#1 Be Polite

Insurance adjusters spend their whole day talking to people who are demanding money from their company.  These conversations can be extremely adversarial, and a long day of dealing with angry claimants can really begin to wear on them, and understandably so.  The initial tone of a letter or a phone call can set the pace to how fast and effective the settlement negotiations can be.  Being polite to the insurance adjuster can only work in your favor, since it is likely that your initial conversation with them will not be your last.  Furthermore, insurance adjusters will take notes on every conversation they have had with you.  A simple note in their record, such as, “the claimant was very polite and patient,” can help your case stand out in a huge stack of disgruntled claimants.

#2 Be Assertive

While it is important to be polite, it is also important to appear confident.  You want to show that you mean business.  Remember, you are coming to them, and they are not obligated to hold your hand and guide you through the process.  You need to show them that you are in charge, and that you have the confidence and fortitude to take it to the next level if you need to.

#3 Be Organized

Collect and organize all the relevant materials you will need before you talk to the adjuster.  Promptly providing all of these materials shows the adjuster that you are organized and diligent.  Keep records of your medical bills, photographs, property damage appraisals, repair estimates, and sworn statements from the claimants, the insured, and any witnesses.  Remember, it is the adjuster’s job to determine whether the facts presented fall within the scope of the policy language, and he or she will only consider facts that are documented and supported by evidence.  Recall the old saying, “garbage in, garbage out”; the quality and completeness of the documents presented to the adjuster will directly affect the quality of any settlement offer.

#4 Know What You Are Asking For

Or even better, know what the adjuster is looking for.  Tailoring your strategy to focus on what the adjuster needs in order to complete your file can prove to be very helpful in negotiating a settlement.  An insurance adjuster’s primary goal in handling a case is to close the claim.  For this to happen, they are looking for proof in two things: proof of liability, and proof of damages.  Therefore, it is imperative to have a proper and complete documentation and calculation of your damages.  If there are any holes in your paperwork, the adjuster will spot it and delay the negotiation process.

#5 M.D. is Better than D.C.

Insurance adjusters are more impressed by the opinions of medical doctors than those of chiropractors.  While it does not hurt to deliver the opinion of your chiropractor to the adjuster, it would beneficial to have an additional report by a licensed physician.  Many times, solo reports from chiropractors, acupuncturists, physical therapists, and other professionals without the label of “M.D.” are instantly suspect.

#5 Know the “Red Flags” that Every Adjuster Looks For

Adjusters are always on the look out for “suspect” claims.  Knowing some of the triggers can help you from accidently falling into the pitfall of insurance surveillance and scrutiny.  A history of similar claims is never a good thing when dealing with an adjuster.  Unfortunately, there is no way around your documented past, so gearing yourself up for an uphill battle may be the best formula.  Furthermore, injuries and claims that occur at a “convenient” time are also suspect.  If you have recently been laid off from your job, been through a divorce, or had a monetary judgment against you, the adjuster may suspect you of trying to make a quick buck on a bogus claim.  Moreover, insurance adjusters are equally wary with regard to exaggerated claims, when the claimant’s disability seems out of proportion to the injury.  Additionally, claims filed on the same day of the injury also seem dubious, and it is good practice to wait several days before contacting the insurance adjuster.

#6 If You Feel You are Over Your Head, Hire an Attorney

Insurance adjusters are well trained in getting you to accept their lowest offer, and once you have, there is no turning back, since a binding contract has now been formed.  Many times, they will engage in tactics which result in you feeling like it is your best possible offer.  Remember, they are trying to save their company money. In my experience, an insurance adjuster’s first offer is always outrageously low.  If you feel like the insurance company has squeezed you into a corner, and that you have been taken advantage of, you may need to hire an attorney.  Insurance companies are notorious for preying on the “lack of knowledge” they deem people to have when handling their own claims.  Don’t be taken advantage of, and if need be, hire an attorney who will personally deal with the adjuster.

And one of the things we enjoy the most is reading these letters when they’re returned to us. That’s because these letters let me know if I’m on track and doing things that make my client’s happy, or let me know if I need to improve in certain areas to be able to even better serve you.

I’ve decided to start posting the surveys that I receive here in my Memphis office onto my personal injury law blog/website. This way if you have been hurt in a car wreck or accident in Memphis (or anywhere in Tennessee or Mississippi) and are searching for the right personal injury lawyer for your case then you’ll be able to see what my clients thought of my service. I hope this will help you decide if I am, or am not, the best personal injury lawyer to help you.

These are scanned, unedited, and directly from our clients. We’re not picking and choosing the best parts to show or manipulating anything.

Today’s survey we received was from a client who was hurt in a car wreck at the Tennessee/Mississippi border in Southaven. She was driving when a teenager sideswiped the car that her and her three-week old newborn were in. She was in her vehicle over 45 minutes while waiting on the “jaws of life” to extract her before the ambulance could take her to the hospital. She suffered injuries to her legs, neck, and back.

Click below to read the entire survey as a pdf.
Nogueira Personal Injury Testimonial Letter

Memphis attorney Jami Ferrell helps clients who are going through some of the most difficult times of their life. From his office in Memphis, TN he has helped personal injury and accident clients from East Tennessee to Ocean Springs, Mississippi. If you have questions for him you may reach him at 901-754-1340 or 1-888-GET-JAMI, or by email at James@LawFerrell.com

Very sadly, the there were severe injuries and a death from this accident. The westbound lanes have been blocked most of the day but are scheduled to re-open around 3:30. So if you’re in the area be careful.

Thoughts go out to each person involved in the accident, and their family members. Someone is getting the absolute worst news of their life today, so please take the time to say a prayer for them.

How much does the snow and ice effect the driver’s of Memphis? According to the Memphis Police Department yesterday, between noon and midnight, there were over 270 car wrecks and accidents that occurred. That means that there was a car wreck every minute and twenty seconds. I’m hopeful that most of these were only minor fender benders with no serious injuries to anyone. But it’s likely that out of 270+ car accidents at least one or two were serious enough to send either the drivers or passengers to the hospital or emergency room.

Luckily for all of us here in Memphis the sun has come out now and most of the snow and ice seems to have melted off of the roads. But the weather for tonight looks like it will be bringing temperatures down again into the low 20′s. So if you’re going to be driving after dark or early tomorrow morning be careful. The last thing you want to do is start your weekend off by getting into a car wreck.

Unfortunately it’s too late for Ruby Rose and her family. According to reports, the driver of a Ford Expedition, who was driving in the opposite lane of traffic from Mrs. Rose, was struck from behind causing the Expedition to cross the I-240 median and crash into Mrs. Rose’s Chevrolet Malibu.  Mrs. Rose’s vehicle then struck an 18 wheeler before coming to a stop. Tragically, and I know shattering for the family of Ruby Rose, she did not survive the accident.

Medians barriers are needed on Memphis, TN interstates.

One of the saddest and most tragic aspects of this case is that this accident may could have been prevented if barriers had been in place on that section of Interstate 240. There are no laws that say a city, county, or state must have these barriers, but it would be a smart thing to do in the future to prevent accidents such as this one. And as a personal injury lawyer here in Memphis it breaks my heart to see a family have to go through heartache and pain because of accidents and wrecks such as this one.

I recommend that all of you contact local Memphis city leaders (or your public leaders wherever you live) and ask that they work to create safer interstates here. There doesn’t need to be one more death caused by this type of car accident. Let’s work together to build a better and safer Memphis for everyone.

Lucky for you that you were driving your 1984 Jeep Grand Wagoneer, made of nothing but Detroit’s finest steel. Although you’ve got plenty of bumps and bruises, the Jeep looks great except for a dent in the fender, broken tail lights, and some paint damage caused from being rear ended. You take it to the mechanic only to find out that the insurance company wants to “total” it out. Why? It looks like it’s just a little bit of damage.

The reason the insurance company wants to total your car out after this wreck is because they’ve taken a look at the value of your vehicle, most likely according to “CCC” appraised value (an evaluation program used by insurance companies), and have decided that to repair the vehicle would cost at least 75% of the cars appraised value. So, instead of repairing the vehicle they will now declare it “totaled” or a “total loss”, and will only pay you the appraised value of the car.

But, for example, if the cost to repair the car comes out to be only 50-60% of the appraised value then the insurance company will pay for all repairs and give your vehicle back to you.

What do you do if the insurance company does “total” out your car if you been in a wreck? Do you have to accept what they offer you as settlement for the vehicle? That’s what we will look at tomorrow in our next post.

Searching for the Best Personal Injury Lawyer in Memphis?

#1

Make sure that the Memphis lawyer you hire for your car wreck or accident case never rushes you to make a decision or hire him on the spot.

A good Memphis personal injury lawyer would never need to pressure you to hire him. If he’s a successful injury attorney and delivers real results for his clients then why would he act desperate to sign you up immediately? He wouldn’t because the best lawyers here in Memphis, TN are selective in the clients they accept and never act like a bad salesman anxious to close the deal. They know that because of their reputation, work ethic, and winning results for clients their services are always in demand. Because of this they don’t need to pressure you to immediately hire them.

#2

You need to understand what the lawyer is saying in his advertising.

What does “No Recovery, No Fee”, or “Aggressive Representation” mean for you? And does the fact that a law firm has multiple locations and 25 or more lawyers help your case? Here in Memphis, Tennessee personal injury lawyers throw these words around all the time in their advertising but does it really set them apart?

No.

When it comes to “No Recovery, No Fee” you need to understand that this is how pretty much every Memphis injury lawyer handles their fees. Every personal injury attorney and lawyer that I know who handles car wrecks and accident cases works on what’s called a “contingency fee”. This just means that your lawyer isn’t paid until they win or settle your case. Again, this is the way that every personal injury law firm in Memphis works. So take this advertising claim with a grain of salt.

And watch out for those who advertise “Aggressive Representation”. This usually just means that they are aggressively going to try to sign you up so that they can make a fee off of your case as quickly as possible. Be very careful of these lawyers.

Finally, what about those law firms that claim they’ve got dozens of lawyers working to settle your accident or car wreck claim? There is a reason why they have so many lawyers (and a whole lot more assistants – which will probably be the only people you ever talk to after your first and only consultation you get with an attorney). These personal injury law firms take any and every case that calls or walks in the door. It doesn’t matter if the case or injury is “questionable” or not. They have to accept these clients and try to settle cases as quickly as possible (which usually isn’t in your best interest) because they have gigantic monthly overhead and advertising costs for these dozens of lawyers and all of their staff. Avoid these firms if you don’t want to be just another number in a long list of clients.

#3

Hire a personal injury lawyer that you feel comfortable with. And make sure that you feel the attorney you are working with seems honest and trustworthy.

Does the lawyer explain everything to your satisfaction? Is he open and understanding? And did you even get a chance to meet with a personal injury lawyer at your meeting or was is shoved off to some other “intake specialist”? These are important questions to analyze because you’re going to be stuck with this lawyer until your case is settled or taken to trial.

You want to hire an attorney that’s not only good at what he does, but also is fully invested personally in your case. If your lawyer gets to really know who you are, understands the problems you’re facing, and is emotionally connected to what you are going through he’s going to fight much harder for you than an attorney who handles hundreds of cases each year and can’t even remember who you are (if he ever actually met you).

These are just three quick tips to hiring the best Memphis personal injury lawyer for your car wreck,  accident, or injury case. Be sure to follow them when you’re trying to hire a good Memphis, TN car wreck lawyer in order to help get the biggest  settlement or verdict you can.

Of all the awards we could win, this may be the most important because it means that our we’re taking great care of the people who matter most, our clients.  You see, in order to receive this award we had to be nominated by our clients, an

Memphis attorney Jami Ferrell has been awarded this for 2008, 2009, & 2010.

d then an in-depth survey was done to see if we would qualify to be among the very limited number of lawyers who are awarded it annually.

I’m extremely grateful to all of those who felt that we were among the best lawyers in Memphis, TN when it comes to making and keeping our clients happy while delivering results.

I look forward to continuing this outstanding service and bringing you great results for your cases. My goal is to be the best personal injury lawyer in Memphis, TN when it comes to helping my clients. I’m glad that there are a lot of you out there who think we are doing a great job at it.

This is a burning question

A lot of other Memphis personal injury lawyers here in town will tell you that they can get you money in 30 days, or that they will get you a fast settlement. And they are telling you the truth. They can get a fast settlement or money in 30 days, but in order to get this “fast money” you’re going to have to give up a lot. It’s very easy to settle a case for a client for $25,000 when they should actually be getting $75,000. If you were the insurance adjuster wouldn’t you jump at that opportunity?

But the best personal injury attorneys in town know that in order to get the absolute best settlement for their clients you’re going to have to make sure you work hard, make sure you know the full extent of the injuries (this can take many months), and be prepared to go all the way to trial if you need to. That’s why when you deal with the best Memphis personal injury law firms you’re NEVER going to hear that we can get you fast settlements or “easy money”.  Because if we did this we’d be doing a HUGE disservice to our clients.

In a serious car wreck or accident case where there are broken bones, herniated discs, or other major injuries it’s going to take many months for us to make sure that we fully know the extent of your injuries to make sure that we can get the absolute highest settlement or verdict for your case. We have to wait until you have completed all of your doctor’s appointments, learned if you will need further surgeries or treatment, receive all medical bills and medical records, and make sure that all problems that stem from the original car wreck have been taken care of.

Because we work with client who have pretty severe injuries and need extended treatment this means that the minimum amount of time before we normally receive any type of settlement is at least 6 months, and for the biggest cases it’s not unusual for it to take over a year before we receive a settlement or a verdict. But this is actually a good thing, it means we are working to get you as much money as possible.

We don’t drag these cases out on purpose. Hey, I like to make as much money as fast as I can, but to settle personal injury cases quickly just for the sake of doing so would really, really hurt our clients. And that’s why I don’t do it. The fact is that it just takes time (sometimes a lot of it) to get the really big checks for my clients. And in the end they are ALWAYS happy that I was able to get them a check that might be three or four times larger than some of the other guys who advertise “money in 30 days”!

Remember the old saying “Good things come to those who wait”. Because when it comes to Memphis personal injury cases this is almost always true.

If so then you really want to read about their $10 million dollar settlement with the National Association of Insurance Commissioners.

According to the New York State Insurance Superintendent, “Allstate has agreed to implement procedures to ensure transparency and fairness for consumers who have body injury claims.”

If you “read between the lines” then you see that Allstate has basically been reprimanded for using tactics that were not fair or transparent to injured victims who were trying to settle their car accident and personal injury claims with them.

Allstate's not so happy client

So, would you say that you’re really “In Good Hands with Allstate”? I don’t think so.

As a Memphis, TN personal injury lawyer I’ve written about Allstate on more than one occasion, and have discussed their tactics of delay and unfair treatment to injured car accident victims. I’ve found that Allstate is one of the worst insurance companies for personal injury victims to try to handle their own case or lawsuit with.

• Did you know that Allstate had been giving bonuses and incentives to their insurance adjusters based on them paying you as small amount as possible for your injuries?

• Do you think that one of Allstate’s adjusters is really looking out for you as a client when making an offer to settle your Memphis personal injury claim, since he gets a bonus based on how little he pays you?

• Did you know that your personal injury settlement offer from the adjuster is generated solely by a computer based on numbers some he pushes into a program? No compassion, no human touch, just cold hard numbers.

• And do you think that Allstate is going to stop these unfair settlement practices just because they had to pay $10 million, when they save millions more than that by continuing these policies?

In a world that was fair you would never need any attorney, much less personal injury lawyers. Everyone would just do “what’s right”. But unfortunately that’s not the case.

As a Memphis personal injury lawyer I do my best everyday to make sure that you aren’t taken advantage of and get “what’s right” and what’s fair. I understand how the insurance companies work and I understand that they simply don’t want to pay you anything if they can help it.

Because of these reasons you need to find the best Memphis personal injury lawyer you can to help you with your car accident or personal injury case. If you have any questions or would like my help please feel free to call my office at 1-888-GET-JAMI to schedule a time for us to meet, or speak over the telephone. This meeting won’t cost you a penny and it could be the difference between you getting hundreds of thousands of dollars – or nothing.