how to hurry an accident lawyer for a case

^{How To Hire a Car Accident Attorney}

1. Most auto collision lawyers do not charge a fee for consultations. ...
2. Many personal injury attorneys do not charge a fee unless the case is won. ...
3. Ask the collision lawyer what his or her fee will be if your case is successful. Most personal injury attorneys will retain a certain percentage of your settlement.
4. Provide your car accident attorney with any and all information you have about the wreck. ...
5. Don’t expect a quick settlement. Depending on the circumstances surrounding your car accident, it could take months or even years before you receive any compensation.
6. Do your part. The collision attorney you hire to represent you in an auto accident case is only one member of the team.

Full Answer

Do I need a lawyer for a car accident case?

Having the right lawyer on your side can make a big difference in the outcome of your car accident case. Most car accident attorneys charge for their services in a fairly unique way—as opposed to the hourly fee that many firms charge in other types of cases. The typical car accident lawyer will charge a "contingency fee" to take on an injury case.

What should I do when I'm Upset with my lawyer?

For example, if you're upset because of a court ruling, or because the court system is moving your case along slowly, carefully consider whether another attorney reasonably could have gotten a different result.

What if the defendant is to blame for my accident?

If it's obvious that the defendant or one of its employees is to blame for your accident—you've got witnesses who will testify on your behalf, for example—you may find it easier to prove fault, and to get a satisfactory settlement on your own.

How much does a car accident lawyer cost?

So, if you have a 33% contingency fee arrangement and you recover $90,000 in your car accident case, your attorney will receive around $30,000. A contingency fee percentage may vary depending on whether a personal injury lawsuit has to be filed against the other driver (the defendant).

Can the lawyer speed up the case?

Once you get your official release from medical treatment, then you can approach settlement. An attorney can certainly help speed things along when it comes to the negotiation process with the insurance company.

How can I speed up my personal injury claim?

Submit Proper Injury Documentation You may be able to speed up insurance claim processing by providing adequate injury documentation and evidence the first time around. Work with an attorney to collect and submit an appropriate amount of injury evidence for your insurance claim or lawsuit.

How long should it take for a lawyer to get back to you?

A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.

What is it called when a lawyer doesn't do his job?

Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.

How long does it take to get settlement money from a car accident?

If you and the insurance company are able to agree on a fair settlement, the process to receive your check typically takes around four to six weeks. The insurance company will have you sign a release form.

How do you win a settlement?

Have a Specific Settlement Amount in Mind. ... Do Not Jump at a First Offer. ... Get the Adjuster to Justify a Low Offer. ... Emphasize Emotional Points in Your Favor. ... Wait for a Response. ... Know When To Engage an Attorney. ... Put the Settlement in Writing.

How often should your lawyer contact you?

Once a month is a good rule of thumb if things are slow, but if you are preparing for trial or in my case an administrative benefits hearing, the contact with you and your attorney should be more frequent and specifically scheduled.

How long should I wait to hear from a lawyer?

Your Lawyer Is Busy with Other Cases Even if your lawyer is working on another case, they should still get back to you within a day or two at the most. Your lawyer owes you responsive communication, even if you're not their only client. There's no excuse for an attorney who takes weeks to return calls or emails.

Why do lawyers ignore you?

If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.

What lawyers should not tell?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•

Why do lawyers take so long to settle a case?

The reasons a case can progress slowly can be summed up into three general points: Your case is slowed down by legal or factual problems. Your case involves a lot of damages and substantial compensation. You have not reached maximum medical improvement from your injuries (this will be explained below)

How do you get your lawyer to respond?

If you think your attorney is ignoring you, send a certified letter to his office questioning the silence and that you are prepared to find a new lawyer if necessary. This will jolt him into action. He will respond either by saying the two of you aren't a good fit, or he will start being much more communicative.

What does a car accident lawyer charge?

The typical car accident lawyer will charge a "contingency fee" to take on an injury case. A contingency fee means that the firm will not get paid any attorney's fees unless you recover money in ...

What to do if the other driver is at fault?

If the other driver is at fault for your car accident, you'll probably be able to hire a personal injury attorney on a "contingency fee" basis. Find out when it's worth the cost. If you've been in a car accident, and it's pretty clear that the other driver was at fault, you'll be looking for a plaintiff's car accident lawyer ...

What happens if you don't pay your personal injury fees?

If you cannot pay these fees, your case will likely not proceed until there is a payment. Other personal injury firms (typically large firms), will cover all fees and expenses. However, the fees and expenses will be deducted from your settlement or final judgment. Let's say you settled your car accident case for $100,000.

How much do personal injury lawyers get paid?

The percentage that a personal injury lawyer can receive in a contingency fee agreement varies, but typically ranges from 25 to 40 percent, and 33 percent (or one-third) is pretty standard. So, if you have a 33% contingency fee arrangement and you recover $90,000 in your car accident case, your attorney will receive around $30,000.

What to do if you don't understand the contingency fee?

If you do not understand the fee arrangement as stated in the contract, ask your attorney to explain it to you. Also, just like everything in a contract, the fee is negotiable.

What does an insurance adjuster do?

This means the insurance adjuster will work to minimize your damages and try to get you to accept a very low settlement offer —they are in the business of making money, not spending it, after all. In that situation, having an experienced lawyer on your side becomes essential.

Do all cases involve contingency fees?

Not all cases will involve a pure contingency fee arrangement. Lawyers may collect an initial retainer to begin your case and also collect a contingency fee at the end of your case. However, if you recover money, the amount already paid to the attorney should be subtracted from the percentage due to the attorney at the end of the case. For example, if you paid $2,000 to the attorney as a retainer and recover $90,000 in a settlement, the attorney will receive $28,000 from the settlement ($30,000-$2,000 = $28,000).

What to do if your lawyer is unresponsive?

If the lawyer is unresponsive and the matter involves a lawsuit, go to the courthouse and look at your case file, which contains all the papers that have actually been filed with the court. If you've hired a new lawyer, ask her for help in getting your file. Also, ask your state bar association for assistance.

What to do if your lawyer doesn't work?

If that doesn't work, as a last resort you may need to sue your lawyer in small claims court, asking the court for money to compensate you for what you've spent on redoing work in the file or trying to get the file.

What is the agency responsible for licensing and disciplining lawyers?

Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.

What to do if you lost money because of a lawyer?

If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:

What is the defense of a lawyer who is sued for malpractice?

A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument. Legal malpractice cases are expensive to pursue, so do some investigating before you dive in.

What to do if you can't find out what has been done?

If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.

What happens if a lawyer doesn't return phone calls?

A lawyer who doesn't return phone calls or communicate with you for an extended period of time may be guilty of abandoning you -- a violation of attorneys' ethical obligations. But that's for a bar association to determine (if you register a complaint), and it won't do you much good in the short term.

Tip 1: Manage Your Expectations for Compensation

Negotiating the general damages portion of your personal injury claim is challenging because there are no objective ways to measure the “pain and suffering” (non-economic damages) associated with car accident injuries.

Tip 2: Know What Counts as Pain and Suffering

To successfully negotiate a car accident claim, you must know what qualifies as pain and suffering. “Pain and suffering” is a term used for the physical pain and emotional distress you had to endure because of the injuries you suffered due to the car accident.

Tip 3: Support Your Claim with Outside Factors

Outside factors are circumstances surrounding the accident that could easily make a jury more sympathetic if your injury claim turned into a lawsuit.

Tip 4: Tell a Vivid Story of Your Pain and Suffering

Use vivid and descriptive language when explaining to the adjuster how the collision affected you on a personal level.

Tip 5: Describe Your Distress During Recovery

The fear and pain you experienced from the collision were only the beginning of your ordeal, thanks to the negligence of the at-fault driver. Use vivid language when describing your experiences after the car accident and during your recovery.

Tip 6: Link Evidence to Your Pain and Suffering

Simply stating you were completely miserable for a week after the crash won’t get much sympathy from the adjuster. You must justify your pain and suffering claim.

Tip 9: Remember the Adjuster is Not Your Friend

Don’t be fooled by a sympathetic adjuster. They are trained to settle injury claims quickly for as little money as possible. Be wary of friendly “small talk.” It’s one of the tactics adjusters use to get information they can use against you.

What is a multiplier in personal injury?

Lawyers and writers have often talked about a "multiplier" in personal injury cases, used by insurance companies to calculate pain and suffering as being worth some multiple of your special damages. But that is only true up to a point.

Why do the stakes increase when you lose a case?

When losses ("damages" in legalese) are significant, the stakes increase for everyone—for you because you want fair compensation for your injuries, and for the defendant (usually an insurance company) because they don't want to pay a large amount to resolve the case.

What are special damages?

Special damages include property damage (costs to fix or replace your car after an accident), lost earnings and lost earning capacity, medical bills, and other financial losses attributable to your accident. They are capable of exact calculation because they can usually be added up.

What to do if you don't accept a counter offer?

Consider the counter-offer, and then decide if you want to accept it or not. If you do, fine. Take the money, and sign a release. If you don't, get ready to file a personal injury lawsuit in court.

Can you negotiate a personal injury settlement?

And in cases where your injuries are relatively minor and the other side's fault is pretty clear, it may be more economical to negotiate your own personal injury settlement, rather than handing over one-third of your award to a lawyer (which is common practice under personal injury lawyer fee agreements ).

Can you represent yourself in an accident?

When To Consider Self-Representation. It's certainly possible to represent yourself in a personal injury claim after an accident come away with a satisfactory result. This is especially true if you have experience handling your own legal matters in the past, and you're able and willing to stand up for yourself and your case.

Is a fair settlement a windfall?

You Want a Fair Settlement, Not a Windfall. You may be reluctant to settle your claim, but there is risk in going to court. The jury may decide for the defendant and give you nothing. So a fair settlement amount should reflect this risk.

What to do if you are making a claim against another driver?

If you are making a claim against the other driver or his or her insurance company, make sure the other driver was at fault for the accident. As long as it's obvious that the other driver caused the accident, it'll be easy to proceed with your claim without an attorney.

How to make a pain and suffering claim?

In order to make a pain and suffering claim, you will need to send the insurance company a demand letter, which is a summary of your claim and damages. In your demand letter, you should discuss your pain and suffering damages, supported by relevant documents and evidence. Supporting Documents.

What is pain and suffering?

Pain and suffering is any mental or physical distress for which you may seek damages in your car accident claim. Pain and suffering damages are based on the type of injury and the seriousness of the pain you suffered. Most states consider pain and suffering damages as a part of noneconomic damages (or also called general damages ), ...

What is the multiplier method for pain and suffering?

Some lawyers use the "multiplier" method to calculate pain and suffering damages. If you're unable to come up with a specific value of your pain and suffering damages, you should contact a personal injury lawyer. Personal injury lawyers are trained to use their professional knowledge and experience to calculate a maximized amount ...

What happens if there is no evidence of pain and suffering?

If there is no evidence of your pain and suffering, the insurance company or the court will assume that you did not suffer such damages. If you're having a hard time obtaining evidence for your case, you should consider getting help from a lawyer. Proof of the Other Driver's Fault. If you are making a claim against the other driver or his ...

What documents should be attached to a demand letter?

The following documents, if available, should be attached to your demand letter: Medical records and receipts. Doctor's note.

Can I file a car accident claim without a lawyer?

Can I Make a Pain and Suffering Claim Without a Lawyer? Most car accident cases, regardless of attorney representation, are settled through negotiations, before even getting to the trial phase. If you were involved in a minor car accident, you may be able to successfully handle your case without an attorney.