what information does my lawyer need to know before taking on a personal injury case

by Carleton Halvorson 6 min read

The information a personal injury lawyer needs to know includes any prior injuries or illness, any mental illness issues, and any substance use or abuse issues that might be present. “I have a criminal history.” If you have a criminal history, your personal injury lawyer must be made aware of it.

What to Bring When You Meet Your Personal Injury Lawyer
  • Medical Records. Your medical records will be the most important documentation that you can bring with you. ...
  • Receipts and Paystubs. ...
  • Police Reports. ...
  • Insurance Information. ...
  • Witness Information and Reports. ...
  • Personal Account and Timeline.
Oct 17, 2019

Full Answer

What should I look for when hiring a personal injury lawyer?

May 01, 2014 · The first question a personal injury lawyer will ask you is what date the injury occurred, or what date you first learned of the injury (whether by noticing symptoms, or by medical diagnosis). The reason for this is because each state has a statute of limitations, meaning that if your injury occurred too long ago, you may not be able to file a lawsuit.

Can a personal injury lawyer represent you?

May 21, 2020 · Extent of injuries. Many lawyers when evaluating cases will want to know whether the injuries are continuing/permanent to determine whether your case is the right fit for the firm. Providing examples of limitations from your injuries or specifics about your pain can be very helpful to a lawyer in evaluating your case.

How can I position my personal injury case for success?

Nov 29, 2018 · Available in PDF | MS Word. Before you meet with your personal injury lawyer for the first time after you've been injured, collect any documents you have relating to your accident and injury and place them in a folder or large envelope. Here's an injury checklist of some of the documents and other pertinent information to take with you to your lawyer, if applicable to …

What should I expect from my lawyer?

Jun 19, 2020 · While filing the personal injury claim, you will also need to mention all the details of the incident. These details must include the date and time, location, witnesses, and the whole situation of the event.

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What percentage do most personal injury lawyers take?

33-55%Unlike many other lawsuits, attorneys in personal injury cases are most often paid through a contingency fee agreement. If you're asking what percentage do lawyers take for personal injury services, the answer is they usually receive 33-55% of the award as payment fees.May 17, 2021

What determines the value of a personal injury case?

The value of general damages in most personal injury cases are determined by a combination of the lawyer's past experience with the same type of cases and by reviewing the case law (jurisprudence) on similar types of injuries.Apr 21, 2021

What are good questions to ask lawyers?

Questions to Ask Your Lawyer During a Consultation1) What kind of experience do you have with similar cases?2) What would be your strategy for my case?3) Are there any alternatives to going to court?4) What are my possible outcomes?5) Who will actually handle my case?6) What is my role in my case?More items...•Jan 29, 2017

What is a demand in a personal injury case?

A demand letter is meant to inform the liable party, like an insurance company, that you are taking legal action to pursue compensation for your damages. In an injury claim, this typically means compensation for your medical bills, pain and suffering, lost wages, damage to property, and more.Feb 26, 2021

What is a reasonable settlement offer?

A successful outcome also includes “an offer of settlement which we recommend as acceptable and which, in our reasonable opinions, represents an appropriate conclusion or resolution of the matter”…the reason for this comes down to the repercussions which occur when a reasonable offer of settlement is rejected.

What can affect a personal injury claim?

Five factors that affect the value of a personal injury claimThe type of injury suffered. ... A pre-existing injury or conditions. ... Evidence and statements from experts and witnesses. ... Your expenses to date. ... The likely future impact on your finances.Jun 25, 2021

How do I prepare for an attorney interview?

If you are interviewing virtually, all of these tips apply.Do your research. Lawyers are known for being good researchers. ... Be presentable and dress your best. ... Come prepared to ask questions. ... Be personable and show enthusiasm. ... Be genuine. ... Promptly send a thank-you note.Oct 28, 2020

What are 3 questions you should ask a lawyer before hiring?

Below are ten questions to ask your potential lawyer.How long have you practiced law? ... What type of cases do you generally handle? ... Who is your typical client? ... How many cases have you represented that were similar to mine?More items...•Apr 13, 2018

How do lawyers ask questions?

0:165:25How to ask questions like a lawyer - YouTubeYouTubeStart of suggested clipEnd of suggested clipThe first secret is that what we're doing we're not really asking questions what we're doing isMoreThe first secret is that what we're doing we're not really asking questions what we're doing is making statements. That sound like questions and those are statements that the witness.

How do insurance companies determine settlement amounts?

Insurance companies determine settlement amounts by looking at three factors: liability, damages and the terms of the insurance policy. In order for an insurance company to offer a settlement, liability must be clear.

What is included in a demand package?

The demand package is a collection of all of the medical bills and documents that illustrate your injuries and wage loss. We prepare the demand package during the pre-litigation, or pre-lit, stage of the personal injury claims process.

What happens if no response to demand letter?

If a letter of demand is ignored or unanswered, you should consider sending one final demand letter. This is usually a very short and sharp letter which annexes your previous correspondence and gives the party a further seven days to comply with the demand.Feb 23, 2022

What to do if you get injured?

If you’re injured, it’s worth consulting a lawyer as soon as you can. Even if it’s minor. Don’t expect insurance companies to look out for your best interests. They don’t want to pay out money.

What is contingency fee?

Most injury lawyers charge by way of a contingency fee. A contingency fee is where the lawyer is paid a percentage of the money you get. This is actually a very good arrangement for both lawyer and client. It’s good for the client because it spares them from having to pay up front (most people don’t have that kind of money). It also results in both lawyer and client having the same interest in the outcome (i.e. obtain the most money possible).

Can you have a free consultation with an injury lawyer?

For injury cases, you should have no problem finding lawyers who will meet with you to discuss the case for a free consultation. This typically applies only to injury law. In other areas of law, such as family lawy, don’t be surprised if you need to pay a consultation fee.

Is it normal to meet a lawyer for a free consultation?

Just because you meet a lawyer for a free consultation, doesn’t mean you’re under an obligation to hire them. You can shop around and get a few opinions. This is perfectly normal.

Can a lawyer tell you what will happen?

At no point no lawyer can tell you what will happen with the case. They can speculate or give you their best advice, but they can’t guarantee anything. For example, they can’t guarantee that you’ll get such and such amount of money or that your case will be concluded by such and such a date. Even if a trial is scheduled, sometimes trials are rescheduled or it could be appealed after trial.

Is an injury lawyer a good marketer?

Some injury lawyers are very good marketers. They attract a lot of clients, but just because a lawyer is very good at marketing and does a lot of it doesn’t mean they’re the best for the case.

What does it mean to let your personal injury lawyer know about your insurance?

Letting your personal injury lawyer know about your Medicaid or Medicare insurance will help them make the right decisions during insurance negotiations. Failure to disclose this information might stall your verdict considerably.

Can a criminal record disqualify you from a personal injury lawsuit?

If you have a criminal history, your personal injury lawyer must be made aware of it. Criminal history does not disqualify you from recovering damages in a personal injury lawsuit, but the failure to disclose this information to your personal injury attorney could give the defense arguments which impugn your credibility in the eyes of the jury. Don’t leave your defense lawyer unprepared. With knowledge of your criminal history, they will be better equipped to argue your case.

What is the initial consultation with an attorney?

As much as the initial consultation is a chance for you to interview your attorney, the attorney is also getting a sense of your situation and your motivations. For example, if it looks like you're suing for revenge, and the attorney feels that you're likely to reject a reasonable settlement offer solely because you insist on having your day in court, they might decline your case.

Why do you need a copy of a police report?

In a car accident case, getting a copy of the police report can be a big help. It also helps to organize and gather any potential evidence, like your medical records, contact information of potential witnesses, and a timeline of notable events.

What happens if you sue after the deadline?

Subject to a few exceptions, if you try to sue after the statutory deadline has passed, your case will get thrown out, and the attorney might face sanctions from the court.

What are the factors that could derail a case?

Even if you have significant injuries and liability seems clear, a number of factors could derail your case, including: your shared fault for the underlying accident. your delay in getting medical treatment for your injuries, and. your (perceived) credibility.

Do personal injury attorneys accept every case?

Certain kinds of advertising might give you the impression that personal injury attorneys are desperate for new clients, but the truth is that most do not accept every single case that comes their way. There are a number of reasons why an attorney might decide against taking your case, and there may be steps you can take to make your case more ...

Should I wait to see an attorney?

Generally speaking, it doesn't help to wait to see an attorney. It's one thing if you're waiting to receive a copy of some documents before you have a consultation. It's different if you're just procrastinating. If you wait, your attorney will wonder how serious your injuries really are, or how important this case is for you.

Can a toxic tort lawyer represent you?

toxic torts. If your case is outside the attorney's area of expertise, they may pass on representing you. And even if your case falls under the lawyer's expertise, the lawyer might represent only plaintiffs with a specific type of injury.

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