FAQs

“Why do I need legal representation?” 

     If you have attempted to investigate your own case and represent yourself recently, you understand the answer to this rather simple appearing question.  For most, if you have not, it will be a formidable undertaking fraught with legal terms, limitations, procedures, and serious ramifications in the event you fail to prepare all aspects of the case.  I feel compelled to write about this topic due to the unfortunate outcome for several severely injured people over the Course of my legal career due to lack of legal representation after automobile and/or tractor trailer collisions.

The most unfortunate event of which I am aware involved a middle aged Georgia man injured in a tractor trailer collision.  Hospitalized for several weeks beginning with intensive care and gradually working through rehabilitation, a man I will call John, did consult with an attorney shortly after being moved from intensive care.  John decided, while immobile and concentrating on his recovery, he would represent himself.

While John recovered, the trucking company was investigating the scene, interviewing the police officer and witnesses, hiring expert traffic re-constructionists, a lawyer, and most importantly establishing an air tight defense.  By the time John was released from the hospital, the trucking company had complete control of the case. 

     Ninety days after the collision, John

had not spoken with the first witness nor taken the first photograph of the

vehicles or scene.  Evidence available to both parties was either gone or in the possession of the trucking company and their insurance company and lawyer.  The trucking company, the insurance company, and the company lawyers had established a friendly rapport with the witnesses and most likely controlled their versions of the collision.

Based on the trucking company’s quick response to this collision, they were able to take a case worth several hundred thousand dollars or more to one below one hundred thousand dollars.  This was due to the inactivity of the victim and his failure to retain legal counsel immediately. Legal counsel could have begun preserving evidence and established the psychological advantage by contacting, in person, the investigating police officer and witnesses.  Also, John lost his job of 16 years and presently earns about two thirds his prior salary.

Unfortunately, I was unable to help John obtain the full value of his case.  He arrived at my office after he had agreed to a settlement with the trucking company’s attorney.  John only asked for an appointment to seek assistance with questions about the settlement agreement and only after he had signed the agreement.  It was not until our discussion that he realized the loss he suffered by attempting to represent himself.  He simply accepted the opposing party’s version of the facts and value of his case.

This case is merely one of many I have seen.  I can only encourage the person injured, the injured person’s family members and friends to help retain legal counsel immediately to avoid the same unfair outcome experienced by John.