Latest / Brian White Podcast / What Really Happens Behind the Scenes of a Personal Injury Lawsuit

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What Really Happens Behind the Scenes of a Personal Injury Lawsuit · Brian White Podcast

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particularly in car wreck cases that
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people don't know that happens in a
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courtroom. We are not permitted to say
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whether or not there's car insurance.
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That attorney is paid for by the
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insurance company. We don't want any
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money from their pocket. Everybody is
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like super biased about all different
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things. All the police and the reason
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why obviously is because you want the
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police [music] to come out and do a
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crash report.
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>> Welcome to the Brian White Podcast.
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Thanks for tuning in.
0:26
>> Welcome back to the Brian White Podcast.
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Where I am on episode two of well, it
0:32
it's like number two uh
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of my podcast where I'm learning how to
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do a podcast at the same time as making
0:40
a podcast. So, if it's not good, that's
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why, but um over time it'll get better.
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All three or four people that are
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watching this, what up dog? The three or
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four people that are watching this,
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well,
0:52
uh a typical day at the attorney Brian
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White Law Firm, first off, it starts off
0:58
early. So, um I typically wake up um
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early at about 5:30 a.m. Um and I I do
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uh cardio. Actually, I have a it's
1:10
called a rebounder where you jump on it
1:14
and apparently that's really good for
1:16
you. Um when you jump, uh it's like uh
1:19
causes um G-forces um to uh
1:24
affect your body. So, like all all of
1:26
your organs and everything, you you
1:28
know, you're doing this rebounding. So,
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I do that from, you know, 5:30 to 5:45.
1:34
Um and then um
1:36
sometimes I will read um for, you know,
1:39
30 minutes. Usually um some sort of
1:43
philosophy, um something to um hopefully
1:48
integrate into my day uh or into my week
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or even into my goals that I've set for
1:54
that year.
1:55
Um and then of course um I get ready for
1:58
work. Um,
2:00
I come into work. Uh,
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our office opens at 9:00, but I like to
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be here about 8:45 uh, so that I'm um,
2:09
here before anyone shows up. And
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um,
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usually I like to do my creative work
2:17
um, early. Um, I feel like if you do
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your creative work early, um, then you
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can do your more
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um, you know, paperwork heavy kind of
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activities like in the afternoon. But
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because the way the brain works is um,
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you know, creativity
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runs on glucose and you only have a
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certain amount per day and um, it's
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highest as as you wake up. So, I you
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know, I strategically
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um, make my
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creative projects in the morning. So,
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anyone who cares about what I do, um,
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you know, you
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every morning, um, I I think that
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um,
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that's
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uh,
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I don't know. Why don't you care about
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what you do in the morning, not what I
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do in the morning?
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>> Yeah, that's what I was going to say,
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too. Okay.
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>> that.
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>> The top
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>> that are that people
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>> The top uh, things as a personal injury
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lawyer, particularly in car wreck cases
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that people don't know that happens in a
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courtroom.
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The first thing is that people don't
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know that we are not permitted to say
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whether or not there's car insurance.
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So, we're dealing like so I'm dealing
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with a case and if we're in in the
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courtroom and we have the opposing side
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and it it it's a person and then they've
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got some attorney that's sitting next to
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them. And that attorney is free to make
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it sound like um, you know, we're going
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to hurt their life, we're going to
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affect their ability to do things.
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We are not permitted to say, "No, no,
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no.
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That attorney is paid for by the
3:56
insurance company. None of the money
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from this case is going to come from
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that person's pocket. We don't want any
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money from their pocket. We just want
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the insurance money.
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So, of course, insurance companies are
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um very powerful and they created, you
4:14
know, basically the rules. And the rules
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are that you're not allowed to tell
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people that it's an insurance company
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that you're up against. It's It's a
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whole bunch of BS.
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Um
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one of the other things is that people
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don't realize is that
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people um are super biased. Like
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everybody is like super biased about all
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different things.
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You know, if if you think that you're
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not
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biased about things, then you're
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not a
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you know,
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introspective person because you are.
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Everybody is.
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And um a lot of people have
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biases that are, you know, hard to
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um
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predict. So,
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um you know, like a lot of things um
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that people don't understand is when you
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go in into the courtroom and you're
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going to be
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in front of a jury, that you're going to
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be in front of a group of people that
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have
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biases and sometimes you don't know what
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all of them are. And some of those
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things can help you or they can hurt
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you.
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Um and so it's very risky.
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One thing that insurance companies hope
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that people never learn is that if
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you're in a car accident, you should
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hire a lawyer quickly.
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And the reason why is because
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all kinds of evidence can go away over
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time and they hope that you wait because
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by time you hire someone
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a lot of the evidence will be gone. And
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remember, the value of your case is
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based
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upon whatever the proof is that you
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have, and proof in the courtroom is
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called evidence.
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Okay, if you're in a car accident
6:05
you should hire Houston personal injury
6:07
lawyer attorney Brian White.
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>> So, what's number two?
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>> And number two is call the police. The
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reason why obviously is because you want
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the police to come out and do a crash
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report. The crash report is like usually
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the key piece of evidence um with regard
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to the liability in a case. Um you
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really don't want a situation where um
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you're arguing about what happened
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um without there being um an
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investigation because then it's just
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your word versus the other person's
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word, and that can be tough.
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If you're in a car wreck, I think
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everyone understands um that it's a good
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idea to take pictures, but it's a great
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idea to take video. And the reason why
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is because video is like taking hundreds
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of pictures per second. So, after a car
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wreck
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um
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take video. Now, here are some tips. Um
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when you take video of the cars, let's
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say uh the other person's at fault and
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let's say that you're feeling pain on on
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your body, but you're going to video
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tape their car.
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Guys, I have can't tell you how many
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times I've gotten videos from people
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that are claiming to be very very hurt,
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and they're like, "Look at the video."
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And in the video, it's their reflection
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in the window of the car. So, basically
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what they're doing is they're taking
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video of them standing there looking
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unhurt. So, you know, but they're like,
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"Well, I really was hurt." And maybe
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they were, I don't know. But what I can
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tell you is if you take video after a
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crash
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don't get your reflection in it, okay?
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Don't be Don't be dumb. Um it's also
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would be good if if you want to If you
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want to get like bonus points, um
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you could
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in your video,
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um you know, explain to the other driver
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why they were the one at fault. I
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wouldn't ask them. I would just say,
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"You ran that stop sign. You did this.
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You did that." Um and it doesn't really
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even matter what their answer is. It's
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just the fact that that's even, you
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know, that's what you were saying from
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the beginning, okay? Um
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so that's also probably something that
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would be helpful.
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Texas law is that you can film away as
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long as a person
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Yeah, well, it's just it's
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it's based upon whether the person has a
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reasonable expectation of privacy. So it
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could be like um
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let's say that they're in in their
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backyard.
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And let's say that their backyard is
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fenced. Um you can't look over the fence
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and
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film them, right? But let's say that um
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in their backyard that's
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fenced, right next door they build a
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skyscraper.
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Well, now they don't have an expectation
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of privacy, so you would be able to film
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them.
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Um so that's why I'm saying I don't
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know. Uh so uh it it depends on sort of
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what the situation is and also what, you
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know, the specific ordinance is.
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If a police officer tells you to not
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film and it's your car wreck, you had
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better not film because that police
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officer is going to be your best friend
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in the in the case. And if you're like,
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"No, I have the right to film."
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and you're pissing off the person who
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could help you the most or hurt you the
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most, um that would be a very bad idea.
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If you are in a car accident, um you
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have a very short amount of time to file
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a car accident claim. Um typically, you
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want to get your claim filed and started
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within 1 week. Um certainly, if you're
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feeling any kind of pain or anything
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like that, then you should go to the
9:55
doctor prior to that. Um but the reason
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why you want to start soon is because
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you want to make sure that the other car
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actually has car insurance. Cuz what
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happens if you're, you know, planning on
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a claim, you file your claim, and then
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you get something back from them saying,
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"Actually, the person hasn't paid for
10:12
their car insurance, you know, in 6
10:14
months. There's no coverage." So, you
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want to file that claim as soon as
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possible. Um and then, um at at the very
10:22
outside window is you have 2 years to
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pursue a
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uh claim in court, okay? So, if if you
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can't settle a case or a claim with the
10:35
insurance company, and that
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requires you to have to file a suit and
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take it out of the hands of the
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insurance company and put it into the
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hands of of a courtroom, um you have 2
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years. Um but if you haven't done
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anything on your claim for that whole
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period of time, um most likely you don't
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have a good case. I mean, cuz you
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actually have to get evidence in order
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to go into the courtroom. So, um you
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know, hopefully you will have filed a
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claim way before then. Then.
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If you're in a car accident that's
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partially your fault,
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you should definitely hire a good
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lawyer. That's because that's what we
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do. We We cross-examine
11:17
the other side to understand exactly
11:20
what happened, um and also to prove our
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point. Um we're experts at investigating
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not only the the the cause of a crash,
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but also the root cause. Get
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rear-ended by an 18-wheeler and like you
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you did something to cause it. Maybe you
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like swerved into his lane according to
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him. According to you, you're like, "I
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changed lanes. It was a little bit fast,
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but but according to him, it's like, "Oh
11:46
man, they swerved right in front of me.
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I couldn't stop in time." So, he hits
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the back of you.
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Well,
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if you hire a good lawyer, they will
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understand that they have to do an
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investigation of the root cause. So, so
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the root cause is like, "Well, okay, I
12:00
understand that the truck hit the back
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of the car, but what caused that? Is it
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maybe that the truck driver was driving
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over
12:09
his hours? Is Is there something else
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going on? It was Was there something
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preventable?
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So, then of course, you have to get
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their logbooks and almost always when
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you get their logbooks, they're perfect,
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which is unrealistic. So, then you have
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to start cross-referencing like
12:27
fuel receipts and other things. And
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through that process,
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you find, "Hey man, you were getting gas
12:33
in San Antonio
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uh according to the your credit card,
12:37
but your driver's log says that you were
12:39
in Houston. So, now you know that
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they're lying.
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And through this whole process, you can
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figure out that actually the company had
12:47
this guy driving for like 16 hours
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straight.
12:52
So, that's a whole different kind of
12:53
situation um than if it's a person who
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just kind of like
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hit the back of your car and there's
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like a swearing match about what
13:02
happened.
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>> Should I
13:05
>> After a car wreck, should you speak to
13:07
an insurance adjuster? That is a very
13:09
good question and it depends upon which
13:12
insurance company. If it's your own
13:15
insurance company, then you have an
13:17
obligation to talk to
13:19
the adjuster about whatever claim that
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you're going to make um by contract.
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That's in your policy that you you have
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to cooperate with them.
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But, if it's an insurance adjuster for
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the other car,
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you don't have a contract with them. You
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owe them nothing. So,
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um if you don't want to speak to them
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about part of your claim, you don't have
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to because uh
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you don't have to cooperate with them.
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So, um
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in my opinion, I think it's a good idea
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to speak to them about your property
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damage
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um so that they can hurry up and get
13:53
that
13:54
started and hopefully fixed. Um but, not
13:57
speak to them about the other part,
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which is your injury.
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What happens if you're hit by a car that
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doesn't have insurance? A car or a
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driver that doesn't have insurance?
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Well, you're not going to get any money
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out of that person in most situations.
14:13
It's a very bad situation. So, that's
14:16
why you want to look and see if you have
14:18
what's called underinsured motorist
14:20
coverage on your policy. Um this is
14:23
insurance that you've paid for to cover
14:26
someone else. It's not coverage saying
14:28
that you did anything wrong or anything.
14:30
It's not like putting it on your
14:32
insurance. It's money that you've paid
14:35
into a fund to cover someone else that
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didn't have
14:40
insurance or they had a very small
14:42
policy and you're hurt
14:44
very bad. Um
14:46
so, um it's a
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very common
14:50
misconception that that people have is
14:53
that if they use their underinsured
14:55
motorist coverage, that's putting it on
14:57
their
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insurance. And and it's so it's so
15:01
frustrating because it's like you paid
15:04
the premiums for this.
15:06
Why in the heck did you pay for it if
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you're then going to refuse to use it?
15:11
And their answer is, "Well, because
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it'll make my
15:15
it'll make my premium go up." No, it
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doesn't. It does not make your premium
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go up, people.
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>> [clears throat]
15:20
>> Using underinsured motorist coverage
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will not increase your premium.
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Do you know what will actually the the
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biggest way to have an increase in your
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premium is to stay with the same company
15:35
for many years. That's the way that you
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make sure that you pay the most about
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possible.
15:40
Because you can have a history
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of being in car wrecks, of being a bad
15:46
driver,
15:47
but if you go out there on the market
15:50
and you try to get a quote from a bunch
15:52
of different places,
15:54
they're going to give you a good deal
15:56
because they just want your money right
15:58
then. So, if you want if you're really
16:01
like, you know,
16:02
worried that after a crash and you make
16:06
a claim on your underinsured motorist
16:08
coverage, that it could cause your
16:09
insurance to go down, well, I would say
16:13
make the claim
16:14
and then go get different insurance.
16:17
So, now you're going to get the money
16:19
that you've paid for
16:21
and then you're actually going to be
16:22
paying less
16:23
for your new policy. If you are in a car
16:25
accident and the other car runs,
16:29
first, before they run, after, you know,
16:32
the crash happens, you know, you've got
16:34
to get your video of the plates. That's,
16:37
you know, if if you're going to
16:38
videotape a car, the first thing that
16:40
you should try to start with is the
16:42
plates so that you can identify the car,
16:45
okay? So, you want to like start with
16:46
the most
16:48
basic thing is just to be able to
16:49
identify it and then maybe go on to, you
16:52
know,
16:53
where you see the damage is,
16:55
um where the skid marks are, you know,
16:57
those kinds of things.
16:59
Um so, hopefully you get that. If you
17:01
can't get your phone out, at least look
17:04
at the plates before, you know, they
17:06
drive off. There's so many situations
17:08
where we have people who are in crashes
17:11
and they're like, well, the person
17:12
sat there for a while we're waiting, you
17:15
know, and then they just took off. And
17:17
I'm like, well, did you get their
17:18
plates? No. Well, you know, so you would
17:20
be out of luck.
17:22
Um,
17:22
but should you
17:24
chase them?
17:26
Well,
17:27
it happens all the time. I mean, so
17:30
um, you can chase them in order to get
17:33
their plates, but don't try to stop
17:36
them. Um, there is just a
17:39
situation um,
17:41
yesterday in Houston where a
17:44
man stole a pickup truck. Um, and you
17:49
see the pickup truck and then you see
17:52
another vehicle
17:54
see that he had stolen it cuz I think it
17:57
was a carjacking
17:58
and he like blocks him in. So, then the
18:01
guy gets out of the pickup truck, pulls
18:03
out a gun and just starts shooting into
18:04
the car that and so that guy got killed
18:07
um, for no reason. Um, so I wouldn't do
18:11
that. It's kind of crazy out there. I I
18:13
I think the main thing is just to if if
18:15
you're going to pursue them,
18:16
the only thing that you need to do is
18:18
get the plates. Once you get the plates,
18:20
you're out. Should you accept the first
18:23
offer from an insurance company after
18:26
your car wreck? The answer is obviously
18:28
no.
18:30
They do not give you their best offer on
18:33
their first offer. In fact, they will go
18:36
back and forth with you
18:38
many times. And in fact, what you should
18:41
do is you should actually get them to
18:43
the point to where they say,
18:45
"This is it. We are not going to offer
18:46
you any more money."
18:48
And at that point, at least you know
18:50
sort of what you're dealing with. And
18:52
then what I think you should do is you
18:54
should say,
18:55
if if it's possible, you should say to
18:57
them, "Well,
18:58
oh, that's too bad because I would
19:00
accept and then you can ask for
19:01
something just a little bit more than
19:04
what their final offer is so that you
19:06
can hopefully get them to come up at
19:07
least another couple thousand dollars.
19:10
You always ask even if they say I'm out
19:13
of money, sometimes we'll joke around
19:15
and be like this is their first time out
19:16
of money and or this is actually their
19:18
second time out of money. We think
19:20
they're going to be out of money, you
19:21
know, three times.
19:23
So, you know, don't always
19:25
believe that when they say that they're
19:27
out of money and it's final that it
19:29
actually is final because what you want
19:31
is to be final final.
19:33
So, keep going until it's final final.
19:35
How much does a personal injury lawyer
19:38
cost?
19:39
We get paid on a percentage from the
19:41
back end, which means that you don't
19:43
have to pay anything out of your pocket
19:44
to hire us. You can get a really good
19:47
lawyer without having to pay anything up
19:49
front. And then also, the attorney will
19:52
also front case expenses to make the
19:55
case work. Cases could go on, you know,
19:58
for 6 months,
20:00
1 year, or even more.
20:03
And the attorney will be working on that
20:05
for that entire time essentially without
20:07
pay hoping that he's going to be able to
20:09
cover a bunch of money for you at some
20:11
point.
20:12
So, at that point it's it's a percentage
20:17
and that percentage is typically
20:19
1/3 or 40%.
20:23
Okay, so you've been in a serious car
20:27
accident and maybe an 18-wheeler case
20:30
and you're starting to figure out that
20:32
the lawyer that you hired
20:35
isn't good. They don't communicate with
20:38
you and you're thinking about firing
20:41
them and hiring someone else.
20:44
The answer is can you do that? And the
20:47
answer is yes, you can do that.
20:49
Typically,
20:51
it's better
20:53
if you
20:54
fire an attorney for cause.
20:58
In other words, they did something
20:59
wrong, but you know, doing something
21:01
wrong could also include their failure
21:04
to keep you properly
21:06
um
21:07
updated on
21:10
the case. Um
21:12
but it could be other things. Um but
21:14
it's possible to fire people for no
21:16
cause.
21:17
Um all all of those issues kind of get
21:21
worked out um
21:22
whenever the case
21:24
settles where your
21:26
new lawyer will have to reach an
21:28
agreement with the old lawyer about
21:31
you know, basically splitting the fees.
21:33
But the important thing is to understand
21:36
that it doesn't cause the total fees to
21:38
go up. What should you do after an
21:41
18-wheeler accident in Houston? Well, if
21:44
it's
21:45
more than just a minor hit where where
21:48
you're not hurt
21:50
and it's um a situation where you're
21:52
going to have to pursue a claim, then
21:54
you need to hire an attorney quickly.
21:57
And the reason why is because evidence
21:58
will go away over time um and so like
22:02
you want to get a person even out to the
22:04
scene uh to go get pictures of the skid
22:07
marks maybe or you know, maybe you want
22:10
to get some information from the black
22:12
box of the 18-wheeler.
22:15
Um there's a lot of things that
22:18
um
22:19
must happen very quickly or you know,
22:23
the information could go away.
22:25
And your case is only going to be worth
22:28
whatever, you know, the proof is that
22:30
you have to support it. Um and um so if
22:34
you don't hire someone quickly, then a
22:36
lot of that proof will be gone.
22:39
How much do Houston truck accident
22:42
settle for?
22:43
Guys, here's the truth. They settle for
22:47
the most amount of money that we can um
22:49
get on the case. Um and that typically
22:53
is uh based upon whatever the proof is
22:57
that we have. So you have you know, on
22:59
one side of a scale all of the proof, um
23:03
which in the courtroom is called
23:05
evidence on this side. And And this side
23:08
is sort of like how much is that worth?
23:11
Um so, you know, over here you might
23:13
have facts about who's at fault. Um you
23:16
might also have
23:18
you know, how much were the medical
23:19
bills, um how hurt is is the person. And
23:23
over here you have um you know, how much
23:27
money would it take to compensate.
23:30
That's how much they're worth.
23:32
I do feel like there uh is a little bit
23:34
of a general
23:36
misconception that's out there. It used
23:38
to be worse. I I've kind of noticed it
23:40
that like the people that absolutely
23:43
hate attorneys and especially ones that
23:45
do car wreck cases, they, you know,
23:49
there's some people out there that think
23:51
that all we do is out there lying and
23:54
like hustling and like we're some kind
23:57
of like sleaze bag operation or
23:59
something like that. And um guys,
24:03
there's no way that would work because
24:05
if you go into the courtroom and you're
24:06
in front of a group of of strangers
24:09
who typically are, you know, very
24:13
suspicious of your claim. And also you
24:17
have the burden of proof.
24:19
It doesn't work to bring,
24:21
you know, fake cases or, you know,
24:25
it also never works to
24:28
lie about facts.
24:30
If you're wanting to waste a whole bunch
24:32
of time on a case,
24:34
lie about facts because what's going to
24:36
happen is the other side's going to
24:38
catch you and it's going to ruin your
24:40
case.
24:41
Um so, you know, we just try very hard
24:44
to
24:45
tell the story of what happened in a way
24:49
that people can hopefully understand.
24:51
The worst thing you can do is
24:55
lie about things or be sleazy or things
24:58
like that because it undermines your
24:59
case. Episode number two.
25:02
Um,
25:03
well, so if you're hearing this and
25:05
you're kind of wondering about like what
25:06
in the world kind of podcast was this
25:09
that I just listened to,
25:10
what we're doing right now is we're
25:12
doing clips. So this is not really sort
25:16
of like intended for people to
25:18
necessarily hear the whole thing from,
25:21
you know, start to finish. Um, but
25:23
instead what what we're doing is we're
25:25
hopefully finding some clips that are in
25:28
here that um will be helpful. So, you
25:31
know, if you made it through the whole
25:33
thing, um congratulations. Um,
25:36
uh and my apologies at the same time.
25:39
I mean, some people may just want to see
25:40
me for 30 minutes straight. Um,
25:43
maybe. Maybe. I mean,
25:45
I I I don't know if anyone
25:49
in our universe um would uh
25:53
care that much to see me for 30 minutes
25:55
talking about this, but possibly.
25:57
Possibly.
25:59
Maybe maybe if it's like a stalker or
26:00
something like that.
26:02
You know what? But like stalkers are
26:04
never like super hot. Um, that's the
26:06
problem. Like why can't there be like
26:08
like why can't I get like a
26:10
supermodel stalker
26:13
or like
26:14
or, you know, like a
26:16
multi-millionaire
26:17
s- um
26:19
um
26:20
model
26:22
also stalker. No, actually that that'd
26:24
be worse. Actually, if you think about
26:27
it, that'd be really scary cuz they
26:28
they'd be cuz they'd be able to finance
26:30
their like stalking of you. You'd be
26:32
somewhere and then they'd they'd fly
26:35
their private jet in and like show up
26:37
and like, "Hi!" And you're like, "OH MY
26:39
GOD, NO!" AND NO.
26:42
YEAH. YEAH. YEAH. YEAH. YEAH. YEAH,
26:44
EXACTLY. Like yeah, and then that's
26:45
actually that's
26:48
I don't care You know one thing that I
26:49
don't care about about um which I I had
26:52
someone ask me about this.
26:54
Um
26:56
if the person that I'm that
26:59
I'm dating
27:01
um has
27:02
money or you know a
27:05
successful job um
27:07
I don't care about that at all. I mean
27:09
what what I care about is a person um
27:12
you know are are they honest? Are are
27:14
they nice? Are are they stable?
27:18
Um are they a good companion?
27:21
Nowhere in that do I care how much a
27:24
woman makes or if they're a boss woman
27:26
or any of that kind of stuff. I don't
27:28
care about that. Um I just thought I'd
27:30
throw that in for that that that person
27:32
who wanted to like hear this 30-minute
27:34
long thing. Yeah. I mean I don't care
27:36
about that either. Um
27:38
I mean I'm not clingy because
27:40
I I I get the other I I get like
27:43
the opposite like
27:44
you know
27:46
Like like it shocks me cuz I'm like I
27:49
feel like I'm pretty like
27:52
affectionate and they're like you're not
27:53
affectionate enough and you're like how
27:55
much more affectionate do you want me to
27:57
be? Like what what do you want what do
27:59
you want me to do? Like hump like hump
28:01
your leg as as as you're walking down
28:03
the hallway or something like that?
28:05
Um
28:07
It's kind of
28:09
Yeah. No, I don't I mean so I mean but
28:12
anyways um to the one person who watched
28:16
this all the way through and you're
28:18
trying to get some little insight um
28:22
over something who who cares you know
28:24
about me but anyways I appreciate that
28:26
and I also wanted to say I love you.
28:29
>> [laughter]
28:30
>> So remember if you're in a car wreck
28:33
do it right. You can get Brian White.
28:35
Please like and subscribe and share.
28:37
Thanks for tuning into the Brian White
28:39
Podcast. [music]
28:40
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28:41
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28:43
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