You have probably heard the phrase “ambulance chasers” before in reference to injury attorneys. It conjures the image of a man in a suit chasing down the unfortunate victims of accidents in order to pad their own pocketbooks. But this image is wholly inaccurate. It actually does not even make sense, when you consider the nature of injury law.
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First things first, injury lawyers are not allowed to chase ambulances. That would be a direct violation of the American Bar Association’s Model Rules for Professional Conduct, which prohibits solicitation of injury victims unless the victim is a lawyer or someone the attorney knows personally, such as a family member or a previous professional contact. So if you are in a car accident, you will not find a wave of attorneys following you to the hospital begging to represent you. That is not allowed.
Second, personal injury law is a fairly small area of legal practice and not the most lucrative. Injury cases are often accepted on a contingency fee basis, which means that the attorneys cover the costs of the legal proceedings and the client pays nothing unless the case is successful. Additionally, many states have caps on the damages that plaintiffs are able to win. In Indiana, for example, victims of medical malpractice can recover a maximum of $1.25 million, even if a jury thinks the victim deserves more. In wrongful death cases, if an unmarried adult with no dependents is killed due to the negligence of a third party, his or her estate can only recover $300,000, which does not include funeral expenses, hospital and medical bills or attorney fees.
Last, the image of attorneys as ambulance chasers is part of the overall idea that people in this country are sue-happy and will bring every little claim to court. Again, this does not hold up. Lawyers are required by Rule 11 of the Federal Rules of Civil Procedure to perform due diligence investigations of all claims. A judge is quick to throw out any frivolous lawsuit, which would waste the time and money of all parties involved. If the courts find that a lawyer has brought forth a frivolous claim, it is possible for the lawyer to be sanctioned or even placed in contempt of court. So no, attorneys are not chasing ambulances looking for clients to represent. It is the victim’s responsibility to seek out legal representation, not the other way around.
Doehrman Buba – Indianapolis Injury Attorneys
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