Legal Ethics: ?In the personal injury field law firms take on cases customarily on a contingency fee. ?Some cases have the potential for a significant verdict and legal fee. Large verdicts usually involve significant injuries that cause permanent disability. ?
Sometimes a decision has to be made regarding whether or not to claim a permanent disability from work. ?Some clients become aware of the stories of other injury victims who claim permanent disability and obtain a large settlement or verdict and think they should also claim permanent disability from work. ?It is the job of the lawyer to make an appropriate analysis of the facts and proof of disability and then make a recommendation to the client as to whether a claim of permanent disability is appropriate.
All lawyers are ethically required to place the interests of their clients first. ?If a client wants to claim permanent disability from work and is willing to roll the dice, this opens the door to a potential large verdict and legal fee. ?But, if the lawyer does not think the proof is strong and is of the opinion that the client will not likely convince the jury that they are permanently disabled from work, it is the lawyer's ethical obligation to advise the client of that opinion and use his/her skills of persuasion to convince the client not to claim permanent disability.
If an injury victim claims permanent disability and offers expert medical testimony in support of that claim, even if the injury victim does not receive an award of damages for loss of the job, they still may be precluded from returning to work because they claimed permanent disability during the trial. ?Legal ethics require lawyers to forego taking a shot at a big verdict under these circumstances and they must convince their client that well compensated employment is not easy to come by and should not be risked.?
Over the last 33 years, I have seen and heard of instances where injury victims rolled the dice and were sorely disappointed with the jury verdict. ?An experienced and ethical personal injury lawyer should know if sufficient proof is present to warrant claiming permanent disability and when they must protect a client from over reaching.
If you or a loved one have been the victims of an accident that caused severe personal injuries or a fatality, you may be entitled to compensation for your injuries. Contact an experienced personal injury lawyer at The Maurer Law Firm, PLLC by filling out our free website "Tell Us About Your Case" review form, or phone us directly at (845) 896-LAWS (5297).
Posted by Ira M. Maurer, Esq. for The Maurer Law Firm, PLLC
Source: http://www.hudsonvalleypersonalinjurylawyer.com/2012/07/legal-ethics-risk-versus-reward.shtml
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