There are thousands of personal injury attorneys available to assist victims who are injured in accidents that are caused by negligent individuals and entities. However, there are vast differences between lawyers. Before hiring a personal injury attorney, interview several and inquire about the following matters.
What Areas of Law Do You Specialize In?
Personal injury lawyers handle a variety of cases. However, many lawyers personalize in specific cases. For example, a lawyer handling commercial truck accidents may handle this type of case exclusively. He or she may be well versed in state and federal laws pertaining to truck driving regulations. He or she may have extensive experience in certain cases and you will not have to pay for the learning curve. Likewise, lawyers who specialize in medical malpractice cases are more likely going to know about accepted standards of treatment in the area.
The lawyer whom you interview can discuss the cases that he or she has handled before and the respective percentage of cases that this area comprises of the practice. Be sure that you ask about how similar cases have ended, whether in settlement or a jury verdict. You may also want to ask for references from past clients so that you can contact them personally and learn about their actual experience with the lawyer.
Do You Have Time for My Case?
Ask potential lawyers about their current case load. Be sure that you understand the demands on the lawyer’s time and whether he or she will be able to provide your case with enough attention to be successful. Ask realistically how much time the prospective lawyer will have for your specific case. Also, inquire how long he or she anticipates it will take before filing suit.
How Do You Charge?
Many personal injury lawyers do not charge clients until there is a settlement or verdict. Many individuals simply do not have the funds necessary to litigate expensive personal injury cases out of their own funds. Likewise, people do not anticipate such accidents. Therefore, personal injury lawyers know that they must fund the case and use their own time without a guarantee of repayment for their services.
The usual arrangement for personal injury cases is for clients to sign a contingency fee agreement. This agreement states that the lawyer will collect a certain percentage of a settlement or judgment, such as one third of the price. If you lose your case, you are not responsible for paying for the lawyer’s services.
Am I Responsible for Any Expenses?
There is an important distinction between legal services and legal costs. Services denote what takes the lawyer’s time, such as research, preparing pleadings and completing discovery requests. Legal costs include those other costs associated with lawsuits, including filing fees, copying expenses and expenses related to retaining expert witnesses. Inquire whether you are responsible for paying any of these expenses upfront or if you will have to repay them if your case is not successful.
Who Will Work on the Case?
Some personal injury firms may present a certain idea in front of a client during an initial consultation but then work on the case differently. Be sure that you know who will be handling the case. For example, legal secretaries and clerks may be delegated a good portion of the caseload. A more experienced lawyer may personally meet with the victim but a less experienced lawyer may be handling many of the legal pleadings. Be sure that you have a clear understanding of who will be completing certain aspects of your case and that you are fine with this arrangement.
What Is Your Trial Experience?
The vast majority of personal injury cases settle. However, it is important that your lawyer be able to take the case all the way to trial, if necessary. If a lawyer does not have a track record of going to trial, this may be a sign that the lawyer only wants to leverage cases for settlement.
Will My Wishes Be Honored?
It is important for you to know whether your lawyer will listen if you believe that a settlement figure is not good enough and if you decide to pursue your case in court. A personal injury lawyer should clearly explain that you are in charge of your case and how it is handled. However, be sure that your lawyer will still choose to continue to represent you if you decide to turn down a settlement that the lawyer believes you should have taken.
