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Forceful Advertising by Plaintiff's Tort Attorneys

By: Johnsonns Christy

Advertisements will leap out at you whether you are driving past a billboard, looking in the phone book or newspaper, or even when you are watching your television. Automobile accident, neck pain, hurt in a slip and fall, you can find assistance with us. Phone books are littered with headlines and bold print, as well as horrific images of car crash victims, along with an advertisement for free services until you get a claim. Short term loans, secured by future settlements, have even been offered those in need.

An insurance group has gone on record with its belief that hard-nosed advertisements placed by plaintiffs' attorneys have caused massive escalations in the cost of damage claims. Some companies no longer offer motor insurance because of the growth in claim cost. An official of the insurance industry group has indicated that carriers are becoming accustomed to receiving reports of very minor auto damage which in turn result in huge damage claims from plaintiffs which sometimes actually succeed. Although this company does not disagree that injured motorists should be compensated, they do believe that some of the injuries are a bit over exaggerated.

The claim amounts are causing auto insurance premiums to be raised, but the amount is different with each company. The typical rise in cost for drivers at an average risk level ranges from 15 to 35 percent. Those are mild estimates, which are definitely not true for those who have had highway traffic offenses in the past.

Of course, lawyers claim there is no connection between the growth of advertising and the growth of insurance claims. According to one lawyer, the connection between the increase in claims made and advertising by lawyers makes no sense. If a person has been injured by another driver, they should be able to make a claim for compensation. The practice of lawyers offering loans to injured motorists is being reviewed by law society to see if the practice is in violation of any code of conduct.

By advertising personal injury services, law firms will get business from those already considering a claim. This is one personal injury lawyer's opinion. Yet, he sees no negative issue with this. It is too bad that the the insurance bureau just assumes it is negative for lawyers to let people know their rights, and that people then act on those rights. He sees that insurance companies face higher costs, and that the entire system should be reworked. He also notes that the insurance company has refused to work with his association to make cost-saving alterations.

Accident prevention is where the focus of the insurance industry should be, says the president of a bar association, in order to reduce the costs of claims. He said the insurance industry isn't lobbying governments to increase fines for cell phone use by drivers or photo radar fees. He further articulated his irritation that the insurance carriers were not attempting to increase auto safety or reduce collisions. He also mentioned the fact that as a whole, the insurance industry has suffered huge losses in investments, and that this has lead to smaller profit margins.

Insurance company advocates are lobbying for the passage of laws meant to prevent those injured in car accidents from obtaining multiple recoveries for the same incident. This means preventing the victims who have already been compensated for their loss of wages by certain benefit plans offered through their jobs from also receiving compensation from the insurance company for the same thing. The amount awarded is usually in gross wages, before taxes and other deductions are made. This ends up making not going back to work a more attractive option. Higher compensation is paid the longer you are off work.

Even though there is no solid number on how many personal injury lawyers are in practice, it is doubtful that there is any other place that have such lawsuits. There is also the option for motorists to sue for pain and suffering, but there are some places that make sure the injury is permanent before they will award this. The insurance bureau wants you to think that the aggressive advertisements by lawyers is what is bringing so many lawsuits in, but that isn't true. There should be no qualms with lawyers taking up the costs of the lawsuit until a settlement is reached, or even picking up costs associated with disbursement if the suit isn't won.

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