Question: In May 2007, my 25-year-old sister was killed in an accident in which two vehicles were involved. She was standing near a bus stop. Another person was also killed. We were told that one of the vehicles was not insured. The other driver, who, according to the police report, caused the accident, was insured. My family is anxious for a settlement before the three-year time limit runs out.

Seven months ago, the insurance company investigator questioned us. He focused mainly on the cost of the funeral. We have since written to the insurance company making it clear that our loss is much more than the cost of the funeral. When we call the company to get an update, we hear that the driver is still unconscious. They are unable to get a statement.

My questions are:

1. Should my family be penalised because the insurer cannot get a statement from the driver? Suppose he had died?

2. What settlement should we expect?

3. Can the driver of the other vehicle be sued?

4. Can the government be sued since it is our understanding that the vehicle had been operating for some time without a licence?

novelbambi@hotmail.com.

Answer: You have not asked the most important question: What is the most effective way for my family to get compensated for the death of a relative who was killed in an accident? Personal injury claims (the term includes fatal and non-fatal injuries) should be handled by lawyers. Lay persons - you and me - do not have the training, experience or the skills to deal with them. This is a specialised area of law - much in the same way that criminal, taxation, labour and family law are areas in which members of the legal profession specialise. Your first order of business should be to find an attorney who is competent to handle your family's claim. He (or she) would study information about the accident and negotiate a settlement with the insurers of the driver and/or other parties who were at fault. That job could also include seeking a remedy in court. An out-of-court settlement is not always possible and could be a long, drawn-out affair.

poor experiences

Some persons have told me that they have had poor experiences with lawyers. They are in the same boat as those who complain about the poor quality of service that politicians, members of the police force, doctors, pastors and employees in the public and private sectors deliver. Because you and your family do not appear to have any experience with attorneys, I will list a few things you should consider doing when selecting one. The advice was obtained largely from the consumer guide of the American Bar Association (ABA) (http://www.abanet.org/publiced/Chapter1Final.pdf).

The Jamaican Bar Association, based on its website is not as friendly to the users of the legal service as the ABA. I have also used some of my experience in dealing with attorneys on a wide range of issues as another source of information.

Do not rely solely on what you have been told: The lawyer's job is to help you solve your problem. You should feel comfortable with him or her. Make a judgment based on your interaction with him (or her), the expertise and experience he brings to the problem, not just on the say-so of a trusted relative or friend, or the fact that you know him (or her) socially. Decisions based only on social contacts have a way of producing nasty surprises on a professional level sometimes.

Meet with the lawyer before making a selection: A lawyer will meet with you briefly or talk with you by phone so that you can get to know each other. The meeting offers you a chance to get more information before making a decision. In most cases, no fee is charged for the initial consultation. However, it is wise to find this out before the meeting. Some persons may feel intimidated or become nervous during the meeting. Do not allow this to happen. Prepare for the meeting and remember the old saying: "he who pays the piper calls the tune." Pay very close attention to how carefully he listens. Some lawyers are highly skilled talkers but very poor listeners and doers.

Things to talk about during the meeting (in addition to your four questions): Ask about the lawyer's experience and areas of practice. How long has he (or she) been practising law. What are the most common types of problems that he handles? Are most of his clients businesses or individuals? How are fees charged - by the hour, by the type of case, or a percentage of the amount won? if the latter, what percentage? Can the fees be financed? What is the possible outcome of the case? What is the estimated time for completion based on an out-of-court settlement or if the matter goes to trial? How will you be kept abreast of the matter, and by what means? What can you and other members of your family do to speed up the process and to reduce costs?

have no fear

Do not be afraid to ask questions. Talk with more than one lawyer before you come to a decision. Lawyers, like other professionals and businesses, operate in a market economy. Finally, if you know about information technology, look around the lawyer's office and ask questions to find out how it is being used to manage operations. If there are big stacks of files lying on desks, filing cabinets or the floors, this should tell you about the type of service you can expect, especially if you are dealing with a one-man practice.

Happy hunting!

Cedric E. Stephens provides independent information and advice about the management of risks and insurance. If you need free information or counsel to help you solve a problem, write to The Financial Editor or contact Mr Stephens directly at aegis@cwjamaica.com. You may also send him a text (SMS) .

Traffic acidents scenes like these are common in Jamaica.