4 Steps to Choosing the Best Personal Injury Lawyer for Your Case
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Talk with friends or coworkers who have been represented by a lawyer in their own personal injury claims. If the friend or coworker says good things to you about a lawyer, put the lawyer on your list of people to consult. But do not make a decision about a lawyer solely on the basis of someone else's recommendation.
The first step in the process of choosing the right lawyer, then, is the research phase. Ideally, you want to start with the names of several lawyers, and, as with the purchase of most other services, personal referrals are often the best place to start.
You want to make sure that the lawyer you hire has experience in the area of law in which you require assistance. There are many practice areas in the legal field, and most lawyers tend to handle cases in specific practice areas. Potential costs.
Most personal injury lawyers work on a contingency fee basis. (See " Managing Lawyer Costs & Expenses in a Personal Injury Case ".) This arrangement means that the lawyer's fee is a percentage of what you ultimately receive in compensation. And if the amount you are likely to receive is small, most lawyers won't take on the claim.
Do you think a personal injury lawyer is the right person to handle your case and help you get the compensation you deserve?
The first step toward hiring a good personal injury lawyer is to find someone who specializes in helping clients whose situations are similar to yours.
In most cases, it’s a good idea to hire a lawyer who has a history of taking cases to trial when necessary. Ideally, you won’t need to go to trial and will be able to settle your case out of court.
This is especially important if you’re dealing with a large case and serious injuries.
Look for a lawyer who is affiliated with professional organizations. This includes state and national trial lawyer groups.
When you’re looking to hire a personal injury lawyer (or any kind of professional, really), they should have plenty of references ready to go.
It’s always best to meet with a lawyer before you decide whether or not you’re going to hire them.
Before hiring any lawyer, contact the lawyer disciplinary agency in your state to confirm that they are in good standing as a member of the bar. For an online listing of each state's lawyer disciplinary agency, review this directory of lawyer disciplinary agencies.
Lawyers know the skill and reputation of other lawyers. Attorneys may be able to provide information about a fellow lawyer that you may not find in a book or online, such as information about a lawyer’s ethics, competence level, demeanor, practice habits, and reputation.
To find out whether a lawyer is right for you, sit down with the lawyer to discuss your claim and possible ways of handling it. Bring copies of all your documents: police report, medical records and bills, income loss information, and all correspondence with the insurance company. Most lawyers do not charge anything for an initial consultation. But before you meet with a lawyer, find out whether he or she will charge you for the first interview. If the lawyer wants to charge you just for discussing whether or not to take your case, go somewhere else.
After you have discussed the facts of your case and the history of your settlement negotiations with the insurance company, you may be able to get some sense from the lawyer about how much your personal injury case is worth, and how difficult it may be to get the insurance company to pay that amount. This is when you should let the lawyer know which of the following you want him or her to do for you: 1 obtain a certain settlement amount for you with as few costs and as little hassle as possible 2 obtain an amount higher than what the insurance company has offered as soon as possible, or 3 obtain as much as possible, no matter how long it takes.
Referral Services. Most local bar associations have referral services in which the names of lawyers are available, arranged by legal specialty. There is a wide variation in the quality of lawyer referral services, however, even though they are supposed to be approved by the state bar association.
There are several ways to get referrals to experienced plaintiffs' personal injury lawyers. Once you get referrals, be sure to comparison-shop. Get the names of several lawyers and talk or meet with each of them to discuss your claim before you decide to hire someone. And be prepared for rejection.
Most lawyers do not charge anything for an initial consultation. But before you meet with a lawyer, find out whether he or she will charge you for the first interview. If the lawyer wants to charge you just for discussing whether or not to take your case, go somewhere else.
It's normal for more than one attorney in an office to work on the same case, and to have less experienced attorneys handle routine tasks. Find out which lawyer would have responsibility for the case and which lawyer you would be dealing with directly.
You do not want to be represented by someone who has experience with personal injury cases but who has primarily been a lawyer for defendants. Their way of thinking may be too closely tied to the attitudes of insurance companies and they might not fight as hard—consciously or not—for your claim.