We are always amused when we get called by a potential client who has been negotiating their own case for a while. They will then tell us about the discussion that they had with the adjuster once they have indicated they may go to an attorney. I have heard adjusters say all sorts of things in their attempts to close the file down. The most recent one was, “Yes, a lawyer is going to get you more money, but you are going to get less because you have to pay them.” This is interesting for a number of reasons:
1. It admits the truth that the case is worth more money. All indications are that people who represent themselves get far less than they would if they were properly represented by an experienced trial lawyer.
2. It is giving legal advice. By making the statement of what they are going to get from a lawyer and what their case is worth, the adjuster is giving them legal advice. The consumer is relying upon the worst possible slanted advice they can get.
3. This statement needs to be tested. As I have written in the past, when someone comes in with a previous offer, we discuss with them what we think of their case. If the offer seems supported by the evidence, we will tell them that. If their case is worth more, it only makes sense that getting more means more for the person. We do not get involved in the case so that we can get paid and they get nothing additional or lose money. What sense would that make?
It makes sense to hire or at least talk to somebody who is looking out for you and your family’s best interest.
