Introduction
Thus, if you are injured in an incident that another person recklessly caused, your personal injury attorney will be your sheepdog, your shaman and your Samson, putting you on the right path to navigate what can be complicated claims and proceedings, and fighting like hell on your behalf with the insurance companies and before the courts to the fullest extent possible – ideally, a life-changing experience. But finding your shepherd is no easy task, especially if you’ve been taken down by your injury and are struggling with the stressors – the understandably, but drainingly, stressful aftermath – for months.
This guide allows you to analyze a personal injury lawyer and find other tips on how to evaluate credentials and how fees are calculated so you can choose the right personal injury lawyer for your case.
Why You Need a Personal Injury Lawyer
A personal-injury lawyer is a lawyer who represents and advises persons who claim to have been injured as the consequence of an accident, regardless of whether such an accident is the result of negligence (the act of failing to exercise a reasonable degree of care when expected to do so to avoid causing injury) or of medical malpractice. Here is why you should definitely do this.
Expertise in Personal Injury Law:
Personal-injury law is arcane (and varies state to state): the good lawyer knows it front to back, because he masters its intricate detail – its language. He speaks it far better than you ever could.
Maximizing Compensation:
This applies with insurance in particular, in which they have an incentive to settle for the lowest amount. The law is on your side when it comes to getting an attorney who knows where to push the settlement.
Handling Legal Procedures:
They can be quite pointed with their questions and, when they have had a bad day they are prone to complaining about inconveniences, but sit down with a client about whose brain injury has turned their life upside down and you won’t hear them complain very long. Claims forms, witnesses and medical notes, deadlines and demands – without counsel, it’s all-consuming, 24/7, with many more than 24 hours to spare. How are you supposed to heal if you are obsessing about all that?
Providing Peace of Mind:
Similarly, you know you don’t need to police anyone doing a bad job of it, who will simply throw in the towel after a few half-arsed efforts: that expert, when you remain composed, remains wholly at your disposal, and so does the ensuing peace of mind at a job well done.
Key Qualities to Look for in a Personal Injury Lawyer
If you are faced with a situation requiring the aid of a professional who will defend you, you will not have a choice – you are going to have to hire a lawyer. There are a few characteristics that you will have to take into consideration when deciding on who to help represent you.
- Specialization and Experience Not every lawyer will be the right lawyer for you. Consult a lawyer about-law who has years of experience dealing personally with personal injury cases, and who aggressively succeeds at cases like yours. Tip: has the lawyer represented anybody with an injury like yours or whose case is similar (auto versus slip and fall versus malpractice case)?
- Strong Track Record of Success The most relevant things from the past that you need to know about what a lawyer can do in your case are: what was his or her past record? The good lawyer’s record will of course say that she or he has a record of winning many cases and getting large settlements or jury verdicts for clients. Tip: Don’t be shy about asking: ‘What do you reckon my odds are?’ This simple question is good – a competent proctor will have a very good sense; he or she will talk confidently, even optimistically, about your chances and your big wins.
- Excellent Communication Skills Your lawyer needs to communicate effectively. Your lawyer needs to return phone calls, respond to your letters, keep you informed of the litigation, translate legalese into your tongue. Tip: Look for cues about the lawyer’s style in the initial consult, preferably in person. Did she pay attention to your concerns and make an effort to explain her answers? If so, this might be a good prognosticator for how she will interact with you going forward.
- Client Testimonials and Reviews Good reviews and testimonials from their customers, though, I think are by far the best proof that the same lawyer is good. Tip 7: Review the lawyer’s online reviews (Google, Yelp, Avvo, etc) to see whether patterns emerge as to whether the lawyer is responsive, professional and effective.
- Transparent Fee Structure it is important to know how an attorney will be paid and most of personal injury lawyers work for a contingency fee, which means if you lose the case they do not pay anything at all. Note: you want to know what proportion of the fee you will have to pay. Also, if your case doesn’t settle, what will happen with any costs you have had to pay up front: will your lawyer want you to repay them? Are there court fees, which will have to be paid – and what will happen to those and to those other sums if your case doesn’t settle? As to what you have to pay – no surprises.
Steps to Finding the Best Personal Injury Lawyer
They might be shopping for something, choosing a new family dentist, deciding on the best person to sue after a near-fatal accident; they might be facing any daunting problem – still, they follow five steps custom-tailored to their specific needs: (1) define the problem (2) frame relevant criteria (3) gather intel and appraise alternatives against criteria, and ask the right questions (4) make an informed decision (5) celebrate.
- Start with Referrals Friends, family and colleagues are always a good first port of call – and the best kind of advice comes through a recommendation. Tip: Get a lead or referral from someone (if you can, get more than one), and then do your homework to be sure that the lawyer you hire does seem to be a match for what you need.
- Research Online And now that the right to practise is liberalising the ‘mashups’, go to ‘Look Mum, no hands!’: directory of lawyers site by site at Avvo, Martindale-Hubbell and Super Lawyers. Al his speciality area, number of years practising, and history of disciplinary action, and whittle down a list of a couple dozen to just a handful for closer investigation.
- Schedule Consultations But they also serve to remind that almost all PI attorneys will meet with you for a free consultation, which gives you a chance to review the facts of your case and see whether you’d want them to be your attorney.
Questions to Ask During the Consultation:
How many years have you been practicing personal injury law?
What is your experience with cases similar to mine?
How will you keep me informed about the progress of my case?
What is your approach to negotiating settlements?
Can you provide references from past clients?
Hint: if you’re meeting with an attorney who might do work for you, this is your chance to get a vibe about him or her – what his or her attitude is to you, and what sort of professional and personable mixture you’re likely to find in him or her, and whether or not you’d enjoy having such a person on the other side of your case. A good lawyer isn’t going to lead you to a decision now.
- Evaluate Credentials and Disciplinary Records Don’t divorce just yet if you wanted to: first, schedule consultations with at least two lawyers in your area, and ensure that your lawyer is admitted in your state (if you are getting a divorce), and does not have a history of disbarment or suspension (a search function on your state bar association website might usually allow you to find this information online). Disclaimer: Membership in an injury association for personal injuries or an additional award of the legal qualifying service also needs to be investigated.
- Assess Case Management Practices But what you can discover about how the lawyer works up cases will allow you to guess at what you’ll have later: ask, for instance, who will be dealing with your case – the lawyer you see – or will it be a grunt-worker associate? Tip: Figure out at the start whose time you are purchasing: for your dollar you will get the most if you can deal with the lawyer directly, not with paralegals or junior attorneys: you want to speak with the top.
Red Flags to Watch Out For
The dead giveaway is someone who takes and wings or jets too much, or who tells you he will always get you this quick settlement or that one you do not have to struggle for. It may be wise to fear you have a rent-a-Da Vinci, too, if he boasts about his emails.
- Unrealistic Promises Be careful with an attorney who promises you an outcome – or, for that matter, any kind of outcome at all – or makes a declaration of the size of your settlement before that attorney has had a chance to look at your case. Prompt: you will not find a statement in any contract with an attorney that he or she promises to secure a win in your case. An attorney cannot guarantee a result. An honourable lawyer will review your case from all perspectives and communicate the pros and cons for each side of your case.
- Lack of Transparency About Fees Another red flag is when a lawyer avoids discussing the cost, or says only ‘No problem, OJ Simpson.’ Or, ‘I never discuss costs! That’s something I handle at the end of the case,’ or, ‘What do you mean that’s a lot of money?’ Cost issues need to be on the table; fees and your understanding of how you’ll be spending your money are worth a conversation. To illustrate: A few days later, a good lawyer supplies you with a clear fee agreement, outlining how and when you’ll be paying for her services.
- High-Pressure Tactics You should be suspicious of the lawyer who is in a rush, who says: ‘Sign here, sign here, sign this here,’ before you can go out for lunch. You should avoid like the plague the person who says: ‘Look, I suggest that the deal is done . . . and because I want to stop here for come with you? I’ve got something on my mind and I’d like to explain it to you, and I’m going to have a terrific steak.’ You should be extremely suspicious. As close as you can, say:’d like a little time to think about this, a little time to look at this with some clarity, and I want to have a second opinion.’ Making a tip: A good lawyer will let you make your choice in your way, without being condescending to you or cutting you off, and make sure you do it knowing what you’re doing.
How to Work Effectively with Your Personal Injury Lawyer
So if you do make a choice, what can you do to maintain goodwill with your chosen family lawyer, and help to ensure the best resolution for you and your matter? Here is how.
- Be Honest and Provide All Relevant Information Importantly, be honest with your attorney at this stage. The more you can tell your attorney, and the more you can give her to tell ‘the story’, the better. Give her everything you have about your particular claim. Medical records, police reports, accident investigators’ statements, witnesses’ statements, letters to and from the insurance carrier should all be included. The lawyer for Ophelya was dark good looking: lying down he was like a little Sodom of Jerusalem; now he stood erect and his drunken glossy beard bristled. Ophelya’s lawyer shouts: ‘You’re out to luncho, Sah! There isn’t nothing don’t prove she ever hit.’ The Judge says: ‘Why rocky the cockroach, Mr Walden?’ The black man who came in to bludgeon Ophelya Cut all the gates for himself!But anyway Ophelya’s lay-er said: ‘No no no!’ And the dry boot of him stamped.
- Follow Your Lawyer’s Guidance The lawyer will tell you what you should – and shouldn’t – do (for example, don’t write anything on your Facebook page in relation to the accident; or don’t st medical treatment assigned to you by your doctors).
Tip: Following your lawyer’s advice closely can prevent missteps that could jeopardize your case.
- Communicate Regularly St, they say; you have to be able to hear your lawyer while your door is shut: Finally now your lawyer’s door must be kept open: You must be able to call your lawyer at any time and at any moment with whatever questions and concerns you have, and you must be called back and kept regularly updated as your lawyer does their job. You must remain as informed and as engaged with your case as possible. Top tip: Agree in advance which typefaces, how, and when you will communicate, so you don’t leave each other ‘on hold’. Once you’ve started, keep each other updated about how the routine is going.
Conclusion
Truth be told, notwithstanding any and everything else you do to handle your injury case well, choosing the right lawyer will have more of an impact on the outcome than any other act whatsoever. When you ask questions like whether the lawyer is truly specialised, with real experience and is a good communicator and transparent person, you’ll select the right lawyer for your case. It’s not about whether the lawyer will win. It’s about all of that, and about how you feel good about the fight that is ahead.
Study up, ask questions and choose among the possibilities – and with an attorney working the personal injury pyramid, you may just get what you deserve.