3 reasons to use an attorney for your largest settlement

The likelihood of winning a personal injury case without a lawyer is pretty slim. In fact, 85% of personal injury cases involve the help of an attorney to achieve a settlement. And it’s no wonder. Even the cases that seem like they will be straightforward can hit bumps in the road like long and delayed timelines (especially in the middle of a pandemic) and reduced or denied worker’s comp checks.

But if you’re still wondering if hiring an attorney to help you win your personal injury case is the right choice for you, here are some of the top reasons why having a trusted lawyer at your side can help you make your case.

3 ways a lawyer will help you win your personal injury case

1. Judges don’t allow many people to represent themselves.

It’s not uncommon to see a scene on TV or in a movie where a plaintiff cleverly represents themselves, usually triumphantly winning the case in the end.

We wish it were that easy, but it turns out, those scenes are far more dramatic and less common than you think. In order to properly represent yourself in a personal injury case, you’ll need to know things like statute of limitations, comparative fault, local laws regarding court procedures, filing fees, how to write briefs and depositions, etc. 

In order to ensure that your case goes through all the proper legal procedures, the judge will insist on the appropriate representation, and that’s often not the plaintiff themself.

2. Settlement amounts are nearly four times more when repped by an attorney

When you see the list of some of the things that go into presenting and winning a personal injury case, it explains why cases that are repped by lawyers secure around three and half times more in compensation. 

Attorneys know how to accurately calculate pain and suffering and are trained to assess the long-term effects of injuries, which are some of the most challenging elements of a personal injury case to convincingly estimate and present.

3. You can hire lawyers on a contingency fee so you don’t pay them unless you collect.

If you believe that an attorney would help your case, but you’re concerned you can’t afford one, we’re happy to report that you can find a lawyer that you only pay if you collect on your case. 

And not only can you find attorneys who you can pay on a contingency fee, but lawyers can also help you apply for pre-settlement funding, which is another way you can alleviate some of the financial strain that comes with pursuing legal help and living your life as you recover from your injury.

Need help with your personal injury case?

If you have questions about finding an attorney that will work to get you a fair and significant settlement, reach out to us today! We’d love to chat. 

4 important questions a lawyer should ask a potential pre-settlement partner.

Pre-settlement funding is essential for many plaintiffs fighting for the worker’s comp they deserve while also trying their best to continue living their lives. 

And plaintiffs aren’t the only people who need support during a personal injury case. Lawyers have always had to contend with slow communication and confusing administrative processes, but since the arrival of COVID-19, these delays have only increased. 

Thankfully, lawyers don’t have to pursue justice for their clients alone. When choosing a pre-settlement company, there are a few questions you should ask to ensure that your client doesn’t have to settle their case early due to financial strain. 

1. How long will the pre-settlement funding application take?

Some companies seem to make lawyers jump through hoops to get pre-settlement funding for their clients with lengthy questionnaires, complex applications, and in-person meetings. Going through a personal injury case is stressful for clients at the best of times, but when you hit a bump in the road, like your worker’s comp check being cut off, time is truly of the essence.

At Barrister Capital, we work quickly. We’ll ask just a few questions about your case, and have an answer about your client’s pre-settlement funding in as little as 24 hours.

2. What does the pre-settlement funding process look like?

Not only do some companies make the pre-settlement funding application long and arduous, some still insist on requiring clients to sign contracts themselves, which is yet another step in the process and another person to work with. 

Barrister Capital will simply contact your office and verify the information the client has provided, confirm if there is acceptance, and ask if there is any opinion on funding.

3. How should I advise my client to use their pre-settlement funding?

There is a lot of misinformation about pre-settlement funding, especially when it comes to one of the most important questions a plaintiff will have: how exactly can they use their pre-settlement funding? 

Plaintiffs usually expect to use pre-settlement funding to pay for bills, but what about other essential needs like groceries or childcare? We have good news. You can tell your clients that people have used their pre-settlement funds in a lot of ways like:

For a list of more ways people have used their pre-settlement funding, check out our recent blog.

4. Why should I choose you as my partner for pre-settlement funding?

Every pre-settlement funding company is different, and it’s important you find the right partner for you and your client. 

At Barrister Capital, we pride ourselves on our transparency, speed, and discretion. We keep any information we obtain confidential, and we do not share it with anyone, including the client. 

If you request that we deny the client or offer a specific amount to them, then we tell the client that the decision was made by the owner of our company. We aim to act as a shield between you and your client during your difficult cases.

We believe in being trustworthy and easy to work with.

If you’re looking for a partner to help you and your client with pre-settlement funding, we hope that you’ll reach out or give us a call at 800-910-0855. We’d love to hear more about your case and have a conversation about what sets Barrister Capital apart from other companies.

5 steps to take to secure compensation for you and your family

Did you know that the average civil lawsuit can take up to 18 months to complete? And with COVID, that timeline is likely to increase due to delays in processes and labor shortages. 

While we wish it wasn’t the case, it’s possible that your employer could cut off your worker’s comp check, the longer that your case takes to settle. 

Is it legal for a company to cut off an employee’s worker’s compensation? Does an employee have any options if their company stops payments? Will it cost even more money to fight for your right to proper compensation? 

We answer these questions as we walk you through the steps you should take if your company attempts to cut off your worker’s comp check.

5 steps that will help you keep your worker’s comp check

Step 1: Call for reinforcements

If your worker’s comp check has been cut off, it’s more important than ever to act quickly and have the right people at your side. In a large or struggling company, it can be easy for administrators to lose sight of how the decision to stop providing worker’s comp truly affects an employee’s ability to pay for things like rent, a mortgage payment, and groceries.

Find a partner that works with you and for you as soon as possible. At Barrister Capital, we act quickly by talking to your worker’s compensation attorney about your case and can help get to the bottom of the other details of the case (we’ll get to this in just a second).

Step 2: If you haven’t already, apply for pre-settlement funding

Pre-settlement funding provides you with money upfront before your case settles, in exchange for a portion of your expected future settlement proceeds.

It’s considered an advance based on your lawsuit settlement, and it’s easy to apply for pre-settlement funding. In fact, there are no credit checks required and funds are often available in a day or less. 
Pre-settlement funding is key in helping you get back on your feet. Here’s a list of just a few ways people use their pre-settlement funds. See more items on this list.

Step 3: Determine where you are in the settlement process

It’s often difficult to know where you are in the settlement process. This lack of knowledge can be overwhelming and make people think that they can “stick it out” without the appropriate worker’s comp for a little while longer until things are settled. 

But, remember, it generally takes over a year, sometimes longer, for a case to settle. Determining where you are in the settlement process is essential, and it will be one of the first things that Barrister Capital will help you figure out as you pursue the worker’s comp check that you deserve.

Step 4: Confirm important details of your case

In addition to knowing the status of your case, it’s also important to know things like if you’re owed back pay and if you have an impairment rating. An impairment rating (IR) is especially important. 

The IR is a percentage based on a scale of 0-100 and is used by employers and insurance companies to determine the severity of injuries, the amount of worker’s comp, how long an employee should receive worker’s comp, etc. 

People often get two IRs: one from the insurance company doctor and the other from your personal doctor. It’s possible that your personal doctor can assign a higher IR than the doctor your insurance assigns, and a trusted partner can help you through the process of getting your IR.

These details are something that a good partner will help you determine after you’ve reached out to them in Step 1.

Step 5: Know that you’re not alone

Getting a notice that your worker’s comp check has been cut off can stop you in your tracks and cause a lot of stress. 

We hope you know that you’re not alone in this fight for fair compensation. You have options, and there are steps you can take to ensure that you can take care of yourself and your family with the help of a trusted partner and with pre-settlement funding.

We’re here to serve you

If your worker’s comp check has been cut off, reach out today to get started on your pre-settlement funding application or give us a call at 800-910-0855 and tell us about your case.

Personal Injury lawyers seem to be everywhere. They’re in TV ads asking if you’ve been hurt in an accident and talking about the difference between car and truck accidents. Personal injury attorneys seem to dominate billboards in many cities, touting their success and saying they’ve won more than a billion dollars for clients.

They have tag lines for their firms. One firm uses, “Don’t be a Victim Twice,” another claims, “Trust Us to Fight for You,” and another says, “We’re on Your Side.”

If you’ve been injured in an accident that was due to someone else’s negligence, you might feel overwhelmed deciding which lawyer to hire. However, gathering information on attorneys, knowing what they specialize in, and then interviewing several before making a decision will help you make an informed choice

There are a couple ways to generate a list of PI attorneys. Using Google is a great place to start. You should use as many keywords as possible in your search, including personal injury, auto accident, and your location. Once you have a running list, visit many of the websites and be aware of what type of law each firm practices.

Many firms will say they are personal injury specialists, but when they list their areas of expertise, personal injury may be at the bottom of the list. Look for lawyers who specialize in only PI cases, or devote the majority of their time to personal injury.

You can also contact your city or state Bar Association and get referrals. Most Bar Associations have a specific number to call for lawyer referral services or you can fill out a form on their website. 

Once you’ve reviewed websites from your Google search and looked into referrals from the Bar Association, narrow the search to five to seven firms and then get on the phone. A phone call will allow you to interview each firm and see if there is a fit between you and the lawyers that will be handling your case. During the conversation be sure to ask:

In addition, you’ll want to ask about the statute of limitations for your case as well as how long the attorney thinks it will take to resolve the matter. There are no “dumb” questions, if you need more information about the firm – ask more questions.

Once the interview stage is over, it’s time to pick your top choice. Which firm was the most responsive? Was there one firm that you felt most comfortable talking to? What is your gut telling you?

Once you’ve found a firm that you’re comfortable with and that you believe is a fit, the next step is asking them to send you a written fee agreement.

Read the agreement carefully and if you don’t understand something, ask questions.  After you sign the agreement, the attorney will file your case and your legal journey will be underway.

Pre-settlement funding allows clients to have funds to cover expenses while waiting for a case to settle. This breathing room means the client isn’t forced to choose between paying bills and taking the first offer an insurance company makes. That means attorneys have time to negotiate and win a more favorable settlement for their clients.

At Barrister, we realize that the most valuable commodity an attorney has is time. There is only so much time in a day and personal injury attorneys want to use their time in the most productive way possible.

If clients are calling their attorneys, complaining that they can’t pay bills, and asking when the case will settle, attorneys aren’t making the best use of their time. The simple solution is to give clients Barrister’s contact information and let us explain how pre-settlement funding works. We’ll deal directly with the client, of course keeping you or your case manager informed, and advance them an appropriate amount of money based on the factors of their case. 

Attorneys then can then use their time to negotiate settlements and be proactive in more cases. If a client needs a second round of funding, they call our office, not their attorney’s office.

If for some reason we can’t fund a case, we don’t throw attorneys under the bus. We tell clients the decision is solely Barrister’s, and that we can’t fund the case for a specific reason. There’s no blow-back on the attorney.

Lawyers appreciate that Barrister doesn’t make them fill out reams of paperwork for a client advance. We only ask for an attorney acknowledgement of our lien, by having the attorney sign a section of the plaintiff’s agreement.

Our company was started by lawyers and we have an on staff attorney – we’re lawyer friendly. We get input from plaintiff’s attorneys before we fund, so we never overfund a client. We want clients to walk away with the maximum amount of money possible; more money than they would have if they used another funding company.

We know that fee transparency is important to you and your clients. We fully explain our contract and NEVER charge:

Time is also important for the clients, and that’s why we can fund requests in as little as 24 hours. We’re proud of our quick underwriting process that’s handled internally so we’re not dependent on someone else when it comes to the client’s money.

Once a case is settled, we ask attorneys to withhold our lien at closing and submit the payoff funds to us. Attorneys can give us a call to look up their client payoffs, or use our attorney portal to check client’s payouts.

We realize that sometimes things get a bit sideways during case negotiations and we’re willing to talk about lien reductions if it’s warranted by the settlement numbers.

We earn a firm’s business by being trustworthy and easy to work with. 

We’ve all seen the ads from personal injury attorneys claiming that they’ve won cases that paid their clients millions of dollars. Of course, they don’t mention they received 30%-40% of the settlement, but that’s a subject for another blog.

Many injury claim cases result in a settlement, but other claims are unsuccessful. There are several reasons why some injury cases don’t result in a win. 

The reasons include:

1. Misrepresentation
Giving an accurate and truthful account of what happened to result in your injury is important from the start to the finish of the legal proceedings. Exaggerations and false statements can result in losing your case. While it might be tempting to claim your injuries are more serious than they are, misrepresentation may lead to a court dismissing a claim or issuing sanctions.

2. Social Media
Posts you make on social media can be used as evidence against you in court. Statements, pictures, or videos you post that contradict the severity of the injury you’re claiming will be used by the opposing party’s team. 

For example , if you claim your injuries have kept you from working and you post a video that shows you enthusiastically jumping around and cheering for your favorite basketball team, the opposing legal team can use the video to prove that you’ve exaggerated your injuries.

The best policy is to stay off social media platforms while your case is being litigated.

3. Speculation and Misstatements
The legal process is intimidating. During depositions you may be asked a question you don’t know the answer to. It’s okay to say you don’t know rather than speculating about an answer or assuming what someone else was thinking.

Speculating can lead to misstatements that weaken your case.

4. Trying to handle the case yourself
It takes skill and experience to reach a good settlement in a personal injury case. Most of us don’t know the ins-and-outs of negotiating with an insurance company or the complexity of when and what to file in the court system.

Attorneys can help take care of the nuts and bolts of filing paperwork and do the heavy lifting in hardball negotiations.

5. Hiding past accidents or injuries
Telling your attorney a detailed account of what happened from the beginning – the good and the bad – is essential to your case. Also, if there are some skeletons in your closet, they need time to prepare responses to confusing or unfavprable information.

Attorneys don’t want to be caught off guard. Telling your attorney everything upfront helps you and your case in the long run.

6. Not being prepared
When you have a court appearance, you need to know what it’s for, and you need to meet with your attorney before the appearance. 

Preparation is key. Your attorney needs to have the time to help you prepare and practice your responses so you feel comfortable and confident. Not taking the time to be prepared can harm your case and affect the settlement.

Use common sense throughout your personal injury claim and avoid the things that can hurt the claim and the resolution of your case.

There are millions of car accidents each year in the United States where people suffer injuries that require medical treatment. The National Safety Council estimates that vehicular accidents result in 4.5 million “medically consulted injuries.”

If you or a passenger in your car is hurt in an accident, who pays for the medical expenses? Well, it depends on what state you live in, and what kind of insurance you have. Thirteen states in the U.S. require Personal Injury Protection (PIP) insurance, while others simply offer it as an add on to your auto insurance. If you live in a state that requires PIP, then your own insurance company will pay for your expenses related to the accident, even if the other party is at fault. This is also known as “no fault insurance.”

PIP insurance covers medical expenses from a car accident, ambulance fees, lost wages due to injury, rehab costs, as well as funeral expenses and survivor benefits in the case of a fatal accident. The point of PIP is to provide prompt payment for injuries caused by a car accident. Insurance companies pay out PIP claims no matter who is at fault, saving both parties from the burden of a lengthy liability lawsuit. 

States that require Personal Injury Protection insurance:

While no-fault insurance doesn’t assign blame for a car accident, each state’s car insurance laws set “thresholds” for when you can sue and seek legal redress. Usually if your PIP coverage maxes out, you can file a lawsuit for the at fault party’s bodily injury liability coverage to cover your remaining expenses. 

Neither PIP nor liability insurance pay for damage to your own car. In order to cover those costs you need to have full coverage insurance, which includes comprehensive and collision coverage.

States that don’t require PIP have a tort liability system, where the driver who is at fault has to pay for the other party’s losses from an accident, including medical expenses, pain and suffering, and property damage. There are 38 states that operate on the tort system.   

Tort coverage means a driver can sue for pain and suffering after a not-at-fault accident. The driver does not need to prove pain and suffering past a certain threshold – a lawsuit can be filed claiming inconvenience and ongoing pain.

Full tort insurance is usually more expensive than no-fault Personal Injury Protection insurance. In some states you can elect for limited tort, which limits what and how much you can sue for. 

No matter what state you live in it’s important to have a basic understanding of car insurance. Whether you have no-fault, Personal Injury Protection insurance or full tort coverage, you should know who is responsible for payment of medical expenses and other costs associated with a vehicular accident. 

Also, you should be familiar with what legal resources you can take and when you can take them after you’ve been involved in an injury accident.

Clients often ask their lawyers when they should accept a settlement for a car accident. Many times clients feel pressured to accept the first offer because they need money while they are out of work healing from a car crash, workplace injury, or medical malpractice incident. 

The court system moves very slowly, and insurance companies use delaying tactics in hopes that a case will be settled quickly with a smaller payout. It takes your lawyer time to negotiate the true value of your case.

Pre-settlement funding helps you get money before a case is settled. Money that will help you get back on your feet. The process is simple.

When you talk with Barrister Capital (get in touch by filling out this form), we ask five questions and then briefly discuss your case. The decision to fund your pre-settlement request is made quickly. Funds can be available in as little as 24 hours and our clients are never charged:

There are no fees that will pop up in your pre-settlement funding process with Barrister. We believe transparency with our clients is key to how we operate. We’re upfront about costs and never tack on any hidden fees.

We also make things easy for your attorney so they can spend time working on your accident or worker’s comp case, and not filling out pages of paperwork. All we need from your law firm is a signature on the already completed contract.

Once you receive pre-settlement money and you are back on solid financial ground, you don’t need to worry about making monthly payments. The amount you receive from Barrister is an advance of a portion of proceeds of your potential case award.

The money is paid back out of your settlement — your attorney will deduct the advance amount, and send us a check. If you lose your case, you owe us nothing.

How much you pay back depends on how long it takes for the case to be resolved. The sooner the better, but if it goes on for a while, you’ll appreciate our easy to understand fee structure. Our rates start at 15%, while others charge up to three times that for pre-settlement funds.

We enjoy offering help during difficult times and approach every case with the client’s best interest at heart. 

Talking with a lawyer or filing a lawsuit aren’t things that are high on anyone’s agenda. It’s hard to understand how the court system works and why it takes so long for lawsuits to settle. However, if you’re hurt because of the negligence of another and it results in lost wages, tons of medical bills, and hours of therapy and rehabilitation, you want money to cover your medical costs, lost wages, as well as compensation for pain and suffering.

One of the most common reasons people file a lawsuit is because of a motor vehicle accident. Each year, around 3 million people are injured because a driver was recklessly driving a vehicle and caused an accident with a car, truck, motorcycle, bike or even a pedestrian. If you’ve been injured in a motor vehicle accident, either as a driver, a passenger, or pedestrian, you may be entitled to monetary compensation for your personal injuries and financial loss.

There are other types of cases where you may be able to obtain compensation because of negligence by a person or corporation. Wrongful death lawsuits can be brought when a loved one has been killed due to someone else’s carelessness. Most wrongful death suits are filed because of a car or truck crash, nursing home neglect, construction accidents, or the use of a dangerous product. A wrongful death lawsuit allows for recovery of damages that are unique and different from those in a non-fatal injury case.

Lawsuits are also filed in premises liability cases, which refer to injuries inflicted because of a dangerous or defective condition on someone’s land. These accidents can occur on commercial property such as grocery stores, restaurants, gas stations, malls and retail stores, public and private swimming pools, or at a neighbor’s home. A wide range of defective or dangerous conditions can give rise to a “premise liability” claim, including tripping over an obstacle or slipping on a spill in a walkway or aisle. It’s critical to document the dangerous or defective condition as soon as possible after the accident.

These different types of cases all have two things in common:

Because personal injury and wrongful death cases take a long time to settle, many times plaintiffs settle too soon because they have bills to pay and no income. They aren’t aware that they are eligible for money from the lawsuit before the suit is settled. 

This is where pre-settlement funding comes in. Barrister Capital offers funding based on the merits of a case, and we don’t do a credit check. Cash is often available in as little as 24 hours and can be used to pay utilities, cover a car payment or even buy groceries.

If you or someone you know is involved in a lawsuit described above, and is in need of immediate funds, fill out our contact form so we can discuss your case and get your access to cash quickly. 

There is no easy answer to the question: How long will my personal injury case take to settle? Each case is unique, but we know that many times plaintiffs in personal injury cases are forced to settle before the true value of a case is reached because of financial pressure. Bills continue to pile up while you wait for a lawsuit settlement.

Also, no matter how good your attorney is, they can’t speed up the process. There are many factors that slow cases down. COVID has wreaked havoc on court schedules, causing huge backlogs at all levels of the judicial system.

Even after backlogs are resolved, there are many steps that need to be taken before a settlement can be reached. The discovery phase of a lawsuit can drag on for six months to a year. It entails each party investigating what the opposing party’s legal claims and defenses are. During this time, each side will take depositions of all relevant witnesses as well as ask questions and send document requests to one another.

Medical treatment can also delay a case. After any type of personal injury accident, it can take time to determine the full extent of injuries. If the doctor doesn’t believe you have healed completely from the injuries you suffered, you will not be released from treatment. Your personal injury lawsuit cannot be settled until you are released from medical treatment. Complete medical records have to be sent to attorneys on both sides of the case, and have to be included in the demand letter for compensation. The more serious the injuries, the longer the case takes to wind through the courts. Time is on the side of the insurance companies. That is why pre-settlement funding (money that is available before the case is completed) is so important for the injured party. 

Many times auto accident injuries or other injuries caused by the negligence of another person make it impossible to work. Bills continue to pile up and the rent or your mortgage needs to be paid. There are many things pre-settlement funding can be used for.

Barrister Capital gives you access to pre-settlement funding. There is no credit check, we only consider the merits of your case and the money you need to get back on your feet. Underwriting is done in-house and you can have funds in your bank account in as little as 24 hours.

The funds are paid back out of your settlement, there are no monthly payments during the legal process, and if you lose your case you owe us NOTHING.

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