Full story in Legal Newsline
By John O’Brien
Car-crash victims can expect a call from lawyers who will send them to their firm’s preferred doctors, results of a recent survey show.
Protecting American Consumers Together in November asked 400 adults who hired a personal injury lawyer after a car crash about their experience, finding that 92% were contacted by attorneys and 73% were sent to specific doctors and clinics by their lawyers.
Two-thirds even added debt at the beginning of the process through medical liens or lawsuit loans.
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Public Opinion Strategies conducted the survey for PACT, which argues the practices of personal injury lawyers can leave clients in more pain and more debt after accidents despite promises their services are “free.” They often work on contingency fees, and whatever is recovered is split among lawyers, doctors, funders and the client.
The process starts nearly immediately after the wreck. Thirty-eight percent say they were contacted within 24 hours of their accident.
Thirty percent said they felt rushed into signing with a lawyer, and 32% say they felt pressured to continue medical treatment longer than needed. Extra medical bills can increase the damages won, but that money doesn’t flow directly to the client.
Quotes from those polled included, “The attorney was not looking out for my best interest,” and “The attorney seemed to be more concerned about himself than me.”
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One case recently decided by the Texas Supreme Court showed how some lawyers chase accident victims. A Louisiana man whose wife and children died in a collision with a school bus was contacted four days after the accident by a marketing service that offered $18,000 in financial help if he hired a certain lawyer.
The poll says 36% were offered cash, rental cars, gift cards or waived fees before hiring an attorney.
“Many felt rushed into signing and came away believing the process serves attorneys more than clients, citing misaligned incentives, constant pressure, drawn-out timelines, unexpected costs and a loss of control over their own care,” Public Opinion Strategies wrote.