Why do I need a lawyer?

Today's post is about why we do need lawyers. I know, I know, I know you're saying no we don't. We don't need any damn lawyers! But you do and if you give it some thought you'll easily be able to come up with several reasons why we do.

1. BP oil gusher at the bottom of the Gulf of Mexico.

2. Bernie Madoff and his multi-billion dollar ponzi scheme.

3. Scott Rothstein and his $1.3 billion dollar ponzi scheme.

4. Subprime mortgage debacle along with liar's loans.

5. Your pension fund cut in half because of accounting lies.

6. Toyota's uncontrolled acceleration problem.

7. Wrong-site, wrong-patient or wrong-procedure surgical mistakes.

8. Other "never events" while being hospitalized.

9. Here in Iowa we have Big Pork building hog lot factories next to homes and driving the owner's out while making it impossible to sell and move elsewhere. I call that the home from hell.

10. Idiots texting while driving cars and semi-trucks while on the Interstate.

11. Wrong-way drivers heading east in the west lanes or north in the south lanes of traffic; you get the picture, make it north, south, east or west and when someone comes the wrong-way in you lane it's almost certain death for you.

12. Lying politicians! Yeah how about lying politicians?

These are some of the reasons why you need to keep at least a few lawyers around. I'm sure you've all got your own stories about how you've been nailed by someone or some company and headed right to the lawyer's office. Today's post is about do I need a lawyer?

A lady, who just happens to work for an insurance company, contacted me asking this question.

COME ON LOMBARDI, WE'VE GOT A LOT TO DO TODAY SO WHAT'S THE QUESTION?

Hi I have a question about workers com claim. I have a case but chose not to get a lawyer. Will they still settle with me or does this case get dropped because I never chose to get a lawyer?? It's been since early last year when the case was opened and I went back to work this past June. Since returning to work almost a year ago I haven't heard anything from the workers' compensation insurance company.

I am a lawyer and make no apologies for being one. When people contact me for advice I give it in a way that makes practical sense. I don't sugar coat it nor is my advice tailored to their desire for an easy road to settlement. I won't advise you based on what you want to hear, I give advice based on the system and the law. And that's true whether you like it or not. So in this instance here is what I said to her.

WHAT'S MY ADVICE?

Dear Ms. Naivety:

I'm really not sure why you would not want to hire a lawyer, but that's your prerogative to go it alone. That said why do you think insurance companies would just pay you money? Do you think it's because they treat people fairly?  Do you think it will help if they like you or think you're an honest person?

That could not be farther from the truth. HELLO!

They don't and they won't. They settle only when there's a hearing, a lawyer who can push it to a hearing or one that is making them spend money and knows how to evaluate what the injured worker is owed. They will sit back and quietly wait for the statute of limitations to run and then tell you," Maybe you should have hired a lawyer."

They don't care if you're likeable or nice and sweet. Insurance companies make money by using other people's money. Take in premiums, deposit those premiums into an investment account and then hold onto those deposits come hell or high water. That's called the "float". Holding onto the money in the float account is what I call promoting the float.

Don't be naive; find yourself a lawyer you like and hire him or her.

Steve Lombardi

When I see these commercials I'm disgusted at how the insurance industry portrays itself to the general public. The industry has no shame and believes the general policyholder and consumer is too stupid to figure out about promoting the float. The industry portrays anyone who makes a claim against the float as a fraud and wanting something for nothing. Let's look at some of these commercials and then think of your own claims experience.

Notice this commercial and then know the insurance industry views most every person filing a claim in this light. They don't see you as Mary Poppins or June Cleaver. No they see all of you as someone who is asking for something you don't deserve. And that's true no matter what your history with filing insurance claims. 

Here is how you see yourself and your family with Little Julie's father the insurance adjuster and you, the claimant starring as the Beaver.

And here is the reality of how the insurance industry views you and your family when making a claim against the float. First as Mary Poppins and then as a "victim" through their prism.

And then there is New York... I'll leave that for other folks in big cities to deal with.

Enough said, I'll see you on Monday and have a good day.