Choosing A Personal Injury Lawyer

Meeting with a personal injury lawyer is important in determining if they are the right fit for you and your case. Most personal injury lawyers offer free initial consultations.

Following a motor vehicle accident, most people find a personal injury lawyer by asking friends, family, health care providers, browsing through the yellow pages, or searching Google. It is not a decision to be taken lightly. Choosing the right attorney can make a huge difference in the outcome of a personal injury claim. While word of mouth from friends and family is often the best way to find an attorney, it is important to find the right attorney for injured person. Most personal injury attorneys offer free consultations and advertise that if they do not make a recovery for the client’s case, they will not charge any fee. If the claimant was not at fault in the accident and has injuries that require medical treatment, an attorney will be happy to meet with them and after discussing the claim with, explain how he or she would provide excellent representation and maximum financial recovery for the claimant’s case. An important factor in determining which attorney to choose is the comfort level with the attorney. Would you feel comfortable working with attorney and believe they would do a good job for your case? Some attorneys may proclaim to provide aggressive representation and protection of client rights, but their client service during the development of the case may be lacking. They may not devote enough time to the case, focusing instead on larger cases or meeting with prospective clients, leaving the client discouraged and dissatisfied. Make sure the attorney has the time and staff to actively assist with the case.

While the presentation of a injury claim and court proceedings may be handled by the attorney, often they will have staff, such as a paralegal or legal assistant, that can assist with such tasks as: handling the property damage claim, towing bill reimbursement, obtaining loss of use damages if no rental vehicle has been provided and the claimant’s vehicle is inoperable or is in the tow yard or repair shop. Insurance companies can even provide reimbursement for claimant damages such as a vet bill, if the claimant’s pet was shaken up in the accident, which the claimant’s attorney’s staff may be able to assist with handling of the matter. Liability for a motor vehicle accident has two components: (1) property damage, and (2) injuries. Most attorneys only charge a contingency fee for the injury portion of the claim, which would include but is not limited to damages such as: medical bills, lost wages, and general damages (the claimant’s pain, suffering, and inconvenience) resulting from an accident. However, they or their staff may be able to assist with portions of the property damage claim.

Experience is a very important factor when deciding which attorney to choose for a personal injury claim. Choose an attorney who has expertise in the area of injury and dedicates their practice to personal injury. Many personal injury attorneys focus on auto accidents, bicycle and pedestrian accidents, semi-truck accidents, bus accidents, and motorcycle accidents, while other personal injury attorneys are more specialized focusing on areas such as medical malpractice, workers compensation, or asbestos claims. Some attorneys have a general law practice and handle multiple types of cases such as bankruptcy, family law, and personal injury. However, because their knowledge base and time is spread out over multiple disciplines, it is best to choose an attorney who specializes in personal injury law. Young personal injury attorneys may not be as experienced as older attorneys, but they may pursue the claimant’s case with more vigor and be able to provide more prompt client service depending on their caseload.

Most personal injury claims settle before going to trial. However, going to trial is a very real possibility and a claimant should choose an attorney who has significant trial experience and has had success at trial. Insurance companies are sophisticated enterprises and they will research past jury verdicts in cases involving attorneys, to determine their success rate. If the attorney has had success at trial, the insurance company for at fault party will be more likely willing to settle the claim for favorable terms. Even if the claimant does not have to go to court to fight the case, they should have an attorney on their side that is experienced at trial. Some attorneys seek to avoid going to trial as the case takes on a different dynamic, requiring significant amount of time investment, expense, knowledge of trial procedure and strategy. The attorney may also be motivated by wanted to settle the case more quickly so they can get paid. A claimant does not want an attorney that is overly pressuring them to settle the case for an amount that is too low based on jury verdicts or settlements in comparable cases. Make sure the attorney you choose has the resources and patience that, if necessary, can take your case to court.

Personal injury attorneys typically work on a contingency fee basis. They typically do not charge any fees for their time and services until the case is settled. Once the case is settled, the attorney will then handle disbursement of the funds received from the insurance company, deducting their fees and costs, along with outstanding expenses, and then distributing the remaining funds to the client. Plaintiff attorney fees are typically 33-1/3% of the total recovery. Some attorney’s charge more, some charge less. However, the fee is negotiable and as the old adage says, “you get what you pay for” and a claimant may not necessarily want to start off their relationship with their attorney with contentious negotiations. Some attorneys have an escalating clause in their representation agreement, that if the case goes to trial, their fee goes up to 40% or 50% of the total recovery. This is an important factor as it can discourage going to trial. Some attorneys require the client to pay for some fees up front, such as expert witnesses, as costs at trial can be thousands of dollars. While reducing the risk to the attorney and avoiding the advancement of funds, it can also help demonstrate the client’s willingness to fight their case in court.

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