Through various avenues and referral sources, I often times get some interesting questions about "potential" cases. Lately, I have been looking over my shoulder for the hidden camera or wondering which one of my friends in playing a joke on me. I'm not sure it's a result of our litigous nature, the dying art of customer service, or people just dont have time to properly deal with issues that arise.
So enter my quick 3 step process to determine if you need a lawyer.
1) Are you dealing with an insurance company or adjuster?
- YES, you need a lawyer. Insurance companies make money off of the money they don't pay out in claims. You obviously have a claim and they want to minimize the payout to you regardless of how nice they may initially seem.
-Just ask yourself this: "Would you listen to the devil on how to get to Heaven? Then why would you listen to the insurance adjuster about how to settle a claim against them?"--Trey Mills
2) Are you dealing with a rude employee, disgruntled employee, or frontline of a company?
-Probably Not. You need to make sure you document whatever the situation may be. Then reach out to the next level of management or ownership. If the wrong, or negligent act, that has been committed on you is not addressed by the next level of management or ownership then you need to determine the damages you have incurred. If those damages are simply hurt feelings and/or pride you don't need a lawyer. If those damages are monetary and amount to more than a few thousand dollars then you may need a lawyer. If those damages are less than a few thousand dollars you may have alternative routes such as Magistrate Court, or Small Claims court. (Charleston County has online FAQs) You do not need a laywer to represent you in Magistrate Court in South Carolina, or most states. Think Judge Judy but less dramatic, not on television, and not as timely.
3) Are you trying to pursue a wrong from a company or person that has no assets, money, or insurance because "it just ain't right?"
-Probably not. You have certainly heard of the term, "You can't get blood out of a turnip." If not click on the previous link and don't tell anyone you didnt know that. When I question the viability of a case or know that there is little to be gained from it, I request a retainer fee. That fee may very depending upon the case but it is usually at least $2,500.00. Are you willing to spend that much money to pursue your case? If not, then you don't need a lawyer.
When you have performed this quick 3 step analysis and determined you need a lawyer, reach out to one. We don't bite.
We represent clients that have been injured at work, in wrecks, dog bites, slip and falls, nursing home abuse cases, and product liability claims arising out of South Carolina and Georgia. Call us toll free at 1-800-483-0880, contact us on Facebook, Twitter, or just stop by. We offer free consultations to determine if we can assist with your legal needs.