The latest episode of the AZ Big Podcast with Michael & Amy has officially dropped. Episode 75's guest Todd Julian of Burch & Cracchiolo, talks about insurance coverage and limits.
Listen to more of the AZ Big Podcast here.
Transcript:
Michael Gossie
Welcome to the AZ Big Podcast sponsored by Burch and Cracchiolo. I'm Michael Gossie, editor-in-chief at AZ Big Media, and I'm joined by my co-host, our publisher, Amy Lindsey. Today, we're very excited to be joined in the studio by Todd Julian. Shareholder and certified specialist in injury and wrongful death litigation at Burch and Cracchiolo. Todd, thank you so much for being here.Todd Julian
Thanks for having me.Amy Lindsey
Thank you for joining us, that was a mouthful.Michael Gossie
I know.Amy Lindsey
Todd, to start off, tell us what does it mean to be a certified specialist in personal injury and wrongful death litigation?Todd Julian
Well, a number of years ago, the State Bar came up with this category of specialists, just like you have board-certified specialists in medicine. So in different categories of law, they have these specializations and my specialization is personal injury and wrongful death litigation. There's less than 200 lawyers in the state that have that designation in this particular field of law. For me, it took almost 20 years of experience and probably more than 20 jury trials under my belt before I even qualified to take the separate bar exam to be able to qualify for the specialization and then as peer-reviewed by other attorneys to make sure that you meet the qualifications for professionalism and so on. So, it's a pretty rigorous standard, and if you were to, you know, hire a lawyer that's a certified specialist, you can be assured that that that attorney has the experience and the competence necessary to help you.Amy Lindsey
So, it sounds like they have to have some time actually in court, which I think is. The big difference, OK.Todd Julian
Right. And that is a big difference and that's one of the harder qualifications, like I said, to be able to become a certified specialist.Michael Gossie
What attracted you to that practice area?Todd Julian
Well, you know, I started off. I'm actually a third-generation lawyer. My dad was an insurance defense lawyer in Phoenix. And when I started off, I started off on the insurance defense that's defending personal injury claims for insurance companies and things like that and I I did that and I still do some of that work.So, that gives me a good perspective from that side of it, to understand how these claims are handled and settled or litigated if that is the case. Over time, I found it more satisfying to be representing the plaintiffs. The victims of these types of claims and not deal with the bureaucracy of the insurance companies and so on. So, that's where I gravitated towards that. So, now my practice is probably 90% plaintiffs' personal injury and it really is helpful as you gain that experience to be able to navigate those waters and to help people, victims, and their families.
Amy Lindsey
So, when would a person know that they need a lawyer for an injury claim?Todd Julian
Well, the short answer is if you've been injured. You have some type of damage through an accident. It's always best to at least consult with a lawyer. It's one of the few times in our lives that you can consult with a professional free of charge. So, in the personal injury realm, most lawyers will at least consult without charging a fee. You don't have to pay a retainer. You don't have to pay an hourly to find out whether you need a lawyer or should have a lawyer. So, there's no downside.Michael Gossie
To a lot of people, is that do a lot of people know that or do most people assume that hey if I call up a lawyer, I'm gonna have to pay some money?Todd Julian
I'm not sure. I think most people probably understand that at the end of the day, lawyers. I'm not sure. I think most people probably understand that at the end of the day. Lawyers are paid on a contingency fee basis, meaning that they don't get paid unless they recover, and then their fees are on a percentage, usually 1/3 of the total amount of the settlement, but they don't always understand or they may be hesitant to contact a lawyer upfront. Thinking that "Well, maybe I don't need a lawyer". Maybe I can handle this on my own, or I don't wanna have to pay part of my settlement to a lawyer if this is a straightforward case.Todd Julian
It wasn't my fault. I went to the hospital, and I have these injuries but what they don't always appreciate is that the insurance company is not always on their side and there's no harm in consulting with a lawyer up front, it usually doesn't cost anything and it makes a big difference.The harm is if you don't hire a lawyer because I've had clients or prospective clients come to me saying, well, I thought I could handle it on my own. I went and collected all my medical records and I was trying to deal with this insurance adjuster and they're now they're not treating me fairly so now I need a lawyer and I've had to say to them sometime It's too late. I can't undo that mess.
Michael Gossie
Yeah, the train has left the station.Todd Julian
It certainly has. That's sometimes the case.Michael Gossie
So, people who are worried about that. Hey, I'm gonna have to pay a third of my settlement to an attorney if I contact them. What do you say to those people? Do lawyers generally get so much more with the settlements that that the the 1/3 is kind of a non-factor?Todd Julian
Yes, Almost always the case, unless there's something that's just so minimal like a $500 bill or something like that, where I could say, "well, you can make that claim on your own for the $500 and you know something else, maybe for your inconvenience. But beyond that, I can almost always guarantee that by hiring a lawyer we will do all the work in presenting the case and providing the information that the insurance company needs. To properly evaluate the case and at the end of the day, the net recovery to the client is going to be more than they could have gotten on their own without having to do any work. That's the key benefit to that.Michael Gossie
That's a big benefit.Todd Julian
It's a big benefit that a lot of people don't appreciate that you know, another aspect of that that a lot of people don't understand when it comes to the net recovery in a settlement is that it's not just presenting the claim to the insurance company and trying to maximize the amount of the settlement. It's who needs to be repaid out of the settlement.So, almost always in injury cases, there are liens or medical bills that need to be repaid out of a settlement, and that is often the most challenging part of handling a case. Sometimes the settlement is pretty straightforward. When it gets down to who has a right to be repaid, whether it's the health insurance that pays the medical bills or the healthcare providers, the hospital that may claim a lien or right of reimbursement, that is very, very complicated. And in fact, most lawyers don't fully appreciate that aspect of the settlement, and it makes a big difference in terms of what goes into the pocket of the injury victim.
Amy Lindsey
So, we hear a lot about discount lawyers. Can you explain what a discount lawyer is?Todd Julian
Well, I just saw that commercial on TV this morning as I was having breakfast. I tell clients that you get what you pay for. Ok. So, most Attorney fees on a contingency fee basis are a standard one-third. OK. And that's normally what I would charge. So, I I tell folks that you know you're going to pay me the same thing as you would pay some advertising lawyer in the side of a bus, except you're getting a certified specialist that actually has been to trial and and knows how to settle these cases and has the experience on the defense side. Usually for the volume lawyers, the advertising lawyers and the discount lawyers. The reason why they can do that is because they don't really have lawyers directly involved. They've got paralegals and case managers.Amy Lindsey
You mean, I don't get to go see the person that's on the side of the bus?Todd Julian
Sometimes you do, but really, by and large, it's a volume business where and I don't mean to discredit my colleagues that advertise cause I know a lot of them are fantastic lawyers and they do provide a service to folks but in terms of having someone that can go the distance and try the case if necessary. Now, I'll tell you that 98% of the cases settle as they should.Amy Lindsey
98%?Todd Julian
Close to 98%. Yeah. As they should for different reasons but you maximize your settlement by having someone that is either willing and capable of trying a case. That understands the issues and knows how to present it. Ideally for settlement to give that information to the adjusters or the insurance companies or if you have to file the lawsuit and do the discovery and litigate the case and then it's putting pressure on them that you will go to trial if you need to. You don't want to. You want to settle and most of them do.You know, that's sometimes the downside of the discount lawyers is that I've done the defense side of it, the insurance defense side and it is remarkable to me that the advertising lawyers I usually don't see them on the other side because they settle the cases and they probably settle for less than what I would consider to be full value. The defense side of IT insurance defense side and it is remarkable to me that the advertising lawyers I usually don't see them on the other side because they settle the cases and they probably settle for less than what I would consider to be full value.
Michael Gossie
Todd, we have a million questions for you. But but before we get to them, I have to say 2023 is the year to contact Burch and Cracchiolo for all your legal needs. Burch and Cracchiolo is a time-honored full-service law firm made-up of 40 of the state's best attorneys. They can partner with you no matter the challenge or New Horizons on your radar. Contact them today at BCAttorneys.com. That's bcattorneys.com. Todd. You talked about working in the insurance realm. Let's talk a little bit about how insurance plays a role in personal injuries.Can you explain how automobile insurance coverage impacts personal injuries and the claims that go with them?
Todd Julian
Sure. So, lots of times we'll ask people, you know, do you have insurance or what kind of insurance do you have? And they say, well, I've got full coverage, but they don't understand what that means. So, if you look at your insurance policy or that first page called the declarations page or deck page and it has those numbers on it, it would be 25/50/25 or 100/300. Well, what does that mean? So, usually when you look at that deck page the first number on there 100 or the 100/300, the 100 is the liability. That is what your insurance company will pay if you are liable for causing an accident.The 300 is the total amount that your insurance company will pay per accident, so you have 100,000 per person, 300,000 per accident, and that's the liability coverage, OK. What's full coverage? Well, that usually means comp and collision, that means if you have your own insurance and your car is involved in a wreck or it's stolen or whatever it is, that's the full coverage to cover the property damage to your own car. Regardless of who is at fault.
Now the most important insurance that most people don't understand is the. Now the most important insurance that most people don't understand is the uninsured and underinsured motorists, that's, UM, UIM. Okay, what is that? So, Uninsured means if the other driver doesn't have any insurance at all, and underinsured means they may only have the minimum limits of $25,000. That happens all the time as another driver runs through a stop sign or whatever it is. You're injured and they don't have any insurance. Well, you don't have any remedy unless you can go back to your own insurance company, pay an extra premium. That's not very much.
It's the best insurance you can buy for the money if the other driver doesn't have enough insurance or any insurance. You can turn to your own insurance company and they will pay for it. One important thing I've had people say is, "well it's not my fault. I shouldn't have to make a claim on my own insurance, that's not fair. Well, the truth is, you're paying the premium for that. OK, so if the other driver doesn't have any insurance or doesn't have enough. It's OK to turn to your own insurance, and by law, they're not allowed to bump your premium or cancel anything like that. The other thing that's so critical about that, UM, UIM coverage is that it not only applies to you as you're driving a car. If the other driver is at fault and doesn't have enough insurance. It applies to you if you're a passenger in another car, it applies to you. If you're driving someone else's car. Remarkably, it applies to you if you're not even in a car.
Amy Lindsey
I didn't know that, OK.Todd Julian
Yeah, that's you're a pedestrian, and you'll get hit by another car, the insurance applies.Amy Lindsey
So really the insurance is on you. Ok? I didn't know that.Todd Julian
So, it's personal, it's portable. I had a case not too long ago, where the kid was riding his skateboard and he was hit by a hit-and-run driver.Amy Lindsey
OK.Todd Julian
Long ago, where the kid was riding his skateboard and he was hit by a hit-and-run driver. He said. Well, I wasn't in a car. I don't even have a car and so he didn't even have auto insurance but here's the other part about the underinsured motorist. It also applies to family members. So I said, well, does your mom have a car? Yes. Okay, well his mom's uninsured motorist coverage covered the kid when he was hit by a hit-and-run driver on a skateboard.Michael Gossie
My gosh.Todd Julian
I say it's the best insurance that money can buy and you always want to make sure that you got it, cause it it covers you your family regardless of where you are, if you're involved in a car accident.Amy Lindsey
Well, I don't know the percentage, but I'm sure it's pretty drastic of people that are driving in the state of Arizona without insurance.Todd Julian
True and the insurance is mandatory but even still, the minimum limits they just raised it from 15,000 per person to 25,000 but if you think about it, $25,000 does not go very far in terms of medical bills, pain and suffering, and so on. So that's really still the minimum limits are very much minimum.Amy Lindsey
So, I kind of hear that really the minimums probably you want to be looking at something higher than that anyways.Todd Julian
Yes, I mean for yourself both to protect you on your liability side but then you want to have that UIM under your motors in the same level to protect you from the other driver that doesn't have enough insurance.Amy Lindsey
That's great advice.Michael Gossie
Okay. So, Todd, I have a couple more questions about your practice, but I can't let you get out of here without talking to you about your adventures. OK, you have a reputation as a seeker of adventure. Can you tell me what's the best adventure you've ever been on?Todd Julian
Oh my. My mom was a travel agent early on and I've I've traveled a lot throughout my whole life and I was single for much of my life, so I really wanted to take advantage of adventures. I lived in Europe for a bit when I was in college, and then when I started working at Burch and Cracchiolo as a young associate, I thought, well, I have to stay nose to the grindstone here.I can't take time off of work and then a friend of mine said, well, I'm going to go to Spain to go running with the bulls and I lived in Spain, so I have to go with you.
Amy Lindsey
See that would have been a pass for me.Todd Julian
Then I was worried about taking time off from work, and I discovered that you know, I was gone for a week. I had this incredible adventure in Pamplona. I came back and no one knew I was gone. So that's my new that was my new MO. So, after that, I started planning trips and just not telling anybody where I was going. So, I went to Zimbabwe for three weeks and on an adventure safari. After that, I went to Nepal for a month and hiked in the Khumbu region near Mount Everest and did all kinds of things like that. Then I also like scuba dive and river rafting, horseback riding, all kinds of different adventures, I guess so I've done those types of things all over the world and South America, and Asia. I've also done hunting and horseback safaris in Africa and New Zealand.Amy Lindsey
Anything else still on your bucket list?Todd Julian
Well, I just got back from the Caribbean. A friend of mine has a catamaran sailboat that he was needed to move from Grenada and the in the southern part of the Caribbean up to Saint Thomas so I said, well do you need a 1st mate? So, I took 3 weeks off from work.Amy Lindsey
Did they know? Don't answer that.Michael Gossie
That's a great adventure.Todd Julian
But amazingly, he was able to get Internet on the boat so I could take my work computer and get some work done while I was sailing. I actually was emailing another lawyer about a case, and I said hold on for a second, I've got a fish on my reel can I call you back.Michael Gossie
So does that adventurous spirit help you in your law practice at all?Todd Julian
Yeah, I think so. I mean, it's always for me on the adventure side of it, it's always been a curiosity, a need to explore, and need to discover and there's a satisfaction to that. I'll tell you, that's one of things I love about the law, too, is that there's always new things to learn, to discover and there's a satisfaction in getting a good result for the client. You know, finally, at a certain point, having some confidence and knowing what you're doing and you're doing it right. So, I like to help other younger lawyers that don't have as much trial experience to be able to handle those cases effectively and competently.Michael Gossie
No. That's great. Well, we're out of time, but I have to ask one last question. So if somebody's been involved in a personal injury accident or or has a personal injury issue. What's the best advice can you give them?Todd Julian
So, if it's a personal injury type of accident, the best advice I could give you is to consult with a lawyer. How do you find a lawyer? Ask people that you know you don't just look at someone on the advertising or anything like that. Ask around just the same as if you're gonna look for a doctor, you would ask around to try and get a recommendation for a doctor that you can trust, and then it's consulting with that lawyer early. There's no need to talk to the other insurance company if you're not a lawyer and you're not a doctor yourself, consult with the lawyer and they'll be able to help you free of charge.Amy Lindsey
So, it sounds like looking for a certified specialist would be helpful as well.Todd Julian
That's also well recommended.Michael Gossie
That's great. And if you're looking for the best in the biz, make sure you go to Burch and Cracchiolo. That's bcattorneys.com. Thank you so much for listening to the AZ Big Podcast with Michael and Amy for the latest and greatest business, real estate, and lifestyle news. Check out the all-new azbigmedia.com and once again, thank you to our sponsors, Burch and Cracchiolo, and Todd. Julian, thank you so much for being with us, It was fantastic.Todd Julian
Thank you very much.Amy Lindsey
Thank you, Todd.