what info to give to injury lawyer

^{You should bring as many of the following items as you can to your first meeting with a personal injury attorney (not all may apply to your case):}

• A copy of the accident/police report.
• Photographs or video records of the accident scene.
• Repair estimates for your vehicle or other belongings.
• Statements from witnesses.
• Medical treatment records.
• A copy of your accident-related diagnosis.
• Insurance cards or contracts.
• Documentation of lost income.

How do I find a good personal injury lawyer?

One of the most reliable ways to research a lawyer’s qualifications is to check sources that rate personal injury lawyer reviews based on what their fellow lawyers (and their competitors) say about them. Please understand that there is no other official “rating” system for personal injury lawyers besides peer review by other lawyers.

What kind of lawyer should I hire for a personal injury claim?

Some lawyers are “general practitioners” who handle many different types of legal cases, including the occasional personal injury case. If you have a serious personal injury claim, you will want a lawyer who handles personal injury cases on a day-in, day-out basis.

Do you know what to look for when hiring a lawyer?

Like most important decisions, you need to do some “homework” on the lawyers in your community. When you decide to meet with an attorney to discuss your case, you need to ask the right questions to find out if the attorney has a proven track record of success.

What questions should I ask my lawyer before meeting?

One of the first questions you should ask is whether the lawyer tries cases in court, and, if so, how often. This is an important question that many lay people never think to ask.

Can I negotiate an injury settlement?

Indeed, it means you're ready to demand the compensation you deserve for your suffering and losses. If you are determined to seek fair compensation for your losses, you must be prepared to negotiate with the insurance company (or, more specifically, the claims adjuster) to get what you want.

What are the steps of an injury lawsuit?

The Five Steps in a Personal Injury LawsuitStep One: Consult an Attorney. ... Step Two: Investigating the Accident. ... Step Three: Issuing a Claim for Compensation. ... Step Four: Negotiation. ... Step Five: Taking Your Claim to Court.

How do you prove an injury?

How Can I Prove My Pain and Suffering?Medical bills.Medical records.Medical prognosis.Expert testimony.Pictures of your injuries.Psychiatric records.

How long does a personal injury claim take to settle?

A straightforward injury claim could take around six months to settle, while a more challenging case could take three years or longer to come to an end.

How do lawyers negotiate settlements?

The negotiation process typically starts with your lawyer providing a written proposal for settlement to the insurance adjuster or the defendant's lawyer. The adjuster or lawyer will respond to your lawyer either in writing or over the phone.

What injuries are hard to prove?

Some injuries can change a person's life, but are incredibly difficult to diagnose and treat. This is often the case when it comes to injuries such as whiplash, nerve damage, sprains, strains, mild traumatic brain injuries (TBIs) and concussions.

Can I sue for emotional distress?

It may be possible for you to sue for emotional distress, depending on your situation. The main factor that will mean you can make a claim is whether someone's negligence caused the harm you first suffered. This could be because you were hurt in an accident that was someone else's fault.

How is pain and suffering calculated in the future?

The Pain and Suffering Multiplier Method: The multiplier method for calculating pain and suffering is the most common approach. This method involves adding all “special damages” and then multiplying that figure by a certain number (typically between 1.5 and 5 – with 3 being most commonly used).

How are personal injury settlements paid?

When a settlement amount is agreed upon, you will then pay your lawyer a portion of your entire settlement funds for compensation. Additional Expenses are the other fees and costs that often accrue when filing a personal injury case. These may consist of postages, court filing fees, and/or certified copy fees.

What happens when someone claims personal injury against you?

If another road user is making a claim against you, in almost all cases you are not expected to fight the claim yourself. Your insurance company will assess the claim and is responsible for paying out any compensation to the claimant if the claim has merit.

What is involved in a personal injury claim?

What is a personal injury claim? A personal injury claim is a legal case you can open if you've been hurt in an accident and it was someone else's fault. It's the formal process of recovering compensation from the other party, who was responsible for your injury. This will usually come from their insurance company.

Why do lawyers take so long to settle a case?

Personal injury cases usually take quite some time to settle or resolve. 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.

1. What do You Charge for Your Services?

Most personal injury attorneys operate on a contingency fee basis. That means you won't have to pay anything unless you recover monetary damages in your personal injury lawsuit.

2. How Long Have You Been Practicing Personal Injury Law?

One of your biggest concerns should be making sure you choose an experienced attorney who has several years of experience trying cases just like yours.

3. Have You Handled Personal Injury Cases Like Mine Before? If So, Did Any Go to Trial?

Just because an attorney has experience working on cases like yours doesn't automatically make them a superstar lawyer. You want someone who has taken similar cases to trial and won. Many times, ideally.

4. What Issues or Difficulties do You See with My Case?

In every personal injury claim, there will be issues and difficulties unique to the case. An experienced lawyer will be able to point these out to you quite easily.

5. How Will You Keep Me Updated on the Progress of My Case?

Will someone be available to take your calls? The attorney? A paralegal or a secretary?

6. Do You Have Testimonials or References from Past Clients that I Can See?

Just as you'd want to see proof of past results and case relevance, you might also be interested in seeing previous clients' experiences.

7. What Happens if I Lose? Will I be Responsible for any Case-Related Costs?

This may be one of the most important questions on this list because the answer may impact your financial livelihood—listen up!

What is personal injury law?

Personal injury law is based mostly on the theory of negligence and proving liability. Someone may be financially responsible for your injury if that person was negligent and caused your accident. Someone is negligent if his or her careless actions injure or harm someone else. Describe your accident in detail to the attorney to find out if you have a case.

Do you have to pay contingency fees upfront?

With contingency fees, you will not have to pay anything upfront – you will only pay if and when the lawyer wins your case. Sometimes, however, a law firm will still have other fees you must pay before the lawyer will begin your case. Make sure you completely understand how the law firm charges before you sign on.

Is an attorney's estimate more accurate than an insurance company's?

An attorney’s estimate of the value of your case will be more accurate than an insurance company’s, as an attorney will want to maximize your results. Ask how much money the lawyer believes your case is worth based on the extent of your injuries and losses. This can give you an idea of whether or not you need to hire an attorney.

Do personal injury cases go to trial in Texas?

Most personal injury cases in Texas do not go to trial. Your lawyer will use aggressive negotiation tactics to reduce the odds of having to take a defendant to court. If your case does need to go to court, however, your attorney should have the ability to represent you before a judge and jury. Ask about the lawyer’s trial capabilities before making your decision.

Why is personal injury case so hard to answer?

This is a tough questions to answer because each case is different and each person’s injuries are different. Generally speaking, the value of a personal injury case depends on the extent of a person’s injuries and how those injuries will affect the person throughout his or her life. Although your lawyer can never make promises or guarantees about ...

Who is Hank Stout?

Stout is Board Certified in Personal Injury Trial Law and has been actively trying cases for over fifteen years. In recognition of his accomplishments and results, he has been selected by Thompson Reuters as a Super Lawyer since 2014 (a distinction given to less than 1% of the lawyers in the state of Texas) and has been selected as Lead Counsel. To learn more, read Hank's full bio here.

Do you want an attorney who has never been in trouble?

Obviously, you want an attorney who has never gotten into any trouble. Ask your personal injury lawyer whether he or she has ever been subject to disciplinary proceedings by the State Bar of Texas.

Do you have to pay a personal injury lawyer?

Many personal injury lawyers represent clients on a contingency fee basis. This means that you will not have to pay fees to your personal injury lawyer unless you recover damages in your personal injury case. If you do, your lawyer will take a percentage of the compensation he or she obtains for you. You should be clear on this percentage amount before agreeing to have him or her represent you.

What is board certification in medical?

For many years, the medical profession has utilized a system of testing and peer evaluation known as “board certification.” Board certification is designed to identify physicians who have expertise in a particular specialty or sub-specialty of medicine. In recent years, the legal system has begun emulating the board-certification process in the medical profession. The National Board of Trial Advocacy (NBTA) is a national organization that has a process for civil trial lawyers to achieve board certification. The National Board of Trial Advocacy is part of a larger lawyer certification organization called the National Board of Legal Specialty Certification. NBTA certification as a “civil trial attorney” is only available to attorneys who have extensive experience in the courtroom and in preparing cases for trial. In addition to having courtroom experience, an applicant must also pass an all-day examination before receiving board-certification from the NBTA as a civil trial attorney.

What are the organizations that represent injured people?

They also conduct lobbying activities for the rights of consumers. The most prominent national organization is the American Association of Justice (AAJ). In the State of Indiana, the Indiana Trial Lawyers Association (ITLA) is a statewide organization of plaintiff attorneys dedicated to the rights of injured persons. You can certainly find a lawyer who doesn’t belong to any of these groups, but why would you want that lawyer to represent you in a serious injury lawsuit?

Why do lawyers speak at seminars?

They are asked to speak at legal education seminars because other attorneys want to hear what they have to say. Lawyers who regularly write articles in legal publications are usually the authorities in the field and know what they are talking about. Many personal injury lawyers will list the topics of their speaking engagements or their publications on their website. If you want to know whether a lawyer teaches other lawyers about developments in personal injury law or writes articles about personal injury litigation, you should check the lawyer’s website or ask for a copy of the lawyer’s resume.

What are case expenses?

Case expenses are monies paid to third parties to keep the case going: expert witness fees, court reporter fees, charges for medical records, charges for physician reports, filing fees and the many other expenses that go into a personal injury lawsuit. Case expenses are handled differently by different law firms.

What is a general practitioner lawyer?

Some lawyers are “general practitioners” who handle many different types of legal cases, including the occasional personal injury case. If you have a serious personal injury claim, you will want a lawyer who handles personal injury cases on a day-in, day-out basis.

What happens if a lawyer lacks the resources to fund a case properly?

If a lawyer lacks the resources to fund a case properly, corners can be cut at the expense of the client’s case. Or a client can be pressured into taking an inadequate settlement. It pays to hire a lawyer who has the financial resources to take a case all the way to trial, if necessary. 7.

What is a contingent fee?

A “contingent” fee means that there is no attorney fee unless there is a recovery and the fee is a percentage of the amount recovered. (i.e. usually 33.33% of the amount recovered). That means that the lawyer will not charge the client a fee unless there is a recovery.