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As long as you understand or an injured individual understands who’s paying the claims person for the railroad or who’s paying the lawyer or who’s paying the lawyer for the plaintiff. Everybody has a potential bias and should disclose it, but we hear horror stories where claims representatives or even lawyers will say don’t hire a plaintiff’s lawyer because you’ll lose everything. And they won’t talk about the cases where the railroad got hit by giant amounts of money or got caught doing things that they shouldn’t have done. Yes, there’s cases that are wins, there’s cases that are losses but scaring people is not the way to do it.
And whether you’re a plaintiff’s lawyer talking about results of what can happen or you’re a claims agent or a railroad lawyer or a railroad nurse, people should tell the truth and say every case is different, and again, that’s why the injured person should ask what about my case. Is this is a case that I’m going to lose because you claim I did something wrong? And if you ask that question, you’ll know whether or not you have a risk. And if you have a risk, go see a lawyer and find out how good the risk or how bad the risk is. But if you only trust the railroad claims person, they’ll lock in all the evidence making something your fault if there is a risk and there won’t be any chance of talking to the witnesses and finding out all the facts that are truthful because the other facts will be forgotten to your loss.
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Saint Paul railroad employee injury attorney William Jungbauer discusses what people should find skeptical from claims agents.