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Dealing With A Claim Agent

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  • Dealing With A Claim Agent

    Mr. Gordan,

    As an attorney, I'm sure you have had injured railroaders seek your help after trying to settle their own case with the claim agent. Would you comment on the ramifications of possibly decreasing a potential settlement by say, taking money from the claim agent while off hurt?

    Thanking you in advance,

    Hornblower
    "Never argue with an idiot; people watching might not be able to tell the difference".

    Posts by Hornblower are merely opinions of Hornblower and are for entertainment only. Hornblower does not represent any railroad anywhere. Feel free to pass over any post that offends you.

  • #2
    The Claims Agent

    Originally posted by Hornblower View Post
    Mr. Gordan,

    As an attorney, I'm sure you have had injured railroaders seek your help after trying to settle their own case with the claim agent. Would you comment on the ramifications of possibly decreasing a potential settlement by say, taking money from the claim agent while off hurt?

    Thanking you in advance,

    Hornblower
    Dear Hornblower- Yes, we have had many many injured persons that have gone the "go it alone" approach and then were unsatisfied with the "final" claims agents' offer and then sought out counsel. HOW IT SHOULD WORK: Once you believe you are hurt (1) Get a lawyer and the lawyer sends you to a doctor to run all the necessary tests to determine ALL of your injuries; (2) IF there are objective serious injuries upon MRI, discuss the liability aspects of the mechanism of the accident and REPORT YOUR INJURY AND LAY IT ON THICK ON WHAT WAS WRONG THAT CAUSED THE ACCIDENT; (3) No statement given to Claims Agent; (4) Lawyer has been getting statements with investigator that supports your theory; (5) files suit and works hard for you and either negotiates a very large and acceptable tax free settlement (95% of all cases should settle if worked up right and all parties are reasonable) or he/she takes case to trial and hopefully prevails. Notice that no statement is ever given to claims' agent. There will be a deposition but that is after you are properly woodshedded [Please see: http://www.yardlimits.com/forums/leg...dshedding.html ] HOW IT HAPPENS TOO MANY TIMES: Once you believe you are hurt, (1) you fill out an accident report without any guidance from lawyer; (2) claims agent takes your statement with slanted questions not in your favor; (3) claims agent takes statements and photos building case against you; (4) claims agent goes to doctor with you or, worse yet, sends you to "company" doctor that does not run the proper tests to fully diagnose ALL your injuries; (5) claims agent promises the world to you and later makes a "low ball" offer; (6) person either accepts and gets shafted or gets a lawyer and lawyer has an up-hill climb trying to (a) statementize witnesses well after the accident date, (b) take photos of evidence that has now been altered/changed/replaced, etc.; (c) sends you to doctor that orders proper tests and finds more medically serious injuries than you had previously known and had not been receiving treatment and (7) lawyer files suit and fights hard but has to try to work around all the damage that has been done by client to try to get a good result (settlement offer should definitely be higher than what was "low balled"; by claims agent). Once you take the money offered through the claims agent to settle AND you sign their release, then you claim is fully compromised and it does not matter if there is something wrong with your body. I hope this answered you question. Steve Gordon http://www.gordon-elias.com
    Last edited by FELA FELLA; 05-08-2009, 11:05 PM.
    Steve Gordon
    Gordon, Elias & Seely, L.L.P.
    FELA Lawyer
    FELA Lawyer Blog
    Serving Injured Railroad Employees Nationwide
    Call for a FELA Lawyer 24/7/365
    800-773-6770

    Comment


    • #3
      Videos

      I had some videos that have been posted on YouTube for a little while that do not really add any more to the above discussion. But if you are really bored, here they are: FELA - If You Are Hurt Then Make A Full Report of Injury & Talk To A Lawyer [ame="http://www.youtube.com/watch?v=EoQ4aCAcsZg&feature=channel"]YouTube - FELA - If You Are Hurt Then Make A Full Report of Injury & Talk To A Lawyer[/ame] FELA- Gordon & Elias, L.L.P.-Firm Overview [ame="http://www.youtube.com/watch?v=6cUhPZCh1cQ&feature=channel_page"]YouTube - FELA -Gordon & Elias -Firm Overview[/ame] FELA- You Do Have A Choice From Selecting A Union Designated Legal Counsel [ame="http://www.youtube.com/watch?v=vqxXZxqhw5M&feature=channel_page"]YouTube - FELA- You Do Have A Choice From Selecting A Union Designated Legal Counsel[/ame]
      Steve Gordon
      Gordon, Elias & Seely, L.L.P.
      FELA Lawyer
      FELA Lawyer Blog
      Serving Injured Railroad Employees Nationwide
      Call for a FELA Lawyer 24/7/365
      800-773-6770

      Comment

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