Interviewer:  Michael, why are you providing this information?

Too many times, people come to me when it's too late. Their case is over and they're not happy with the way it turned out. It's terribly frustrating and disappointing for them, but there's nothing we can do for these people. I want people who have been injured to understand what's at stake from the very beginning, so they choose the law firm that's right for them — whether it's our law firm or someone else. Let me tell you also, every situation is different, so this is not advice for anyone's specific situation. I would have to talk to them first to know if this information applies to them, or not.

Interviewer:  What should an injured person do first?

Absolutely first you need a proper and thorough medical examination. You shouldn't hesitate to get checked out by a medical doctor. If you're injured at work, you are required by law to go to your employer's designated doctor. Your physical condition must be independently judged, however. I always tell my clients to take extra care to report all their symptoms — every single one — and all the ways they are physically and emotionally affected by their injury, so that it is fully and correctly documented by the doctor from the first. In other words, tell the doctor the complete truth. Always carefully follow all of the doctor's advice and directions to the letter. You should never substitute your judgment for that of an experienced medical professional. The second thing an injured person should do is to immediately speak with an experienced trial attorney to get specific advice.

Interviewer:  How important is your reputation with the insurance companies?

It is critical! Let me put it to you this way, if you've shown the insurance companies that you can go to court and win, they aren't going to be making a bunch of lowball offers. Once you have established your ability to win the big cases, the insurance companies and defendants talk turkey a lot faster.

Interviewer:  How can an injured person know if they've met the right lawyer for them?

An injured person is vulnerable. They are usually in a lot of pain, and are worried about their finances and their future. The tendency is to just pick the first lawyer they talk to and get it over with. I strongly urge an injured person to carefully consider which lawyer they allow to represent them. One thing to look for is chemistry. Do you like and respect this person? At least equally important is asking a few important questions, like: Have you handled a case like this before? In other words, is the lawyer experienced in these matters? The second question is: Are you able to take this to trial, or would you have to bring in other lawyers, if it came to that? This is so important. The insurance companies know the track record of all the lawyers. They are going to play games, if they believe your lawyer does not have the ability to win in front of a jury. The third question is: Can I talk to others you have worked with? This is a very fair question. Talk to a few of their clients and you'll get a good feel for what you can expect.

Interviewer:  Why should I give you a percentage of my money if you win my case for me?

This is perfectly reasonable to ask. The thing an injured person must realize is that they have no standing with the defendants or their insurance companies. If you don't have the ability to go to court and present your case before a judge and jury, your credibility is often weak to non-existent. That may be harsh, but it's the current reality in America. A good lawyer can often get you a multiple of any settlement offer you would get by working by yourself. And, by yourself, you may not be able to get any offer at all. So the real answer is that a good lawyer can get you everything you are entitled to — which is a lot more than you could ever get by yourself, so most times, you end up just paying them a portion of the extra funds that they bring to you.

Interviewer:  How do I know you won't take my case and then put my case and me on the back burner?

To really know the answer, you have to talk to our people. Listen to how our receptionist answers the phone. Talk to our Client Service Manager. Talk to me. Then, you'll get a clear sense of what our commitment level is.

Interviewer:  Michael, what do you want an injured person — or the person acting on their behalf — to take away from this interview?

You have rights, and you are 100% deserving of justice — just as much as any other person. Don't let anyone intimidate you. Make sure you go with a lawyer who will stand tall and fight for you. I may or may not be the right lawyer for you, but even if I am not, I will be happy to steer you in the right direction — with no cost and no obligation.

Interviewer:  Do you turn down a lot of cases?

We sure do. A few people are out there shopping for a law firm to take on a frivolous case. We don't take those cases. And there are also fairly modest cases we do take on — if we feel the cause is right. Whether a case is big or small, we look for the opportunity to right a wrong and help a victim to be made whole.

Interviewer:  What does it cost to speak with you about my case?

Nothing. In all my years of practice, I have never charged an injured person or a family member for providing a first consultation, and I don't intend to start now. If an injured person calls us, and I am in the office, they can speak to me right away. Even if I am not in the office, they can call and still reach me 24 hours a day, 7 days a week. I will be paged right away, and I will call them back immediately.

Interviewer:  What should an injured person do to preserve the evidence?

Never destroy, throw away, or leave behind anything that is part and parcel of a product that was involved in causing an injury. Always preserve the written materials that came with the product, and any packaging, too. Immediately take physical custody of the thing — whatever it was — that was involved in causing your injury, and then lock it up someplace that you control. Never hesitate to buy the wreckage. It is much less expensive to buy a wrecked vehicle than it is to forever lose the ability to bring a product liability case because the evidence is gone. Don't assume that nobody will want the wreckage of a destroyed automobile. I know too many horror stories about wrecked vehicles going missing, if there is an issue of whether there was a design defect.

Interviewer:  Should I take pictures?

Yes! In fact, don't wait another moment. If it is at all possible to take photos, do it. The more pictures, the better. Always take a number of rolls of film of the accident location, the crashed vehicles, from different approaches to the scene, and also pictures of the injured person themselves. If there are skid marks, be sure to get dozens of pictures of those — and not just the really heavy skid marks. The really light skid marks are called impending skids. They are faint marks that can usually only be seen for 24 to 48 hours after a wreck. If those are still around, you need plenty of photographs of them, too. You should take shots from a number of different angles and locations. If there is debris at a crash scene, photograph it in place, both up close and at a distance. Actually, everything we've talked about should be photographed both up close and at a distance. Don't ever alter or move anything, and always, always have someone with you to watch for traffic. A good digital camera with a quality zoom is perfect, but if all that is available is a disposable camera, that's fine, too. Use that. It is important to take photos of the victim's condition in the hospital. You should take pictures that show any special medical treatment, the healing of scars and bruises, and any special medical treatment. Believe me, you cannot take too many photographs. It could make the difference between winning and losing the case.

Interviewer:  How long do I have to take legal action?

Not as long as you may think, so it is important to start as soon as you can. There are deadlines that can forever prevent you from getting justice in court. In South Carolina, most claims have either a two-year or a three-year statute of limitations, but you should act right away, and get good advice about your particular situation to know for sure.

Interviewer:  What should I do when the insurance company for the other side calls me?

Be polite, but don't talk to them about what happened or your injuries. You see, insurance companies' claims adjusters are professional negotiators, with all kinds of experience. They can intimidate, hassle, and use all sorts of tactics and psychological techniques to get what they want, which is to settle the case for the lowest possible dollar. Adjusters may sound so nice on the phone. They have voicemail messages saying they are the best person to talk to, because they are the person who is "most familiar with your claim." They can be very skilled at getting what they want, but remember, never give an oral statement to the other side's insurance company. Just don't do it.

Interviewer:  What about witnesses?

You should do whatever you can to collect all witnesses' correct names, addresses and telephone numbers. Don't expect law enforcement to do it for you. In addition to witnesses to the incident itself, you should give your lawyer the contact information for friends, co-workers, and family members who can testify about how your injury has affected your life. You will need to describe in detail what they might have observed.