee of the General Contractor rear-ends you then the exclusive remedy provisions DO apply and your only actual case is with Workers’ Compensation.  This is only true if both you and the other driver were driving for work purposes at the time of the crash.

L)    REARENDED by a Vehicle on Slippery Roads = Usually Bad Case

Surprise! These accidents tend to be lower velocity lower levels of property damage and most jurors have sympathy for the poor bloke sued for slipping and sliding on a wintry day.

M)    REARENDED by a vehicle due to sudden onset of illness or unconsciousness by other driver = Real bad case if they can prove it was SUDDEN onset and not a neglected condition. Great case if it was medical neglect or non compliance.

A sudden health malady that causes a driver to lose control and crash is a complete legal defense against anyone claiming injury from the occurrence. Meaning, if this really happened that way, you lose. Bad case! However, what often looks insurmountable is may actually be a case of outrageous and gross negligence in disguise.

In my entire professional career I have never seen a case of SUDDEN medical condition.  With investigation it almost always turns out that these “sudden onsets” are actually conditions that that the negligent driver knew about for years and ignored.  This fact will quickly turn an un-winnable case to a completely winnable case.   For instance, not taking high blood pressure medication you were prescribed, not taking your seizure medication, or not eating when you know you have hypoglycemia are all examples of gross negligence. Whoever gets injured by these folks have great cases.

N)    REARENDED by a Driver Whose Brakes Suddenly Failed = Bad Case if it was Actually SUDDEN.  Great Case if it was Long Term Maintenance Neglect.

These cases are similar to the sudden medical condition cases, in that often there are plenty of warning signs to the driver of the impeding danger. So, if the brake failure was sudden and not foreseeable, it serves as a complete defense. Meaning, you lose and get nothing.

At the risk of sounding cynical, I again have never seen a “sudden brake failure” be the reason for any accident with any of my clients.  With a bit of investigating, these cases have always turned out to be gross neglect of proper vehicle maintenance.

With this fact, you can take a case on life-support, add punitive damages and take the Defendant to task for so poorly neglecting proper maintenance just by investigating the condition of the vehicle. Jurors hate people who neglect their vehicle so bad that they hurt other people. With the right love and attention these are great cases.

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At ANDERSON HEMMAT & LEVINE, we understand these nuances and work hard to investigate each claim properly.  By digging below the surface of a claim we have found more than one very good case turned away by other attorneys.  Please call us today to discuss your case.

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This week we continue our series divulging trade secrets of personal injury attorneys.  These “rules of thumb” used by attorneys are sure to continue surprising you.

D)    SLIP AND FALLS/ grocery store= Generally Bad Case
Juror perceptions are that most “slip and falls” are the work of con-artists.  Getting good witness information, immediately reporting the fall and filling out an incident report with management, and taking pictures of what caused you to fall are good ways to help overcome this perception.

E)   SLIP AND FALL/ private residence= Really Bad Case
Surprise! There is no jury appeal in suing grandma for not shoveling her walkway quickly enough after a storm.  We live in Colorado and most jurors expect there to be snow and ice in the winter.  “At your own risk” generally applies to these type of cases.

F)    HIT BY A DRUNK DRIVER leaving the bar= Really Good Case
Jurors rightfully hate drunk drivers. These cases against drunks are hands down our favorite.  If ever there was a “bad guy,” it is the drunk who got behind the wheel and ruined someone’s life because of his/her selfishness.

G)    PUNCHED BY A DRUNK after leaving the bar= Really Bad Case
Surprise! The drunk’s liability insurance won’t cover the injury because it is excluded conduct under most insurance policies.  Also, people (drunk
or sober) who punch other people tend not to have anything to lose.  Sure, you could sue the drunk personally, but you would likely receive little monetary recovery. 

H)    HIT BY A TRACTOR TRAILER= Generally Great Case
Interstate trucking is one of the most regulated areas of law. However, drivers rarely follow the safety rules required.  Frankly, I have never taken a case against a truck driver and not discovered numerous violations by the trucker and the trucking company. The thing that makes a great case versus a good case is TIMING.  The company can purge their records (your evidence)  6 months following the collision. So victims need to find the right lawyer quickly.

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Stay tuned next week for more of the Calculus of Personal Injury as we continue to explore the “rules of thumb” used by many attorneys.  At ANDERSON HEMMAT & LEVINE, we want our clients to be able to make the best and most informed decision.  Call us today to discuss your case.

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Lawyers can certainly become creatures of habit and as such get comfortable in their routine. Auto accident injury victims hire lawyers with an expectation that they will thoroughly investigate these accidents.  Often, lawyers who think they have seen it all, make assumptions about how things probably were instead of actually investigating.  A specific area of investigation that all too often is not thoroughly investigated by some attorneys is: “What was the purpose of the at-fault driver’s trip?”

 A.   The Law:

If a company puts an employee on the road, and that employee causes an accident, then the company is legally responsible for the damages caused by that employee.  This responsibility is promulgated through various doctrines of law including: respondeat superior liability, vicarious liability, and perhaps even negligent entrustment.  Finding out the purpose of the at-fault driver’s trip is critical to maximizing an injury victim’s recovery.

If a driver is on his own time and causes an accident, then that driver’s auto insurance is responsible for the losses. But if a driver is on a task for his employer then at least two insurance policies are in play: the personal auto policy and a company commercial policy. Two policies mean more opportunities for fully compensating an injured person.

 B.   Specific Example:

Recently, a father of two received significant and permanent injuries in accident with a 19 year old driving on a suspended license. The good news was that the boy had his mother’s car and she had $100,000 of insurance coverage. The bad news was that $100,000 was insufficient for the extent of injuries the man suffered. The accident happened at around noon. Further investigation revealed that the boy worked part time at a tire shop. The shop was several miles away.

Without further investigation, the story many attorneys would tell themselves is, “a 19 year boy, with a suspended license? Our injured guy is lucky the 19 year old was driving his mom’s well insured motor vehicle. Let’s just take $100,000 and be thankful.”   In fact, that was just such the advice our client received from a lawyer before he hired us.  

However, while the boy was a 19 year old with a troubled driving record, there was more to the story.  Our further investigation revealed that the teenager was working at the time of the accident. This19 year old worked part time for a tire shop. On that particular day, the manager asked their young employee to take his car (actually his mother’s) and go pick up a tire from another tire shop. In fact, when the teenager took the right a way from our client he was on his way back to the shop with the tire. While getting $100,000 is often nice, upon investigation we located a million dollar additional policy.

There was nothing fancy about our research methods, just good old fashioned hard work. We asked questions, followed leads and didn’t let “what probably happened” get in the way of our investigation.

 C.   Conclusion:

If your lawyer is not willing to fully investigate all the possible means of recovery for your accident, consider making a switch to an attorney who is willing to ask the right questions and do the hard work.

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At ANDERSON, HEMMAT & LEVINE, we look forward to the opportunity to work hard on your behalf, by asking the right questions and doing the proper investigation to maximize your recovery.

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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.

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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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In the 1960's, professional offices looked professional.  In recent days, the invention of Dockers and the advent of "business casual" has resulted in a less professional feel to most offices. Moreover, because Colorado is a generally younger, outdoorsy, and athletic population, it is often hard to find businesses with a dress code anymore.  In fact, in the 1980's it became commonplace to find lawyers advising clients in jeans and a t-shirt.

If you think it is appropriate for your attorney to wear tennis shoes and a t-shirt while advising you or your family regarding your serious injury issues, we are probably not the right law firm for you.  At ANDERSON, HEMMAT & LEVINE, we insist that our office staff and attorneys dress professionally.  Our lawyers actually wear suits.   The "look" of our office is highly professional.  Frankly, we think this professional approach to the practice of law results in real differences both in the way our clients are treated by the insurance companies as well as how juries react to our cases.  To us, it would be hypocritical to tell a jury or defense counsel that our clients' injury case is important, while at the same time presenting less than professionally in our personal attire and appearance.

Think about it.  There was a time in America when lawyers and CEO's were highly esteemed. CEO's lost respect because of corporate excess and greed, and lawyers are now compared to used car salesmen.  We, as legal professionals, can blame ourselves for that.  At ANDERSON, HEMMAT & LEVINE, we feel we are restoring the public's perception of attorneys one client at a time.

But, it isn't just the dress code that signifies our professionalism.  There are other little things you will notice as well.  Have you ever entered an office and stood in front of an empty reception desk, unable to get anyone's attention?  Have you ever sat in an office and heard loud outbursts, expletives, or generally unprofessional banter?  Have you ever met with a professional who thinks nothing of incorporating foul language into their normal business conversation? 

Surprisingly, I have experienced every one of those things in other attorney's offices.  Granted, no one is perfect, but at ANDERSON, HEMMAT, & LEVINE, we are cognizant that we are representing our clients at one of the worst times in their lives.  We do not view our job as an opportunity to behave as if we worked in a locker room.  I will not tolerate this behavior in professionals that I hire for my own personal matters, and we do not allow our office staff to behave unprofessionally.  We know that the standard should be higher for us as your attorneys.  

When you walk into ANDERSON, HEMMAT & LEVINE, you will always be greeted by our professional receptionist.  Our staff presents, dresses and acts to the highest professional standard.  You will never hear gratuitous foul language or find yourself waiting in the reception area alone.  We have created an environment that we feel is optimal for attorney/client interaction.  We make no apology for being professional.

We agree this approach makes us look different.  Spend some time getting to know us and you will know why that difference is important to you.  At ANDERSON, HEMMAT & LEVINE, we aredifferent and our results prove it. 

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There is a notion amongst many attorneys that the practice of law today should be no different than it was twenty years ago or even five years ago.  Think about that for a minute.  Twenty years ago you would have been hard pressed to find a law firm that had a fax machine.  Ten years ago, most attorneys didn't know what the World Wide Web was let alone have a web site.  Even just five years ago, most attorneys thought BlackBerries were just for making jam.  To us, it is ignorant to think the way we practice law should stand still while the rest of civilization evolves.

Today's average juror has probably watched hundreds of hours of "Law and Order", "Dateline", "CSI", or any number of other shows which try to depict the justice system in a half hour sitcom.  They will probably even remember watching OJ's glove not fitting, the trial over where to bury Anna Nichole, and Scott Peterson's death row conviction.  Make no mistake, these T.V. shows constitute the average jurors education about the way the justice system works, no matter how unrealistic, dramatized, or  sensationalized the T.V. producers make it out to be. 

A juror expects to be captivated, entertained, and mesmerized by the evidence we present to them at trial.  Even though jurors show up for duty with these expectations, real life just isn't that sexy, dramatic, or quick.   If an attorney fails to meet these expectations, he will likely lose the both the juror's attention and his client's case.  Today's jurors are too quick, too smart, and too busy to slow down for the country charm and style of Matlock.

When these issues are discussed amongst my colleagues I regularly hear them say, "Well, we still try cases the same way. It works ok for us. And you know, if it ain't broke, don't fix it."

I couldn't disagree more with that sentiment. Consider this: Have you ever heard anyone use the expression "If it ain't broke, don't fix it" who wasn't trying to justify mediocrity? The statement is the pure definition of mediocrity.

A lawyer who uses this expression is actually saying: "I am a bore in the courtroom. I know it. I bore the judge, and I bore the jury. I get very marginal results in court, but I refuse to change. In fact, I fear change and would much prefer simply staying mediocre." Does that sound like anyone you would want championing your case? Well we don't think so either.

Our expression is "If it ain't broken - Break it!"

Some of the many ways in which we differ from other attorneys include: we video tape all depositions, we use our own in-house media studio to record and analyze focus groups for every major case, we utilize state of the art computer animations on PowerPoint, our exhibits are lively and interactive, and we use experts who get out of their chair and teach and engage the jury.  To say the least, our tactics frustrate defense attorneys to no end and we captivate jurors every time.

By way of example, I recently represented a client at trial and was questioning his surgeon about the cortisone injections my client had received in his spinal cord.  On paper the procedure sounds routine and uneventful.  In reality the procedure can be painful and frightening.  To demonstrate what my client went through I had the surgeon pull out the 8 inch needle required to complete the procedure and use me as a model bending over the table in the correct position so he could show the jury exactly where in my clients back he inserted that 8 inch needle.  Having the surgeon get off the stand, pull out that monstrous needle and demonstrate the procedure captivated the jury better than any testimony from stand could have ever done.  Yes, the opposing counsel objected but even the Judge was so captivated that he allowed the demonstration.

We were one of the first, if not the very first, law firms in Colorado to produce videos for our settlement conferences detailing the differences in our clients before and after their injury. Our productions look like a "48 Hours" series and help insurance company lawyers and adjusters understand the impact of the injuries on our clients and their families.  In fact, these productions have become so successful that we have helped create an entire industry of companies who now produce these types of videos for other law firms. 

At ANDERSON, HEMMAT & LEVINE, we have never been afraid of change. We find excitement in the challenges of staying on the cutting edge. We understand and accept that we cannot try a case like we did even 5 years ago. Our audience (the jury) expects us to stay sharp in our presentations. We recognize how important it is to our clients that we continue thinking outside-the-box and continue to be innovative. We feel "if it ain't broken", then it is our duty to our clients to break it.

Give us a chance with a free consultation to show you how much of a difference our unique approach to practicing law can make in your case.

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There is a look in the eyes of people who have recently experienced a life-changing catastrophic injury.  But that "look" is not in the eyes of the victim of the injury.  He or she usually appears remarkably adjusted to a very recent and extraordinary life-altering event.  The "look" of which I speak is in the eyes of family members of that injured person.  The family member may be a spouse, a long-time girlfriend, or the parents of the injured person.  Their eyes reveal a combination of fear and desperation, but also, a sense of determination and an unwillingness to give up. My first conversation with these family members usually involves them talking about how much worse the accident could have been.  These family members demonstrate an amazing will to survive, and even thrive, in the face of the most desperate and hopeless of circumstances.

When I or any lawyer in my firm talks to these loved ones, we follow three simple rules.  These rules were not taught in law school, and I certainly have never found them in any law book. In fact, these simple rules have nothing to do with expressing pity, or even sympathy.  These simple rules are as follows:

Rule # 1: Answer every single question a family member asks as directly, honestly and succinctly as possible. These people have no time for lofty promises or suggestions of remarkable physical recovery.  They also do not need us to vent angry commentary at the at-fault party who left their loved one in this situation. What they need is answers. Those answers need to be direct and in plain English. 

Rule #2: Take the time to answer every single question. If that takes two hours or four, we consider it part of our job. We will never cut these meetings short because of our schedules.

Rule #3: Never pressure the family to retain us.  A hospital room meeting is definitely not the right time for that discussion.  For reasons I really do not understand, we seem to be the only law firm who sticks to Rule # 3.  Because of that approach, we routinely receive a call on some later date from the family member, or the injured person herself, asking for our help. Our approach makes us stand out, but it is also the only respectful way to treat people.

If you ask these families why they eventually hired ANDERSON, HEMMAT & LEVINE, we expect you will hear "they were the only lawyers that answered our questions directly, took the time with us, and didn't pressure us to sign anything."

The above three rules have their foundation in the moral compass that my partners and I share.  We know that there is a way to be professional and objective, yet still sympathetic, to the catastrophic losses of those we counsel. For us, this is the only way to do business.

The average experience of the typical injury victim hiring the usual personal injury attorney is unsatisfying. We know this because nationwide studies have documented it.

Let me begin by emphasizing that there is nothing average, typical or usual about Anderson, Hemmat & Levine. So what makes Anderson, Hemmat, & Levine so unusual?  Instead of giving you one answer, we will give you three:

1) AT ANDERSON, HEMMAT & LEVINE, YOU HIRE ATTORNEYS, NOT SECRETARIES:

It's no secret.  Many law firms delegate all or nearly all client representation responsibilities to secretaries or paralegals. How do you know if that is happening to you? Here is a test. Call your lawyer. Tell him you would like a call back to discuss your case status. If a secretary or paralegal returns your call, guess what? Yes, I am sorry to tell you that it is likely that the "lawyer" handling this most important case for you never went to law school, may not have finished college, and is actually a secretary. Scary?  You bet! Sadly, clients just accept and even expect their matters to be delegated.  While clients continue to report their dissatisfaction in nationwide polling, they seem not to do anything about it.

At Anderson, Hemmat & Levine, we have lots of great secretaries. However, we keep them busy being secretaries. Attorneys represent clients at our firm. If you call for a status report at our firm, you WILL talk to your attorney. 

2) WE GO TO TRIAL.  DEFENSE LAWYERS KNOW IT AND RESPECT US:

It's no secret.  Many law firms have a business structure that prevents them from actually getting in the courtroom. They operate with so few attorneys and so much volume that they never intend on taking a case to court. The case WILL be settled because there simply is no choice.   It's true.  They WON'T  try your case! It is like a lion without its teeth or a boxer without a right hook. The problem is that the insurance companies know which law firms go to trial and which ones do not. The insurance companies know which firms have legitimate trial lawyers and which ones are forced to take their low-ball settlement offers.

Anderson, Hemmat & Levine has an entire litigation department and tries case after case, year after year. Defense lawyers and insurance companies know it. They respect us and know that in trial they are in for a huge fight. They even, on occasion, refer our firm to their friends and family.

3) OUR PARTNERS COME TO WORK:

It's no secret.  Most of the talking heads you see on lawyer television advertising do not keep regular business hours.  They are retired and currently are sitting on a boat somewhere near St. Barts. Twenty years ago, perhaps they were active in their law firms.  Now they just check in from time to time.

At Anderson, Hemmat & Levine, our partners are in the office every business day. We feel it is important to assure the quality of the legal work we provide.

Come see us for a free consultation and compare us to the average, typical and usual. We bet you will see the difference.

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In an earlier blog, I detailed the importance of the first call to the law firm. Assuming a series of successful first calls, you should now have two or more firms that still interest you. The next step is to visit prospective firms. When you do that, I suggest you create a mental checklist for the experience.

Visiting law firms is a critical part of the selection process. The expression "seeing is believing" has no greater meaning than when it comes to your visit to a law firm. Everything in this process has a meaning. When you see these various law offices and meet law firm personnel, these are the same experiences that the insurance adjusters, their lawyers, and other clients are seeing. An attorney's presentation affects which attorneys are tested by the insurance companies with trials verses which attorneys are offered good settlement offers. The office and the staff also help establish the attorney's reputation for success. I suggest that as you attempt to figure out which firm is the right fit, you should create a mental checklist to gauge those experiences. A checklist can be an invaluable tool in choosing the right firm.

There are rarely diamonds in the rough when it comes to the correlation between the presentation of the office and the lawyer in charge. As a rule, the appearance of the attorney's office reflects the quality of the attorney. In fact, you should consider everything you see (good or bad) to be a reflection of the lawyer you are considering hiring.

APPEARANCE OF THE OFFICE:

A law firm that is unkempt or messy suggests a lack of attention to detail on the part of the attorney. A law firm that looks like they just moved into their office, with a paper sign and things still in boxes, projects a lack of consistency or establishment. Cheap furniture and minimal décor reflect an attorney who is not going to spend what he should on experts and reports to maximize client recovery, nor will he go all the way to trial. Trials are expensive and cannot be done "on the cheap." This type of attorney is going to invariably sell your case short. A clean, well-organized, appropriately arranged office projects that the attorney has that same attention to detail in his legal work.

STAFF:

Angry, or even bickering staff, means a law firm in disarray. Any unprofessional outburst during your visit suggests poor management. Seeing staff members walking around projecting dissatisfaction or outright hostility towards other staff or clients is a sure sign of deep-seated fundamental problems in the survivability of the firm. Staff with poor hygiene, wearing shorts or jeans, joking and laughing, and a general lack of office decorum projects a general lack of professionalism that you can assume goes all the way to the top. Does the receptionist greet you warmly? Are you promptly given intake paperwork to fill out? Do they give you a pen and a clipboard? Do they seem to know what to do with you after the intake paperwork is completed? Do they move you into the conference room promptly for your meeting? And of course, does the attorney start that meeting without making you wait too long? Every one of these items should be on your mental checklist when considering the retention of your new attorney.

NON-STAFF IN THE OFFICE:

When you enter the office, look for what appears to be a healthy mixture of opposing party's attorneys, current clients, court reporters and other activities that reflect that the firm is in the midst of litigating cases. You do not want your new law firm to be just a settlement mill, where they simply warehouse and settle cases without any real attorney activities occurring. But pay attention to any other unfolding dramas. For example, nothing is more telling as you walk into the office than to see an angry current client screaming at the receptionist. How are current clients being treated by the staff? When people call, are they getting to talk to the attorneys in the office? Or are you hearing the receptionist give a series of explanations to various callers as to the unavailability of the attorneys? Listen to how often the callers are being offered voice mail. Voice mail is useful. But you want a professional relationship with an attorney, not his voice mail. Are there private client matters being discussed openly among the staff? Settlement paperwork being signed in the reception area is a big "no-no." Client matters must always be kept confidential even when it comes to settlement paperwork. Do the firm members have smiles or frowns on their faces? An unhappy law firm makes for unhappy clients. All of these experiences, both sights and sounds, need to be placed on your mental checklist.

PERSONALITIES:

If you finish your meeting and think to yourself, "this firm seems like a decent firm, but I know that lawyer (receptionist, paralegal, whomever) and I are going to come to blows," do not hire that attorney. In fact, a first meeting is like a first date. If, despite putting their best face forward, you still hate the personality of the receptionist, the lawyer is rude, or the staff seems unprofessional, do not hire that firm. Remember, the first impression is important. You are not going to like these people more in your second or third encounter. In fact, you will invariably like them less in these subsequent meetings. So cut your losses and keep looking for a better fit. Keep setting meetings with law firms until you find one where the experience was completely satisfying. You are entitled to be completely satisfied with location, parking, and the personalities of the office staff. All of these things need to be right for you before you hire an attorney. There are plenty of attorneys out there. You should resolve not to hire a firm until you feel completely comfortable.

Of course, I wrote this blog because I feel we score pretty high on this checklist and would encourage you to give us a chance to be that perfect (or at least near perfect) fit for you. We always provide a free consultation and we invite you to apply this checklist to your experience with our firm on that first meeting.

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Attorneys spend millions of dollars advertising to make the phone ring. But when it does, it is surprising to me how rude, uninformed, rushed and unprofessional law firms can be. I have spent 18 years representing victims of injury accidents. This blog fulfills a longtime promise that I made to many of my clients, past and present, to chronicle some of their worst experiences dealing with other law firms, before they found us.

Here goes:

You call the law firm. The telephone rings, 6-7-8 times before a very rushed, very rude person answers and rattles off a law firm name that is incomprehensible. You start to explain your story – she puts you on hold. She gets back on the line minutes later. Now, it is obvious that she has forgotten who you were. You start again-only to be put on hold, again. She gets back on the phone and tells you that you will NOT get to talk to an attorney, but she will put you through to some secretary or paralegal. Next, you find yourself talking to yet another rude, rushed person. You, at least for the third time during this call, feel like you are bothering them with your case. This person interrupts you, makes you feel insignificant and tells you after a brief exchange that ”someone will get back to you.” You wait an hour- two – three, if you are lucky, and then you get a call. Now, this person is even more rushed, and rude. He identifies himself as an attorney. You ask a question about your situation. He does not answer it directly, but instead says “well, come on in and let’s talk.” You ask what is the deadline for filing your claim? Again, not a direct answer but instead he responds, “so, can we set an appointment?” You ask him how often his firm handles cases like yours? He responds abruptly by saying “so, you are not wanting to set an appointment?”

Does the above sound at all familiar with any recent experiences you might have had with a law firm? I hope not. I am at a loss how these law firms get any clients to come in after such a horrible display.  Yet, my clients tell me about these sorts of experiences with their first call to other firms, all the time.

I am not here to say that we at ANDERSON, HEMMAT & LEVINE are perfect. But, we know that YOU NEVER GET A SECOND CHANCE TO MAKE A FIRST IMPRESSION. 

Furthermore, I can show you a bad law firm with substantially unsatisfied clients, miserable employees and poor management and I never even have to meet the attorneys. Give me 20 minutes on the telephone with their staff. On that alone, I can tell you what is happening with the firm. See, lawyers, like doctors, generally view themselves as above all this “business and customer satisfaction” stuff. After all “we are LAWYERS!!” BUT, THEY ARE ALSO DEAD WRONG. Our firm was the first in Colorado, MAYBE EVEN IN THE COUNTRY, to send out CONFIDENTIAL CUSTOMER SERVICE SURVEYS to our clients. Why do we do this? Because we care about our client’s view of us and want to learn if there is anything else we can do better. Do we even sound like law firm? Well, good I hope we don’t. Simply stated, WE WANT TO BE BETTER THAN YOUR OLD LAW FIRM.

Let me give you an example of how that first telephone call is different at ANDERSON, HEMMAT & LEVINE:    

Our receptionist, who has been with us for more than 6 years, has absolutely no responsibilities in the office other than to answer your calls, listen and try to help. Furthermore, you will never be directed to a secretary or a paralegal during the intake of your case. Attorneys are ALWAYS available to talk to you on your first call to our office, and thereafter. Our attorneys WILL answer your questions straight. Our attorneys are not clock-watchers. They are paid a salary and are not required to bill their time. So, they will not rush you through the call. They will be respectful and polite. Lastly, we are not car salesman and WILL NOT high-pressure you to come see us. 

Make the decision to visit an attorney based on your experience during that first call. Please consider calling us and other law firms. And, of course we always provide you a free consultation.

One last thing, we always want to know how we are doing. If you ever have a problem with an experience at my firm, feel free to give me a call, personally. My cell phone number is 303-912-2223. I think you will find that ANDERSON, HEMMAT & LEVINE is a different experience entirely from other law firms, and you will notice it from the first call.

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If you have been following this blog, you might start thinking that I do not have a high regard for other attorneys who practice in the area of personal injury in Colorado. Actually, that is not true. I think there are a number of very dedicated legal professionals working hard for their clients. However, after eighteen years of practicing law, I have certainly run into my share of lazy, unmotivated and uncaring lawyers doing their clients a disservice. Usually, I learn the most about other lawyer’s actions (or inactions) when the client fires that lawyer and brings their case to me.  Accordingly, what sticks out most in my mind are the acts of not-so-good attorneys who do a disservice to our profession and to their clients.  Accordingly, I am very comfortable sharing a great question you can ask your personal injury attorney that will reveal a lot about whose “best interest” they plan on representing.

First, here is the question that should reveal all:

Question:     “Once settlement is reached, how often do you find yourself filing actions in court to get a judicial ruling on the reasonableness of doctor or hospital charges?”

I have just given you the secret handshake which will reveal the quality and level of commitment that your lawyer has to, what should be his number-one priority, you.

As innocuous as this question might sound, the answer will tell you everything. The reason this question is so important, and the answer reveals so much, is because of the way truck and auto injury accidents have been adjudicated under Colorado law since the law changes of July, 2003.

Since July, 2003, a person in an automobile collision is completely on his own to get medical and rehabilitative treatment. Injured people with health insurance will have their care paid for through their insurance. People without health insurance are forced to go without care, or secure agreements with either doctor’s offices or medical lien companies to get their treatment provided. Whoever is advancing the payment of your healthcare, whether it is an insurance company or a doctor who is providing care on a lien; on settlement of the injury case, there will be an obligation to pay these providers. When health insurance is involved this is called a “right of subrogation.” When hospitals seek their billing being paid back it is call a “hospital lien.” When a doctor wants his treatment paid after a settlement occurs, it is called a “claimed right of interest.” The bottom line is, that once an injured person settles his/her case, it is really only the beginning of everyone’s hands coming out to get paid.

At our firm we say ”it isn’t what we settle for that is important, it is what our client gets to keep that makes a difference.”

Now, with that history, I need to explain how lawyers get paid. If the lawyer settles the auto accident claim against the at-fault party’s auto insurance, he will take his contingency fee (usually 33-40%) right off the top. If the settlement is, for example, $50,000.00, after the attorney fees are paid there will be perhaps $30,000.00 remaining to payback the doctors/hospitals or perhaps the health insurance, not to mention to compensate the accident victim. Every penny saved in negotiating with the doctors, hospitals, or insurance companies, provides more money for the injured person. However, at this stage, the motivation for some attorneys is a problem. THEY HAVE ALREADY BEEN PAID. The client benefits entirely from his lawyer being aggressive in their negotiating at this juncture.

My firm has negotiated thousands of insurance companies, doctors, and hospitals down to the lowest re-payment figures imaginable. And we have even angered some of these providers with the lengths with which we will go to get a reduction. Why? Because, we know that for our clients it is not the amount of the settlement that matters, IT IS WHAT THEY GET TO KEEP THAT IS IMPORTANT. We consider this, such an important part of our job that we will often get into heated battles with doctors, hospitals, and insurance companies as to how much they should take off of their bill. In fact, our firm has filed hundreds of actions to seek judicial review and resolution of disputes with healthcare providers or health insurance companies who would not agree to voluntarily reduce their charges. These judicial proceedings are called INTERPLEADER ACTIONS and have resulted in our clients receiving many thousands of dollars of additional money in their settlements that they otherwise would not have recovered.

To my surprise, I have learned that MANY attorneys and firms have resolved as many or nearly as many cases as our firm, and have NEVER FOUGHT with a healthcare provider or an insurance company to the point of seeking a judicial review. I started wondering why? Then it occurred to me. The reason why we fight so hard is because we remember who it is we are suppose to represent. It appears that other firms are content with not squeezing every dollar possible into the client’s hands. There is also the problem with lawyers not feeling like there is any incentive for them to get contentious with a doctor or a health insurance company, especially since the attorney has ALREADY BEEN PAID.

If your ask the above question and get the answer, “well, I have never had to take such action,” it is a fair bet that the reason that attorney has never had to seek a judicial resolution is because he does not care how much money is returned to his client nearly as much as he cares about NOT ROCKING THE BOAT or at least moving QUICKLY onto the next money-making opportunity.

If you come across an attorney like this, particularly with all the very good attorneys in Colorado, you should strongly consider not hiring that attorney.

At Anderson, Hemmat & Levine, we will answer your questions straightforward and our initial consultation is always free.

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The attorney you hire to handle your auto accident claim needs to have specialized knowledge of Colorado motor vehicle laws. If they do not, it could cost you. For example, attorneys representing people injured by the negligent conduct of a young driver often fail to consider the legal effects of a little understood principle of Colorado law, known as, the Family Car Doctrine. Often times young people who cause injury accidents do so while driving a car owned by a parent. Through the application of the Family Car Doctrine, an individual who might otherwise not receive full compensation pursuing only the claims against the insurance company on behalf of the at-fault driver, may seek and receive full benefits and recover substantially more money by pursuing larger policies of insurance owned by a parent.

Before, you hire any attorney to represent you in a motor vehicle accident, ask that attorney to explain to you the Family Car Doctrine. If that attorney is unable to explain it; do not hire that attorney!

At Anderson, Hemmat & Levine, you can ALWAYS expect a FREE CONSULTATIONfrom a knowledgeable attorney who will ALWAYS answer your questions straight.

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