In our society, lawyers are known as some of the least trustworthy professionals, right up there with used car salesmen.  Whether these assumptions are valid or not is up for debate. I assume that one reason why people don’t trust lawyers is that they are so eager to rack up their billable hours.  This would naturally put the client against his lawyer.   After all, in the billable hour situation, the lawyer’s interests (bill lots of hours and make lots of money) are completely opposite to that of his client (spend the least amount of money possible on his legal problem).  This brings us to the first reason why you should trust your injury lawyer:  He doesn’t bill by the hour.   In fact, most injury lawyers don’t keep track of hours at all.  Most injury lawyers are paid on contingency.

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Being paid on contingency means that they don’t get paid until they settle your case.  They’re paid a percentage of the settlement amount.  Therefore, the higher the settlement, the more he is paid.   Also, the higher the settlement, the more the client receives.   This arrangement puts the lawyer’s and the client’s interests perfectly aligned.  They both want the exact same thing: as high a settlement as possible.  

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The logic of the contingency arrangement makes perfect sense, but for some reason, all too many clients still don’t trust their Hawaii injury attorney.  When the settlement offer is not as high as they would like, they think the lawyer isn’t working hard enough to get it higher.  They believe they would raise their offer if the lawyer just called and screamed at the insurance adjuster.   Don’t forget lawyers like money.  They like money just as much as anyone else.  They will work as hard as possible to get you (and them) as high of a settlement offer as possible.  Getting a high settlement offer isn’t as simple as yelling at insurance adjusters.  Settlement offers are based on the adjustor’s review of your medical records, medical bills, wage loss documents, out-of-pocket expenses, the seriousness of the injuries, etc.  Insurance companies have experience with millions of claims.  They have a pretty good idea of what a jury would award you for your injuries and how much it will cost them to pay a lawyer to defend their case.  They don’t just pull settlement offers out of a hat.

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For some reason, the client picks a number that they want, and that’s the only settlement amount they will accept.  The amount they choose isn’t based on past jury decisions and the millions of past settlements the insurance companies have made; it’s just a number they want.  Just because there’s a number that the client decides they want, doesn’t mean that’s what they’ll get.  After all, if that were the case, every client could say, “Hey, I want three million dollars for my injuries.”

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This brings up another reason why clients sometimes don’t trust their injury lawyer:  they expect the lawyer to obtain a settlement amount that is simply unreasonable.  We can’t speak for all injury lawyers, but from our experience, the more reasonable a client is, the more likely their case will settle, and the more likely they will be pleased with our work.

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Clients should remember that when they’ve been in an accident, the settlement amount compensates them for what they’ve been through.  The settlement is not intended to be a lottery or to set someone up for the rest of their life.  Yes, insurance companies usually prefer to settle cases and not have to go to court; however, they aren’t going just to give someone whatever amount they want to close the case.  Their settlement amount is not based on what our clients “want”.  The settlement is based on how much they have valued the claim.   The value is not randomly chosen.  They calculate the number of your medical bills, your wage loss, and all your other expenses and then determine what the claim is worth based on prior jury awards for similar injuries and damages.

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Insurance companies are some of the world's biggest, most powerful companies.  They’ve gotten that way by being very careful with how much they settle cases for.  They have databases of millions of injury settlements and jury awards. They will not give you much money because your lawyer “worked hard” and argued with their adjusters.    So, please trust that your lawyer is doing everything he can to get you (and him) as much money for your settlement as possible.   Try to be open to your lawyer’s advice (after all, that’s what you’re paying him for).  He has years of experience in dealing with insurance companies and has a good idea about the reasonable amount your case should settle for.

 

Should I Hire A Hawaii Injury Lawyer Now Or Should I Wait And See If I Can Handle It On My Own?​

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Potential clients often ask us if they should hire us now or wait and see if they can handle their insurance claim on their own.  Here’s the short answer:  Hire a lawyer as soon as possible.  The sooner you hire a Hawaii car accident attorney, the sooner they can begin to protect your rights.  The longer you delay hiring a lawyer, the greater the chance of doing something wrong that will mess up your case.

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If we begin working on a case right after the accident, we can ensure that everything goes smoothly and that you don’t do anything that could either ruin your case or significantly reduce the settlement amount you’ll receive.  Many people are surprised that although we were willing to take their case right after the accident, we cannot take it if they wait too long to hire us.  We would much rather take a case where we know everything is being done right than take a case knowing that we will have to clean up many mistakes the client made by waiting to call us.  

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Hawaii accident injury laws are very complicated. Don’t let the insurance adjusters fool you into thinking that you don’t need a lawyer and that they will “take care of you.”  They will do everything they can to reduce the amount that you’re entitled to.  Hawaii car accident lawyer is so complicated that many years ago, we stopped doing medical malpractice, assaults, dog bites, workers’ compensation, etc., to focus solely on car accident cases and some slip and fall cases in stores.

 

You may think that you’re an intelligent person and can figure out what you need to do when you’ve been injured in an accident in Hawaii.  We don’t doubt that you’re smart; however, the fact is that there is a lot to know when it comes to dealing with car insurance companies.  The problem is that people don’t even know what they don’t know when making an injury claim in Hawaii.  I’ve been practicing accident injury law in Hawaii for many years. Still, if I were injured in another state, I would hire a local injury lawyer who is an expert in local accident injury laws.  

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Some of the most important decisions you’ll make regarding your accident case will happen during the first few days after the accident.  The first big decision you should make is whether to hire a lawyer or not.  The answer to this question is simple:  if an injury lawyer takes your case, you should hire one.  Many people aren’t sure whether their case is severe enough to involve attorneys. The quickest way to find the answer to this question is to call some lawyers.  Any injury lawyer in business for a few years should know whether a case is worth pursuing.  Most injury lawyers offer free consultations.  So you have nothing to lose by calling around to a few lawyers to see whether you have a good case or not.  

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The next big decision to make involves whether you should communicate with the insurance adjusters or not.  If you’re going to hire a lawyer, you should not contact the insurance companies.  You should have your lawyer contact them.  You must communicate with the insurance companies if you aren’t hiring a lawyer.   Just be sure to be on your toes when you do.  Never forget that they’re the enemy.  They will make you think they’re on your side and ready to pay you everything you’re entitled to, but don’t be fooled.  Insurance companies are in business to make a profit.  They are not in business out of the kindness of their hearts.

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Another big decision during the first few days will be what treatment you should receive.  All auto insurance policies in Hawaii have $10,000 in medical benefits, so you do not need to worry about medical bills.  If you need to call an ambulance, then you should do so.  They are usually about $900 to $1200, so you will still have plenty of medical benefits for other treatments.  If you need to go to the emergency room, go for it.  Just keep in mind that ER bills can add up quickly.  Walking into an ER will start at $2,000 to $3,000, and then it just goes up depending on what diagnostic tests you do and whether you’re admitted to the hospital.  Suppose you don’t do many tests in the ER. In that case, you should still have about $5,000 left to get follow-up treatment, such as seeing an orthopedic doctor and getting physical therapy, massage therapy, chiropractic treatment, and acupuncture treatment.  

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Whether you hire our Honolulu car accident law firm or someone else, please do so as soon as possible.  

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Why Do I Need An Injury Lawyer?​

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When you have been injured in an accident in Hawaii, you may ask yourself: “Why do I need an injury lawyer?” This is a good question. You may wonder whether you can do the Hawaii insurance claim independently without help.

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You may wonder if hiring a Hawaii injury lawyer will be so expensive that you are better off trying to do it alone. You may feel overwhelmed and feel it’s not even worth the stress to pursue a claim. Again, these are all good and fair questions when you have been in a car accident in Hawaii.

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​First of all, people who are injured in car accidents in Honolulu should know that the process for claiming their injuries can be very complicated and confusing. Unfortunately, the Hawaii insurance companies like it that way.

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The more confusing and complicated it is to make a claim, the more likely people will give up. But, this is not right. If you have been injured on Oahu due to someone else’s negligence, you deserve to be compensated for your injuries. You deserve money for your lost wages, pain, suffering, and other out-of-pocket expenses.

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The only sure way to get the money you deserve is to hire a Honolulu injury lawyer who is experienced and knowledgeable in Hawaii's auto accident injury claims. This is the only sure way you will know that your case will be handled properly so that you receive maximum compensation for your injuries.

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More often than not, even after paying the attorney fees, you will receive much more money for your injuries than you would have received if you hadn’t hired an attorney. Plus, a significant benefit of having an attorney is that you do not have to worry or stress over everything.

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You will know that your Hawaii personal injury attorney cares about everything. All you will have to worry about is getting the treatment that you need to recover from your injuries.

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Should I Go To Court In Hawaii?​

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As Hawaii Personal Injury Lawyers, we are often asked by people if they should take their injury case to court. Unfortunately, the answer isn’t always a simple one. When considering whether to take your case to the Hawaii court, you must consider many factors such as the potential costs, the damages involved, and the time and stress involved.

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Many people do not realize how expensive it is to court in Hawaii. There are filing fees, service fees, deposition expenses, expert fees, and many other expenses. In light of the costs involved in going to court, you must consider the value of your injuries. The higher the value of your injuries, the more it makes sense to go to court. The lower the value of your injuries, the less sense it makes to go to court and incur many expenses.

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Also, many people do not understand how stressful and time-consuming it is to go to court in Hawaii. One of the first things Hawaii defense attorneys must do is take your deposition. This is their opportunity to ask you many questions about yourself, the accident, and your injuries. Depositions vary in time, but they usually take at least half a day, sometimes a day or more.

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Nearly all injury cases in Hawaii must go through the Hawaii Court Annexed Arbitration Program before proceeding to a trial. This Hawaii CAAP program also takes about a day of your time for both sides of the case to present their arguments and testimony to an Arbitrator.

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These are just a few factors to consider when deciding whether to proceed with litigation in Honolulu, Hawaii.​

Please call us today for a free consultation. We do not charge attorney fees until you receive money for your injuries. The Law Offices of David W. Barlow are experienced Hawaii injury lawyers who will ensure you receive the money you deserve for your injuries.