Navigating Legal Traps in Personal Injury Claims: Expert Tips from Dennis Beaver

Published Date: 05/21/2024

Navigating Legal Traps in Personal Injury Claims: Expert Advice from Attorney Dennis Beaver

When you’ve been in an accident, your first instinct is often to call for help — an ambulance, the police, or your insurance company. But for many Californians, the next phone call is to a personal injury attorney, often one they’ve seen on TV or a billboard promising big settlements.

In a recent Insurance Hour episode, host Karl Susman sat down with seasoned attorney Dennis Beaver — a civil litigator and long-time consumer advocate — to discuss the hidden pitfalls that await unsuspecting clients in the world of personal injury claims.

What began as a conversation about car accidents evolved into a masterclass on how consumers can protect themselves from “billboard law firms,” misleading advertisements, and questionable legal practices that could leave them financially and emotionally stranded.

Here’s what every Californian should know before signing that retainer agreement.

The Rise of the “Billboard Lawyer”

Beaver began practicing law in the mid-1970s, long before personal injury ads flooded daytime TV. Back then, cases were often settled fairly, and lawyers earned their fees through negotiation and trial work — not high-volume advertising.

Today, things look different.

“It’s a multi-billion-dollar business,” Beaver said. “When you see these ads on television, they don’t come cheap. And many of those firms are mills — personal injury mills. They sign up anybody, everybody.”

According to Beaver, these firms often operate more like assembly lines than law offices. After a car accident, a potential client may call one of those catchy phone numbers — “Call 1-800-I’ll-Sue-For-You” — and within hours, an “investigator” (often not even a lawyer) arrives with a retainer agreement ready to sign.

What Happens Next: The Personal Injury “Mill” Model

Once the paperwork is signed, clients are often referred to a network of chiropractors and clinics aligned with the law firm. These providers begin treatment immediately — sometimes before police reports or liability determinations are complete.

The goal? Max out the client’s medical payments coverage (MedPay), often around $10,000.

Beaver warns that this rush to treatment can leave clients exposed:

“They’ll send you to doctors you don’t need. They run up bills before anyone has even confirmed who’s at fault. And if it turns out the accident was your fault — goodbye. They cut you loose.”

In those cases, the client is left holding the bag — with thousands in unpaid medical bills and no legal support.

Susman was incredulous:

“Wait — they can just abandon the client?”

Beaver’s response was blunt:

“Absolutely. It happens all the time.”

The Hidden Dangers of Premature Treatment

Beaver explained that personal injury mills prioritize fast settlements over justice.

Because they operate on volume, they rarely take cases to trial. Instead, they pressure clients into quick settlements — often for less than the claim is worth — just to keep cash flowing.

This assembly-line approach often leads to inflated medical bills and poor treatment decisions. Chiropractors or clinics connected to these firms may recommend unnecessary visits or therapy simply to increase the claim’s value on paper.

“They’re not thinking about your recovery,” Beaver said. “They’re thinking about your value as a file.”

But when insurance adjusters see exaggerated medical reports — especially following low-impact accidents — they push back hard. “If it’s a true fender bender,” Beaver explained, “most insurance companies aren’t going to accept huge medical bills. They’ll assume the treatment’s excessive.”

That’s when many law firms walk away, leaving clients responsible for the overinflated medical expenses.

Liability First, Treatment Second

Both Beaver and Susman agreed that the first step after an accident isn’t to find a lawyer — it’s to establish liability.

“Before you incur expensive treatment,” Beaver warned, “make sure the lawyers have determined who’s at fault and whether there’s coverage.”

In other words: don’t sign up for months of therapy until you know there’s an insurer who will pay for it.

If you’re injured and need care, go to the emergency room or see your primary physician. But resist pressure from lawyers to visit their “preferred” doctors until the facts are clear.

When a Law Firm Abandons You

One of Beaver’s most alarming revelations was how easily some firms can drop clients mid-case.

Every retainer agreement allows an attorney to withdraw “for any reason.” While good lawyers rarely exercise that right irresponsibly, Beaver says large mills do it routinely.

“They’ll just say, ‘Sorry, you’re at fault. We can’t help you.’ And you’re left in the middle of the ocean without a raft.”

He’s seen clients stuck with MRI bills, chiropractic tabs, and diagnostic tests — all unpaid because their lawyer vanished once the case stopped being profitable.

How to Choose the Right Attorney

Beaver’s biggest piece of advice: stay local.

“Hire someone in your town if you can. A local lawyer has a reputation to protect. They live in the community, they go to the same restaurants and stores. They care.”

By contrast, national or regional firms that advertise heavily often have no real local presence — just rented office space with a part-time staffer.

Red flags to watch for:

• You can’t meet the attorney in person.
• Calls go unanswered or are handled only by assistants.
• The firm immediately sends you to a specific chiropractor or clinic.
• They promise quick settlements or huge payouts.

Susman summed it up: “If you’re feeling more anger than pain, maybe it’s not the kind of accident that requires an attorney at all.”

When You Might Actually Need a Lawyer

Beaver isn’t anti-lawyer — far from it. He’s quick to clarify that competent, ethical attorneys play a critical role, especially in serious cases involving:

• Major injuries or hospitalization
• Wrongful death
• Disputed liability
• Uninsured or underinsured motorists

“If you’re badly hurt, you definitely need an attorney,” he said. “But for minor fender benders, you can usually work directly with the insurance adjuster.”

If you’re getting the runaround from the other driver’s insurer, call your own company. That’s what your coverage is for.

“Don’t be afraid to use your insurance,” Beaver reminded listeners. “That’s why you have it.”

What a Good Attorney Looks Like

Beaver contrasted the “mill” firms with what a proper legal relationship should look like.

A good attorney will:

• Return your calls promptly.
• Meet with you personally to review your case and medical bills.
• Keep you informed as the case progresses.
• Work with legitimate medical providers, not a stable of “friendly” chiropractors.
• Prepare you for depositions and negotiations, if needed.

“You’ll know you’ve got the right lawyer,” Beaver said, “because they treat you like a person, not a file.”

Can You Switch Lawyers Mid-Case?

If you’ve already hired a firm and feel uncomfortable, it may be possible to switch — but timing matters.

“If you get out early, fine,” Beaver explained. “If you wait too long, you could end up paying two lawyers. Most retainer agreements have a clause that allows the old firm to claim hourly fees if you replace them.”

The takeaway: trust your instincts. If something feels wrong — if you’re being ignored, overbilled, or pushed toward unnecessary treatment — act quickly.

Research Before You Sign

Before hiring any lawyer, do your homework:

1. Google the firm’s name along with words like “complaints,” “lawsuit,” or “scam.”
2. Check the California State Bar website to see if the attorney has been disciplined.
3. Look beyond ads and ratings. Beaver warns that Better Business Bureau (BBB) grades are often misleading. “You can buy an A+ rating,” he said.
4. Be skeptical of reviews. Many online reviews are paid or fake.

So how do you find someone you can trust? Go old school.

“Ask friends, family, or your local community,” Beaver advised. “Word-of-mouth referrals are still the gold standard.”

The Broader Impact: How Bad Claims Hurt Everyone

Toward the end of the interview, Susman asked how all of this affects the rest of us — even those who’ve never hired a lawyer.

Beaver’s answer was sobering:

“The flood of frivolous or exaggerated claims raises costs for everyone. Insurers pass those losses back to consumers. So yes, your neighbor’s fake injury claim might be part of why your premium went up.”

Insurance, he reminded listeners, is not a profit-making opportunity — it’s a tool for recovery.

“Insurance is meant to compensate for actual losses, not enrich you. It’s not a lottery ticket.”

If a loss is small enough to handle out-of-pocket — say, a $1,000 fence repair or bumper replacement — Beaver suggests paying for it yourself rather than filing a claim that could raise your rates.

Final Thoughts: Protecting Yourself After an Accident

Accidents are stressful, confusing, and emotional. That’s exactly when people are most vulnerable to slick marketing and empty promises.

Beaver’s advice is simple but powerful:

• Take a breath before signing anything.
• Understand who’s at fault and what coverage exists.
• Stay local.
• Keep good records of every conversation and bill.
• Avoid anyone who pressures you into treatment or settlement.

And perhaps most importantly, remember that not all lawyers are created equal.

“There are excellent attorneys out there,” Beaver concluded. “But you have to do your homework. Don’t let a TV jingle decide who fights for you.”