To Be Vigilant with Your Rights

Potential Clients have said....

“I know my rights, so why do I need an attorney to handle my claim?” Unfortunately, many of these potential clients have already taken steps with an insurance company in attempting to handle their own claims, which has resulted in their losing or extremely impacting the value of their claim. There are numerous reasons why clients should not attempt to handle their own claims, particularly in cases where the vast majority of these claims involve interacting with insurance companies. Perhaps, the short-hand analogy was best phrased by Abraham Lincoln, who is attributed with the following quote: “He who represents himself has a fool for a client”. At a bare minimum unless one is legally trained and has the experience necessary to handle even simple personal injury matters, you are at a marked disadvantage in attempting to represent yourself. First, a simple analogy of insurance business in the liability field dictates that insurance companies only make money by collecting more money through premiums (underwriting) than they pay out in claims made against their insureds. Therefore, the end game of any insurance carrier from a purely business prospective is to pay the least amount they can pay on a claim, whether or not that is a fair and just settlement for a client who is injured and may struggle with the aftermath of those injuries for the rest of their life. Second, you should realize that if you decide to attempt to negotiate your own claim that the insurance adjusters are professionals at doing so, and likely you as an injured person are not. There are numerous factors in handling any injury claim that a lay person is simply not equipped to understand and may not even know about. Every type of personal injury claim based on liability is based upon three general factors; first, liability, second, causation, and third, damages. In order to properly handle such claims a client would have to know at a bare minimum how to gather evidence, how to negotiate to their advantage with an insurance company, what should and should not be disclosed in the initial negotiations, whether or not a recorded statement should be given to the adjuster, what form of authorization is proper to be given to your potential opponent/insurance company before litigation has begun, what type of liens may be charged against any recovery and settlement that you make, and the list goes on ad infinitum. Aside from understanding how to gather the true facts and place the valuation of your claim in its proper form, there are numerous legal pitfalls in dealing with insurance companies. Items such as statute of limitations, authorization to settle an underlying case without prejudicing your potential recovery from your own carrier (underinsurance motorist coverage) are just two of the areas that most lay people are not equipped to handle. Frankly, in order to handle even simple vehicular accident claims, a complete analysis of insurance coverage is required. Again, this is an area in which all personal injury attorneys should be experienced. Once a lawsuit is filed, served and answered, a process known as discovery starts. Litigating a case is a complex task and the actual litigation encompasses proper investigation and information gathering long before the matter is presented in a forum for decision be that traditional court proceedings or alternative dispute resolution such as mediation and arbitration. It has been my experience in the past that lay persons almost without exception attempting to handle their own claim, in the end, experience a miserable and unjust outcome. Do not become victimized a second time by allowing any insurance company or their employees to convince you that you do not need an attorney to advance YOUR RIGHTS in any injury matter. Give yourself a fighting chance at true justice and schedule an appointment with an experienced personal injury trial attorney and at a bare minimum schedule a consultation. The vast majority, if not all, personal injury attorneys accept cases on a contingent basis and charge absolutely no fees or money for a consultation during which they do initial fact gathering from you and advise you of your rights. If after such a consultation, you decide you would like to handle your case as your own attorney and risk the pitfalls of insurance company negotiations and litigation at least you have had the opportunity for a free consultation with an experienced attorney concerning your claim. Be vigilant, consult with an experienced personal injury trial attorney and truly protect your own rights

Choosing the Right Lawyer

In a time of mass advertising by Attorneys in can be very difficult for the average injured person to choose wisely in terms of their future representation. Nothing is more important than obtaining the right legal counsel. John R. Vivian, Jr., Esquire is a seasoned trial lawyer who handles personally each case entrusted to his care.

Qualifications

John R. Vivian, Jr., began the Practice of Law in 1981 following graduation from Temple Law School. He has dedicated his practice to representing injured Plaintiffs since that time. He is Nationally Board Certified by the National Board of Trial Advocacy in two specialties: Civil Trial Advocacy and Pre-Trial Civil Advocacy. The National Board of Trial Advocacy is the only such organization recognized by the Pennsylvania Supreme Court. Attorney Vivian first received his Certification in May of 2000. He has been consistently recognized by the National Trial Lawyers Organization as one of the Top 100 Trial Lawyers in Pennsylvania. He is listed in the global directory of Who’s Who Honorees. He has represented injured Plaintiffs in all of the Federal and multiple State Courts throughout the Commonwealth of Pennsylvania.

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