News:

This Forum is for the purpose of communication of cycling related issues. It is open to all with very few restrictions on content, but is moderated to some extent. Forum participants are expected to treat each other with dignity and respect.

Main Menu

Know a lawyer for bike accidents?

Started by karlos, January 18, 2008, 08:55:03 PM

Previous topic - Next topic

karlos

Pete writes to NCCC:

A good friend of mine had a bad bicycle accident (hit by a car) on the Coast Highway just south of Swami's. I was wondering if you know of a good lawyer that charges a reasonable percentage. She already met with Richard Duquette and she said he charges a very high percentage.

Thanks,
Pete Simons - NCCC member

Richard Duquette was my lawyer and he got a good settlement for me as well as another athlete I know.  Mine was a settlement, the friends went to trial which he won and got a lot more than the insurnance company would settle for. I actually testified in that case.

Richard charges the usual percentage.  Basically if he loses he gets nothing for all that time.  You don't pay him to do all the work he does unless he gets you something.  The more he gets for you the more you both get.

I talked to other lawyers at the time and I don't know anyone that really charges a lower percentage.

Richard is a cyclist and fights hard for his cases.  His wife Kim works with him and is also a cyclist and I run with both of them at track and we sometimes ride together. They are nice people.. Well.. you can't be too nice and be a good lawyer!!!!!

Duquette was my lawyer too!  He does charge a lot but, he also succeeds or maybe it was the combo of a shrink and damaged leg muscles.
Dolores

kjecho

A good friend of mine is a very good lawyer and he represents a lot of cyclists. He races for the Cyclo Vets. His name is Phil Coats and you can get his information under my web site. Just go to the Sponsors page and click on Karla Johnston Cardiovascular Ultrasound. His information is half way down the page. Chris Horner, formerly with Predictor Lotto and currently with Astana and also Becky Quinn are former clients.

Karla  :-*

Lawyer for Bike Accidents

Here are a few points I?d like cyclists to consider when hiring a lawyer. 

I can assure everyone my fees are reasonable and customary in the legal profession.  When hired, I do work on a contingency basis ? which means no recovery ? no fees paid by the client.  This means I work for free if we lose.  I also advance investigation and litigation costs in most cases, which are reimbursed at the conclusion of the case.  However, if a client can afford to contribute case costs, we encourage it.

As many of you know, attorneys? fees are negotiable by law and there are some ?discount? lawyers.  However, I would urge you to examine the difference.  I am a trained trial lawyer by profession and am proud to represent the injured and some times the accursed against the mighty power of the insurance industry and government.

This means I will try your case in front of a jury.  I use focus groups for mock trials conducted in my office, to help my clients? fine tune their presentation before going to court.  As Judy mentioned, when forced to a jury trial by low ball insurance settlement offers, I have obtained jury verdicts far in excess of the low ball insurance offer.

Many insurance adjusters and their defense attorneys know my trial record.  Hence, my clients? settlements usually reflect this.

By contrast, if a cyclist hires an attorney who has little or no jury trial experience, they are no threat to the insurance industry because they have not demonstrated they can win big in trial.  Hence, the insurance companies settlement offers reflect this. 

I should mention, I am selective in the cases I take.  If I sense the prospective client has a history of litigiousness, or is driven by a motive of secondary gain (as opposed to recovery of health and justice), I won?t take the case.  This preserves the reputation of cyclists, and society benefits as a whole.

I love cycling and cyclists.  To that end, I publish Free articles on my website, designed to assist cyclists.  I would encourage you to read them, particularly the one that discusses how to obtain adequate insurance coverage in case you?re hit.  All too often defendants and cyclists are under insured.

In closing, one of my proudest recent cases was recovering a handsome settlement for a bike commuter.  He was uninsured, but I secured medical treatment and surgery on a lien.  In the end, this fixed his shoulder and documented his loss.  This increased his case value because we proved his loss, whereas he would have received far less without the above medical care.
Knowledge of lien law is also critical in order to preserve your recovery, as health care insurance companies try to snatch your hard eared recovery by claiming ?subrogation? rights under their contracts of insurance.  In the above uninsured case I was able to reduce a hospital lien claim by 55%, there by increasing the client?s net recovery.

Thank your for allowing to explain my fees and for considering my office.  I hope the above information is factored into who you hire.

Ride safe ? Ride strong!

Richard Duquette
Bike Injury Trial Attorney
Since 1983
760-730-0500
www.911law.com

Thanks for the info, Richard.
I hope we never need your services. But the way things are going it may just be a matter of time.
???
Dan