We’ve all heard the saying “what happens in Vegas stays in Vegas.” Yet, it might not.

Here’s another saying for you: “What begins in California could spread throughout the country.”

Today’s story will be of special interest to personal injury (PI) lawyers who run settlement mills and plaster billboards near airports, on buses and buy TV ads that proclaim something along the lines of, “Hire me! I get millions of dollars for my clients!”

Often, attorneys in these ads say, “I care. Call me.” But good luck getting them on the phone to talk to you — ever!

State bars across the country apply terms such as “misrepresentation,” “dishonest” and “false advertising” to ads that promise direct attorney access (“call me”) when clients are able to reach only non-legal staff or automated systems.

These settlement mills routinely deliver cookie-cutter, one-size-fits-no-one, substandard legal representation, not to mention those who engage in fraud.

But now they’re being taken on, and their efforts are aimed directly at the lawyers’ bottom lines via legislation that should give crooked PI attorneys nightmares.

Uber fights back

Uber has filed civil RICO (Racketeer Influenced and Corrupt Organizations Act) lawsuits in federal courts against several personal injury law firms and affiliated medical providers in California, New York and Florida.

I discussed these suits with a friend of this column, Southern California attorney Shawn Steel, who represents personal injury victims and has taught ethics and jurisprudence courses to doctors-in-training at Cleveland Chiropractic College since 1991.

The basis of Uber’s allegations, according to Steel: Uber alleges a conspiracy to artificially increase claim values by creating evidence of injury, staging accidents and fabricating damage. Clients are steered to medical providers who perform or recommend unnecessary procedures to run up treatment bills.

The lawsuit takes the business model of personal injury mills head on. Uber is especially vulnerable to these schemes because it is required by some states to have insurance policies with much higher limits than those of individual drivers — even taxi cabs.

“The more insurance available, the greater the claim value if you’ve got the medicals,” Steel underscores.

However, it must be noted that Uber customers in California and other places that have high insurance limits are the ones bearing the burden of higher insurance premiums because they’re charged higher fares.

“Uber is using the RICO statute,” Steel notes, “which is aimed at prosecuting organizations engaged in a pattern of racketeering activity, and if successful, this could establish a precedent for corporations to fight back against what they allege — and can prove — is fraudulent activity.”

A ballot measure to protect consumers

In October, Uber filed a proposed California ballot initiative, called the Protecting Automobile Accident Victims from Attorney Self-Dealing Act, aimed at protecting consumers from what it claims are predatory practices by some personal injury lawyers.

If this measure gets on the ballot in November 2026 and passes, it will be a tsunami for PI mills and medical providers who have relied on an endless stream of attorney liens on settlements to pay their inflated bills.

There is real, palpable fear of similar initiatives spreading throughout the country, hitting personal injury lawyers in the pocketbook.

Supporting documentation for the ballot initiative notes that it would ensure victims keep at least 75% of a settlement or judgment by restricting arrangements between attorneys and health care providers and eliminating financial incentives for attorneys to inflate medical expenses.

Attorneys would also be prohibited from receiving kickbacks from or paying kickbacks to medical providers who refer their patients.

No more ‘I charge what the market will bear’

The initiative would tie recoverable medical expense damages to standardized rates.

Medical costs would be based on Medicare or a national database rather than the actual bills from lien-based providers. This would eliminate situations where accident victims are sent to doctors who are comfortable with charging hugely increased rates because their friend, the attorney, ensures payment with settlement liens.

So, if this initiative passes, excessive medical charges would not be fully recoverable regardless of what providers bill.

Criticism from consumer advocates

As would be expected, personal injury attorneys are gearing up for a huge battle in the media.

Consumer Attorneys of California (COAC) calls the initiative misleading, saying it undermines accident victims’ ability to secure strong legal representation. It also argues:

• That the limit on fees discourages attorneys from taking complex cases, leaving victims underrepresented

• That the case is nothing more than a corporate liability shield, not consumer protection

What this means for consumers

Regardless of whether the initiative becomes law, if you need an attorney after being involved in an auto accident, your best way of finding a reputable one is the tried-and-true referral from friends, family or other lawyers.

Read online reviews on sites like Google, Avvo, Martindale-Hubbell and Yelp. Pay more attention to the two- and one-star reviews — the details in the negative reviews are more important for you to know than the glowing praise.

Be sure the lawyer has a local office, not just a phone number. You might want to even go there to make sure it exists.

Most important of all, over the phone or with a paralegal or the law firm’s investigator who comes to your home and interviews you about the accident, say, “I expect to deal with and speak to (the name of the attorney) and meet with them in person.” Write this on the retainer agreement. Then, if it does not happen, you will have strong grounds to fire that law firm.

If you are dealing with a settlement mill, those requests will be refused.

If anyone gives you any trouble, call me. You can reach me at (661) 323-7911, or send me an e-mail at Lagombeaver1 @ gmail . com.

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

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When was the last time that, when watching TV, you did not see commercials for personal injury law firms who claimed to “fight” for their clients, or offered glowing testimonials from deliriously happy people displaying high-dollar settlement checks and claiming that was what the law firm got them?

Think that is reality? If so, go online, to Yelp or another review site, to read the firms’ negative reviews — and take those five-star, “Amazing!” comments with several grains of salt.

If you or someone you know is tempted to hire one of these settlement mills — high-volume personal injury firms that advertise massively on TV, radio and billboards — then a study by Stanford Law Professor Nora Freeman Engstrom should give you reason to pause.

Paraphrasing a conclusion in her law review article: A client’s case is often settled for far less than if they had retained a skilled attorney who provides more individualized service.

Her law review article, written in 2010, is more relevant and accurate today than ever before.

Cases settled without an OK, with medical bills left unpaid

Listening to my office voicemails on a recent Tuesday, I heard a message from two former clients of a Dallas law firm that has a large presence on TV, radio, billboards and the internet. The clients were involved in a serious auto accident that wasn’t their fault and retained a law firm recommended by their employer, “who was impressed by their TV ads.”

(As an aside: Sometimes it is best for an employer to not recommend a lawyer or other professional to employees without doing thorough due diligence — such as by researching their qualifications and history.)

The voice message went on: “This was the first time either of us ever dealt with an attorney, so we did not know what to expect. Almost at once, we felt ignored, our phone calls were not returned, and when we spoke with someone, they knew nothing about our (individual) cases, which they settled without approval and did not pay all of our medical bills.

“Two very nice attorneys at the firm who worked on our cases called us, saying they were quitting because this happens often. Also, they said that we should read your articles about lawyers who do not pay doctors for guidance and to call you.”

I had just finished listening to the voicemail when a text message arrived. “We referred two clients of our former employer to you. May we talk?”

I replied, “Of course, please call.”

I then did an online search, verifying that “Cheryl” and “David” indeed worked at that law firm.

‘Working on an assembly line’

This was not the first time that attorneys who regularly read this column contacted me, upset with what they described as incompetent, unethical and sometimes illegal conduct by management at their firm.

Cheryl and David told me they were friends when they graduated from law school and were hired by a law firm that described itself as a “high-volume personal injury and employment law practice where you will have immediate contact with clients, get lots of trial experience, with highly competitive compensation.”

“It turned out to be just the opposite of what they advertised and what we were told in the interviews,” Cheryl said.

Yes, they admitted, their salaries were good, but they didn’t feel like they were practicing law.

“It felt as if I was working on an assembly line with hundreds of cases to settle,” David said, “and there was no way I could possibly help clients with that huge caseload.”

He also noted that the firm did “little screening of cases or investigation. Often months down the road, when someone with an ounce of common sense looked at the file and realized we had no case, or it was a weak case because our client was partially to blame for the accident, or there was little insurance on the other side, senior lawyers pressured clients to settle quickly.

“Sometimes they would settle with the insurance company without even talking it over with the client, while leaving some bills unpaid.”

Cheryl added, “The entire office was set up to do as little work on files as possible, where lawyers like David and me were glorified claims adjusters with a law license.”

That’s a statement I have heard often over the years from attorney employees in these “settlement mills.”

The firm stole money from its clients

I asked if there was a straw that broke the camel’s back, leading them to quit. There was indeed.

Cheryl explained, “The firm always referred clients to doctors, chiropractors and physical therapists who ran up huge bills to increase the value of the claim. Then they had clients sign an assignment of benefits for their auto medical payment insurance — that should have gone to the doctors without the involvement of the law firm — keeping a portion of it and settling the case while leaving several large unpaid bills as the responsibility of the patients.”

I recommended that Cheryl and David talk to a Houston colleague of mine and also urged them to contact the State Bar of Texas.

When I know more, I’ll update you in a future article.

If you’re in need of a personal injury attorney, here are some tips to help ensure you work with one who’ll do right by you:

Get referrals. Ask friends, family or colleagues who they worked with if they’ve had a personal injury case.

Do your research. Consider the attorney’s experience in personal injury law and check their reviews on websites such as Lawyers.com and Avvo, paying particular attention to the negative ones.

Ask questions. Make sure you ask the lawyer about their experience and fees when you first meet.

As a bonus, I recommend taking a few minutes to watch this podcast by Americus, Ga., attorney Beau Shrable, a lawyer I salute for his honesty and care for the public.

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

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In a state that requires all motorcycle riders under 25 to wear a helmet, may an employer terminate an employee who refuses, claiming that it is his Constitutional right to ride without one?

That was “Kirk’s” question.

“I manage a courier/messenger service in Missouri and need your help. In our state, motorcycle helmets are only required for riders under 25. Some of our employees have motorcycles which enable quickly reaching a destination in rush-hour traffic. ‘Reggie’ is one of them. He is 23, married to ‘Charlie,’ and they have a beautiful 5 year-old daughter.

“We require wearing helmets, but he has refused, claiming it is his right, and ‘They interfere with my sight.’ I told him it is the law and he has an obligation to his family to not increase his risk of injury, or death, nor to expose our company to unnecessary workers compensation claims or increased insurance rates.

“I’m sure he would discuss this with you. Maybe you can get through to him. I’ve read what you’ve done in other situations.”

I agreed to a Zoom session with Kirk, Reggie and Charlie.

What is the Legal Posture of this Situation?

Motorcycle attorneys I spoke with said, “With a properly fitted helmet, there are no sight issues.” One Kansas City attorney commented, “Spend five minutes with a widow and her children whose husband and father apparently thought it was his Constitutional right to send his family into poverty.”

Next, as discussed in a recent You and the Law, the refusal to wear PPE – personal protective equipment — a helmet, is a basis for termination.

Our Zoom Session

I began our discussion by saying, “I need your help. Let’s all listen to each other and not just hang up in anger. Agreed? Everyone said, “Yes.”

“We all wear seatbelts when driving, and know it is a good thing, right?” — Yes, each replied.

“Our situation is identical to the same arguments against automobile seat belts decades ago. But I have a feeling that what we are dealing with goes well beyond wearing a helmet.

“Reggie, I understand that you feel requiring a motorcycle helmet takes away from your freedom and constitutional rights. Am I correct?”

— Yes, that’s how I feel.

“And, you’re right! In a way, it does, as I will explain, but first, you were high school sweethearts, and everyone said your marriage wouldn’t last. But they were wrong, weren’t they?”

— Mr. Beaver, you got that right.

“These are difficult times for you Charlie, because Reggie doesn’t need a motorcycle, but rides one and without a helmet. You are terrified of losing him, of your daughter losing her dad.”

— Yes, I am.

Health and Safety Laws

“Government should act for the public good. Requiring seat belts and rabies vaccinations for our dogs is an example of health and safety laws which are obligations that protect us and that we owe to others. But some people feel these are infringements on our constitutional rights, but I am certain you all agree, right?”

— Of course, was the reply.

Raising the Temperature

“Reggie, look at Charlie and tell me what you fear most.”

— That something happens to her.

“Charlie, same question.”

— Losing him because of that horrible motorcycle. I am afraid each time he gets on it, especially without a helmet. I love him. He is my world and I don’t want our daughter to grow up without his love,” she said, sobbing.

“Reggie, now, picture riding your motorcycle and discovering that asphalt really is harder than an un-helmeted head. You are now permanently brain-damaged, with a family that has lost its main income source.

“Look at Charlie. For all those wonderful years she has loved you and given you Julie, your beautiful daughter who was just crazy about her daddy, and then the accident changed everything. It was a thief that stole you from them.

“After a decent interval, while tucking her in bed, another voice says to Julie ‘Sweet dreams, honey,’ and she replies, ‘Love you, daddy.’ And then, Charlie shares what had been your bed.

“Reggie, I was 21, riding a friend’s motorcycle on Highway 126 near Santa Paula, entered a curve covered in sand, lost control and witnesses said that I hit the pavement head first.

“The visible memory of that incident was a destroyed helmet and today, an almost invisible scar on my chin, the only part of my head that somehow came into contact with the road.

“It was the last time that I rode a motorcycle.”

I closed our Zoom session with this question:

“Reggie, who do you love more – your wife and daughter, or the motorcycle?”

Later that Day

Julie called my cell phone. “Mr. Beaver, immediately after our Zoom chat, Reggie had me follow him to a motorcycle dealer. He SOLD the bike! You saved our marriage!”

— Thanks, but please give Kirk a big hug, Charlie. He saved your marriage.

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“I was in a car accident several months ago and hired a personal injury attorney almost immediately. Initially, she was very responsive, returned my calls promptly, keeping me informed of everything. Then, suddenly, silence. I leave messages, am promised a call-back, but nothing!

“Treatment for my injuries is on a lien basis with bills to be paid when the case is resolved, but now I don’t know what to do. Should I change lawyers? Thanks, Darlene.”

Unhappy or pressured to change lawyers?

I ran Darlene’s question by a friend of this column, Southern California personal injury attorney Shawn Steel. His law practice is unique in that he not only represents accident victims, but also health care professionals, “Who have been badly dealt with by lawyers refusing to honor their contracts with doctors to pay their bills when the case settles.”

Steel provided practical advice for health care providers facing that situation in a recent article I wrote, “When Lawyers Refuse to Pay a Client’s Doctor Bill”

As he explained, the question of “to change or not to change lawyers” comes up under two different scenarios:

–You’ve hired a lawyer on a contingent fee basis, but are not satisfied with the legal services provided, or;

–You are being pressured into changing lawyers by friends, family members or–which is illegal in most states–some other attorney who wants your case.

Steel set out four questions client often ask:

(1) Do I have to give a reason before changing lawyers?

(2) Will I owe the first lawyer for time spent on my case?

(3) Should I wait and see if things get better?

(4) I signed a lien with the lawyer to pay bills, but if I change attorneys, what happens to that lien?

“You do not need a reason to change lawyers, and what your reader has described is one of the most common – a failure to communicate, ignoring you,” Steel points out.

“But don’t fire your lawyer just because your phone call wasn’t returned immediately! You’ve got to be reasonable. And keep in mind that your old attorney has a right to be paid by the new attorney out of settlement proceeds.

“When you feel the relationship is a bad fit, end it immediately. Two or three months is no problem. Lawyers will take your case as not much of a fee has been earned in that short amount of time. Simply stated, the older the case, the less desirable it is to the new attorney and even good cases get rejected for that reason,” he underscores.

What Happens to the Lien I Signed with the First Lawyer to Pay My Bills?

Financially an auto accident can become a nightmare lasting years if medical and chiropractic bills aren’t paid. Clients often think, “But as I had a lien with the first lawyer, it automatically transfers to the second lawyer, right?”

“Unfortunately, that’s not the law,” Steel emphasizes.

“Changing lawyers extinguishes the lien. Unless a new lien is signed by everyone, a potential costly problem for the patient is around the corner, and this is my advice to health care professionals and their patients:

(1) Health care providers – When becoming aware your patient has a new lawyer, immediately get a new lien signed. If the attorney refuses, bill the client at once – don’t wait! Also, occasionally ask patients if they have the same lawyer.

(2) Patients – It is potentially damaging to your credit and even to the ability of getting a job in some circumstances–if your case has been settled without the health care providers being paid and you wind up being sued. If you change lawyers, immediately notify all of your health care providers of this fact, with the name, address and phone number of the new lawyer. If you do not, you’ll have to pay out of your own pocket and could be hounded by a collection agency or taken to court.

Resist Pressure to Change Lawyers

Everyone has a ‘know-it-all’ relative who will claim to know more that your lawyer, or has ‘a friend’ who is an attorney, ‘So just drop the lawyer you hired and go with my guy!”

“Clients hear that often,” Steel notes, and warns his own clients that before doing anything, when hearing such advice from family members, ‘Just talk with me.’

“But that’s tame by comparison to lawyers who illegally attempt to steal cases involving serious injury, where the settlement value can be extremely high,” he observes.

“There are predators out there, people who work for lawyers and get an illegal kickback. If you get approached, call your lawyer right-a-way, as it is illegal for anyone from another law firm to contact you if you are already represented.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Contrary to the many television commercials from nasty looking lawyers who shout, “We Fight for You,” and claim that everyone in an auto accident needs to call them, in reality, not every auto accident case requires hiring a lawyer.

If you have been in an accident and are tempted to call one of these “800″ numbers, St. Louis, Missouri, personal injury attorney Matt Devoti just might help prevent you from making a costly mistake and hiring a “Settlement mill.”

“A Settlement mill is a law firm that takes any personal injury case — especially those which do not require a lawyer — rapidly settling them, taking their fee, and frequently leaving the client owing a great deal of money to medical providers. They advertise heavily on late-night television and online,” he points out.

Of course, right now you are thinking, “How do I know if my case requires a lawyer, or if I can handle it myself?” The answer is: Minor property damage with minimal bodily injury.

“Generally, a lawyer is not needed when the impact was minor or at low speed and there is not a great deal of body damage to the vehicle. It is important to not think that you have a major case based primarily on the cost of repairs, as claims adjusters look at how badly the car was damaged, not at repair costs which often include expensive electronic sensors, cameras, radar units and a lot more which can push repair cost into the stratosphere.

“Minor injuries do not usually require hiring a lawyer. This means no broken bones, damage to ligaments or tendons. Soreness and achiness for a few months are the classic signs of soft tissue injuries–which we often call whiplash–and a lawyer can’t do much with this to increase the value of your case,” Devoti observes.

“Missing work for a week or two still keeps the case as one you can consider resolving on your own.”

If his description sounds familiar, stay with us, as we’re going to look at how to put your case together and what not to do.

Claims adjusters have highly stressful jobs and are often treated badly by both members of the public and sarcastic attorneys. To Devoti, “You want to stand out as someone who is polite and responsive to their requests.”
It is important to realize that an adjuster can’t just pick a number out of the sky to settle a claim. Proof–not emotion–is the basis of settlement figures which are generally determined by software programs, such as Colossus.

Therefore, documenting the accident is critical: Who was at fault? What are your injuries and losses? Devoti gives us a by-the-numbers list of what must be included:

• The more things which point to fault, the better, such as a police report, the driver who admits running a red light, a witness, and photos showing the damage to your car.

• List all of your health care providers, including the ambulance, ER, and each health care professional you visited. Medical records and itemized billing are critically important in establishing your injury. Providers have forms for you to fill out and sign before this information can be released.

• Keep a daily log of how you feel, with detailed notes describing your symptoms. What is bothering you? Be specific: head, neck, right knee? Headaches? Where? Low back aches? Where?

• When do you experience these problems? Are they constant or do they come and go?

• Don’t exaggerate! “I can’t ever, or I can never do this or that,” are terrible! You’ve got to be real, for example, “When I wake up it is OK, but if I stand on a ladder, or reach above my head, at that point I have these symptoms.”

More than 20 years ago, “Three times the medical bills plus lost wages” was a fairly realistic settlement figure across the country. But much has changed in the amount of money insurance companies pay to settle cases, and it is important to avoid common mistakes which can even reduce the amount an adjuster will offer.

“People make mistakes in two main areas,” Devoti observes. “They become too emotional, asking for an amount of money that cannot be justified. They will say something like, ‘I have to pay off my student loan, so I expect you to pay me X [amount of] dollars to settle the case.’

“When you announce that your settlement demand is to take care of an unrelated debt, this is a red flag to the insurance company,” he concluded.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Picture spending a few vacation days with friends at a Laughlin, Nevada, hotel you’ve been to often, when one person in your party is injured due to the negligence of the hotel. You’d expect the hotel staff to help out, get medical treatment, take care of medical bills and reach a fair settlement down the road for any lingering effects of the fall.

That’s what Lemoore reader Cynthia also thought should occur. But as Bakersfield-based personal injury attorney Matthew Faulkner knows only too well, “That rarely occurs as so often the hotel’s risk manager will play the nice, nice, delay, delay, and then the deny game, hoping that you become so frustrated, that you’ll drop the whole thing, or string you along until it is too late to file a lawsuit.”

“Additionally,’ Faulkner points out, “Slip or trip and fall cases typically have severe injuries — such as fractures — but establishing liability is often difficult. Just because you fell on someone’s property does not make them responsible. People do lose their balance or trip over their own feet and fall. If it is your fault, the property owner is not responsible.”

But what if the only way for you to have been injured was because of their negligence?

“This past summer I got hurt while staying at our favorite hotel in Las Vegas. It happened while getting out of the shower and stepping onto the dry bath mat. It slipped, I fell and jammed my foot against the toilet. This required surgery in Las Vegas on my ankle and spending four days in the hospital,” Cynthia’s letter began.

“Now, I have pins, screws, a metal plate in my ankle and my doctors tell me that due to the extensive nature of the injury I will have lifelong issues with swelling and pain. This was explained to the hotel risk manager who asked to be kept informed of my condition, which we did on several occasions.

“But the last time we spoke, instead of listening and reflecting a caring attitude, she had an and condescending tone of voice, claiming that hotel was not to blame, implying that it was my fault.”

So, what might have caused the bath mat to slip? Having stayed at this hotel frequently over several years, our Lemoore reader had a good idea.

“They had just completed a large renovation on our floor which included replacement of bathroom tiles. They were dark in color and had a glossy shine. All I did was to step out of the shower onto the bath mat which went sliding and I crashed onto the floor. As ventilation was poor, the bathroom was steamy from the shower. Something tells me the tiles in this bathroom were not the non-slip variety and that’s why I fell,” Cynthia surmises.

Her medical bills — fortunately paid by health insurance — are close to $150,000. In any suit or settlement against the hotel, what was paid by insurance would have to be reimbursed before any money would go to Cynthia personally.

A Case of Res Ipsa Loquitur

The only Latin term that every lawyer remembers from law school is Res Ipsa Loquitur, meaning, “The thing speaks for itself.” And “the thing” is negligence. So, if walking home at night on the sidewalk you fall into a sewer because the city worker forgot to replace a manhole cover, this is negligence as a matter of law and they are responsible for your injuries.

To attorney Faulkner, Cynthia has a Res Ipsa case, because, “The hotel had complete control of the bathroom where she fell. These new glossy tiles are highly suggestive of an unacceptable coefficient of friction. In a steamy bathroom, the tiles became slippery, leading to her injury. Based upon these facts, the hotel has real exposure to a substantial jury verdict.”

The Arrogant Risk Manager Might Just Have Helped Her

It is clear that Cynthia could very well have a case of significant value, and she could pursue it either with a Nevada lawyer, or by retaining a California attorney and filing suit in Federal Court. Faulkner points out that her likelihood of a positive outcome might have been made much more certain if the Risk Manager did something predictable and yet completely illegal:

“There is a duty to preserve evidence. Here, by re-doing the floor or making it less slippery without giving Cynthia or her lawyer an opportunity to have it tested, this could guarantee Cynthia a large verdict, in part because of what we call spoilation of evidence,” Faulkner concluded.

We’ll let you know how this case develops.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Have you recently been in an auto accident which was entirely the fault of the other driver? Car damaged, sustained injuries, had a difficult time with insurance companies, and yet unable to find a lawyer to take your case? 

Does it seem that when you call a personal injury firm they are not interested? Or have you been told, “Great case, but we are just too busy right now.”

Today, it is indeed more difficult to find a lawyer for the types of personal injury cases that would have members of this profession drooling only a few years ago.

From about the 1960s until late l980s, if you were a lawyer, the best game in the house was personal injury. It was routine to see minimal injury auto accident cases being settled for many times the medical bills plus lost wages. Cases where, at times, there was no visible damage to the cars — the so-called low-impact collision — would end with thousands of dollars from insurance companies going into the pockets of clients and their lawyers.

Depending upon where you lived, the 1970s and ’80s saw the ranks of chiropractors and physical therapists grow dramatically. If you had Medical Payments Coverage (MPC) on your car, this was a guaranteed ka-ching on the cash registers of “health care professionals” who routinely treated until all the med pay was used up, and then cut loose a still-suffering patient.

Historically it was incredibly rare for a lawyer, physical therapist or chiropractor to earn an income close to or in excess of a million dollars a year, but in those years many did. They could only see their practices and billings increase, and many took on massive debt, certain the party would never end.

But end it did in 1988, when the California Supreme Court freed the insurance industry from what had become legal extortion. Research conducted by the well-respected Rand Institute concluded several years later that once third-party bad faith was eliminated, “there were fewer, less severe and less expensive injury claims.”

“It only took a few months for the insurance industry to adapt to the changes in the law, but adapt they did, slashing settlements, sending the pendulum too far the other way, and that is where it remains today,” commented Hanford personal injury attorney Rissa Stuart.

“Today, insurance companies take a tough stance on medical necessity for treatment, length of treatment and who their insured are seeing. Unless there is real property damage — a major hit, tow truck, ambulance, emergency room, and substantial injury — they may not even offer enough money to pay your medical bills!” Rissa stressed.

And because these companies have forced lawyers to trial, guess what? With fewer plaintiff verdicts of any real size, lawyers aren’t taking “iffy” cases.

“What was a solid case 15 years ago is today’s iffy case,” Rissa explained. “Today, even with a clear rear-end case and substantial property damage, the reality is that a soft tissue injury — a typical whiplash situation — may only bring a settlement offer of either just the medical bills, or the medical bills plus a minimal sum for pain and suffering. Today, lawyers are taking two-thirds fewer personal injury cases than they did just a few years ago,” she told me.

So what should a person do when it seems clear they aren’t going to easily find an attorney to take the case? Rissa had this bit of legal advice, with which I completely agree:

“If an attorney does not take the case, then you have to become your own attorney. This means gathering up your medical bills, wage loss, and reasonable expenses chargeable to the accident. Present this in a businesslike manner with typed, properly prepared correspondence, and have realistic expectations.”

“If you had an auto accident case years ago — during those go-go, wild ’70s or ’80s, realize that the same kind of case today would settle for dramatically less, and that is true no matter who you hire. The insurance industry is routinely low-balling settlement offers, telling the public how generous and fair they are. It is propaganda, generally, but in truth, most cases settle for far less that in the past.”

“I tell people that with a small case, it is in their best interest to handle it on their own. The reason is that if I take it, yes, I will be paid my one-third, but the accident victim after paying medical bills and fees may have little left over. This just isn’t fair to the client, and ethical lawyers will shy away from enriching themselves at the expense of the client,” my Hanford colleague concluded.

Yes, there are lawyers who will refuse a case when to take it would harm the client. Those are the lawyers you want to see the next time a legal problem crops up.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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