David Blackwell Law - February 2020






When I heard that Feb. 27 was No Brainer Day, the first thing that came to mind was the show “Two and a Half Men.” There’s an episode in which Alan, one of the two brothers, has to fix the satellite, and it’s raining. Everyone tells Alan to call “the guy” (a repairman), but he refuses. Instead, he climbs up on the roof in the rain, and of course, he falls. Afterward, everybody tells him again: He should have called “the guy” (a repairman). Everybody knows that when you are sick, you call the doctor, but not just any doctor. If you’re having heart problems, you go see the cardiologist; when you need a knee replacement, you go see an orthopedic surgeon. When your toilet stops working, you call the plumber; when you have to get your car fixed, you take it to the auto body shop. Everybody knows that. For all the problems we face in our lives, there are specialists, and calling the right specialist helps us get through life’s challenges. You always call “the guy.” So, why is it so hard to pick up the phone and call an injury lawyer when you’re injured? One reason is insurance companies. They have a vested interest in your not hiring a lawyer, and they’ll go to great lengths to

talk you out of getting a lawyer. Insurance companies will tell you injury lawyers are just out to take your money, or they’ll downplay your injury and try to make you believe you don’t have a real case. But think about it: If the person who will have to pay you tells you not to bother getting a lawyer, that’s a good indication you had better get one, and sooner rather than later. Most of the time, the first person my clients talk to after a wreck is an insurance adjuster. Insurance adjusters have been trained to ask you questions in a way that discounts clear liability and the extent of the injury, and their goal as a representative of the insurance company is to minimize the payment they’ll eventually have to make. I am experienced to maximize your claim, so it’s a “no brainer” why they’ll go to such great lengths to talk you out of hiring me — “the guy.” Once, I had a client with a broken leg, but because he had destroyed his shoulder in the wreck, he didn’t realize he had also broken his leg. He was on pain meds, and his shoulder was just screaming with pain, so it took about six days for him to finally realize his leg was broken. Even though he had been in a wreck and had been laid up, the insurance company tried to suggest he could have broken his leg after the accident occurred. Sad, but true!

I had another client who broke his back. The insurance company tried to tell him that because there was no physical damage to the car, there was no way he could have been hurt in the accident. But he indeed had a broken back, and, in the end, the law required that company to pay him fairly — nearly a quarter of a million dollars. The fact is insurance companies want you to go away as cheaply and quickly as possible. They are incredibly motivated to pay you the absolute minimal amount they can get away with. Their representatives understand the law, and without representation, it’s a no brainer: They’ll get away with it. Don’t let them.




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