Be Wary of Ambulance Chasing Case Runners

Recently, one of our partners was meeting with a client about an accident case when the client received a phone call. The unsolicited call was from a call center called “The Accident Resource Center” that was allegedly offering to help the client find medical care and legal representation. The client said it was the third call he had received that day with similar offers.

Such callers are known as case runners. They contact people who might be entitled to pursue personal injury claims with promises of quick cash settlements of their cases. This is an unethical and unlawful practice known by lawyers as “direct solicitation of legal service”, or by the rest of us as “ambulance chasing”. The quick payments, if they materialize, are generally far less than what could be recovered through a legitimate attorney.

On further investigation the partner determined that the call center was not even sending the accident victims to a lawyer who was licensed in North Carolina, so it was obvious that the lawyer would pressure the accident victim to accept unreasonably low offers to settle with the insurance company.

The accident and injury attorneys of Younce, Vtipil, Baznik & Banks, P.A., made a complaint to the North Carolina State Bar against the ambulance chasers who contacted our client. The North Carolina State Bar regulates the practice of law in North Carolina. We urge anyone who has been in an accident and is considering an injury claim to work with an established and reputable North Carolina law firm.

What Does Ambulance Chasing Mean?

Rule 7.3 of the North Carolina Rules of Professional Conduct forbids live in person or telephone contact by lawyers, or anyone working for the lawyer or in the lawyer’s behalf, to a potential client who has not invited the contact. If you tried to call the lawyer and the lawyer is just returning your call, that is not unethical. If the lawyer sends you a letter, text or email offering his/her services, that is not unethical. It is unethical and unlawful for the lawyer, or his/her “runner” to visit you in person, call you by telephone or attempt to Facetime with you without you or a family member having contacted him/her first.

Once they target an accident victim, a case runner will hound the injured person with phone calls, email, texts, or in-person visits and make offers of cash and services.

After the runner gets the accident victim to engage their lawyer, the victim may then be pressured to go to a doctor who also works with the runner. Call runners are paid referral fees by the attorney who uses them to generate cases.

These lawyers pressure their clients to accept unreasonably low insurance settlements. It is wrong when the lawyer knows the settlement is far too low for the value of the case. It is wrong when the lawyer is working only to get a quick settlement, take a cut and move on to the next victim.

Ambulance Chasing is Unethical

The American Bar Association’s rules of conduct say a lawyer shall not communicate about the subject of legal representation with a person represented by another lawyer unless the lawyer has the consent of the other lawyer or is authorized to do so by law or court order. The rule applies even if the represented person initiates the communication. A lawyer must immediately terminate communication with a person if, after commencing communication, the lawyer learns communication with them is not permitted by this rule.

How To Choose A Lawyer For Your Case

The North Carolina State Bar does not recommend lawyers, but it provides several resources to help you find a lawyer. It says the best resource is a personal recommendation from a friend or family member that you trust.

The N.C. State Bar also says the lawyer you hire should have:

• An active North Carolina law license
• Experience and knowledge in the practice area
• A good record with the North Carolina State Bar. Check a lawyer’s disciplinary record by searching the Disciplinary Order database or by calling the State Bar at 919-828-4620
• Malpractice Insurance
• A good reputation in the community
• Personality or temperament compatible with yours
• Clear information about how you will be charged for the lawyer’s services, the services of paralegals, and for other case expenses, such as obtaining medical records and filing fees

Contact Our North Carolina Personal Injury Lawyers

At Younce, Vtipil, Baznik & Banks, P.A., our injury attorneys are available to review the details of your accident in the Raleigh area and discuss your legal options. Our legal team provides hands-on care and personal attention to our clients. Our personal injury attorneys handle a variety of claims, including car accidents, truck accidents, motorcycle crashes, on-the-job injuries, Social Security disability claims, wrongful death cases, harmful drug injuries, slip-and-fall injuries, and product liability claims.

Younce, Vtipil, Baznik & Banks, P.A., is a highly respected law firm dedicated to providing outstanding legal help to individuals and families. We have the resources, experience, and knowledge to take on some of the largest corporations in America – and win.

We offer a free, no-obligation initial consultation for personal injury cases and do not charge a legal fee unless we recover compensation for you. We have staff members who are fluent in Spanish. Call us today at 919-661-9000 or reach out online.

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from Younce, Vtipil & Baznik, P.A. https://www.attorneync.com/blog/avoiding-ambulance-chasing-case-runners/
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Social Security Benefits and Divorce

A recent New York Times “Retiring” column about how much Social Security money older Americans fail to collect referred to “poorly understood benefits for divorced people and survivors.” Many older adults who have been divorced are unaware that they may still be eligible for Social Security spousal benefits based on a former wife’s or husband’s earnings record.

If you are divorced, in your 60s or older, and don’t have good Social Security benefits of your own, you should explore whether you are eligible to claim a Social Security benefit based on your former spouse’s earnings. There may be an advantage to doing so.

The family law lawyers of Younce, Vtipil, Baznik & Banks, P.A. in Raleigh can determine whether additional spousal benefits are available to you and help you obtain the benefits you are due. Contact us at (919) 661-9000.

Who Is Eligible for Social Security Divorced Spouse Benefits?

Social Security Divorced Spouse Benefits are paid to divorced spouses of workers who are eligible to receive Social Security benefits. There are certain criteria to qualify, of course.

To be eligible for this benefit, you must:

• Be at least 62 years old and unmarried
• Be divorced from a person who receives Social Security retirement or disability benefits
• Have been married to that person for at least 10 years before the divorce became final
• Not be entitled to an equal or higher Social Security benefit based on your own employment record.

You can apply for Social Security benefits based on your ex-spouse’s record, even if he or she hasn’t retired, as long as you have been divorced for at least two years. If your ex is receiving Social Security and all of the above is true for you, you are eligible today.

The amount of Social Security benefits you receive does not affect the benefits of your ex-spouse or their current spouse.

If you are the divorced spouse of a worker who has died, you may be eligible for benefits as a surviving widow or widower, provided that your marriage lasted 10 years or more. If you remarry after age 60 (age 50 if you have a disability), the remarriage will not affect your eligibility for survivor’s benefits.

What Information Do I Need to Apply for Divorced Spouse Benefit?

If you qualify for Divorced Spouse Benefits, you can apply when you are at least 61 years and 9 months old. You can apply online or at 1-800-772-1213.

Documents you’ll need to show that you are eligible include:

• Birth certificate or another record of birth
• Proof of U.S. citizenship or lawful alien status if you were not born in the United States
• U.S. military discharge papers if you served before 1968
• W-2 forms and/or self-employment tax returns for last year
• Final divorce decree
• Marriage certificate.

You should also have your checkbook or other papers that show your account number at a bank, credit union, or other financial institution to sign up for direct deposit of your benefits.

Contact a Raleigh Divorce Lawyer for Social Security Help

Don’t leave money on the table if you qualify for higher Social Security benefits based on your ex-spouse’s employment record. Please contact Younce, Vtipil, Baznik & Banks, P.A. for assistance about how to proceed. We welcome the opportunity to discuss your situation and the potential benefits you may receive in greater detail. To schedule a consultation, call us at (919) 661-9000 today.

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from Younce, Vtipil & Baznik, P.A. https://www.attorneync.com/blog/social-security-benefits-and-divorce/
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Be Wary of Case Runners Trying To Poach Cases

Recently, one of our partners was meeting with a client about an accident case when the client received a phone call. The call was from a legal assistance call center, which was offering to help the client find medical care. The client said it was the third call he had received that day with similar offers.

Such callers are known as case runners. They contact people who are pursuing personal injury claims to lure them away from their attorneys with promises of quick cash settlements of their cases. This is an unethical practice known as poaching cases. The quick payments, if they materialize, are generally far less than what could be recovered through a legitimate personal injury claim.

The accident and injury attorneys of Younce, Vtipil, Baznik & Banks, P.A., are pursuing a complaint against the poachers who contacted our client. We are making the complaint through the North Carolina State Bar, which regulates the practice of law in North Carolina. We urge anyone who has been in an accident and is considering an injury claim to work with an established and reputable North Carolina law firm. 

What Does Poaching a Case Mean?

Case runners are not lawyers. They typically are people hired by unethical attorneys to contact accident victims and pressure them to hire the attorney they work for. If the accident victim already has an attorney, they will try to poach the client by promising a better outcome to their case.

Runners work by listening to police scanners and reviewing police reports filed after accidents, which are public records. They may contact victims at an accident scene or at the hospital and move quickly to take over what happens to the dazed and uncertain injured accident victim.

Once they target an accident victim, a case runner will hound the injured person with phone calls, email, texts, or in-person visits and make offers of cash and services.

After the runner gets the accident victim to engage their lawyer, the victim may then be pressured to go to a doctor who also works with the runner. Call runners are paid referral fees by the attorney who uses them to generate cases. 

These lawyers pressure their clients to accept unreasonably low insurance settlements. It is wrong when the lawyer knows the settlement is far too low for the value of the case. It is wrong when the lawyer is working only to get a quick settlement, take a cut and move on to the next victim.

Poaching Legal Clients is Unethical

The American Bar Association’s rules of conduct say a lawyer shall not communicate about the subject of legal representation with a person represented by another lawyer unless the lawyer has the consent of the other lawyer or is authorized to do so by law or court order. The rule applies even if the represented person initiates the communication. A lawyer must immediately terminate communication with a person if, after commencing communication, the lawyer learns communication with them is not permitted by this rule.

How To Choose A Lawyer For Your Case

The North Carolina State Bar does not recommend lawyers, but it provides several resources to help you find a lawyer. It says the best resource is a personal recommendation from a friend or family member that you trust.

The N.C. State Bar also says the lawyer you hire should have:

• An active North Carolina law license
• Experience and knowledge in the practice area
• A good record with the North Carolina State Bar. Check a lawyer’s disciplinary record by searching the Disciplinary Order database or by calling the State Bar at 919-828-4620
• Malpractice Insurance
• A good reputation in the community
• Personality or temperament compatible with yours
• Clear information about how you will be charged for the lawyer’s services, the services of paralegals, and for other case expenses, such as obtaining medical records and filing fees

Contact Our Raleigh Personal Injury Lawyers

At Younce, Vtipil, Baznik & Banks, P.A., our injury attorneys are available to review the details of your accident in the Raleigh area and discuss your legal options. Our legal team provides hands-on care and personal attention to our clients. Our personal injury attorneys handle a variety of claims, including car accidents, truck accidents, motorcycle crashes, on-the-job injuries, Social Security disability claims, wrongful death cases, harmful drug injuries, slip-and-fall injuries, and product liability claims.

Younce, Vtipil, Baznik & Banks, P.A., is a highly respected law firm dedicated to providing outstanding legal help to individuals and families. We have the resources, experience, and knowledge to take on some of the largest corporations in America – and win.

We offer a free, no-obligation initial consultation for personal injury cases and do not charge a legal fee unless we recover compensation for you. We have staff members who are fluent in Spanish. Call us today at 919-661-9000 or reach out online.

The post Be Wary of Case Runners Trying To Poach Cases appeared first on .

from Younce, Vtipil & Baznik, P.A. https://www.attorneync.com/blog/case-runners-trying-to-poach-cases/
via https://www.attorneync.com