what questions to ask my lawyer for a personal injury case

by Dr. Jules Mayert Sr. 4 min read

One of the first questions you should ask a personal injury attorney is their experience. You should know their qualifications and have the assurance necessary to trust in their history and past case results. You can also ask them where they received their education and how long they have been involved in personal injury law.

If you were in a car accident, ask if they specialize in auto accidents. Ask whether they operate on a contingency fee basis or something else. Ask if you stand to receive compensation to cover the costs of medical bills, damages, and injuries. Ask about their experience, above all else.Dec 18, 2020

Full Answer

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

How do I get the most out of my personal injury case?

5 Tips To Get The Most Out Of Your Personal Injury ClaimDecide on a settlement amount. Go over your records of loss and get a solid idea of how much compensation you deserve. ... Provide thorough medical documentation. ... Follow all treatment plans prescribed. ... Stay off of social media. ... Don't settle too quickly.Mar 4, 2019

What determines the value of a personal injury case?

In the most common formulas used to value a personal injury claim, a multiplier is applied to determine how (and how significantly) you were affected by the nature and extent of your injuries, by the medical treatment made necessary by the accident, and by the subjective "pain and suffering" you experienced.

What fee arrangement is most common with personal injury lawsuits?

contingency fee agreementWhile a personal injury law firm may agree to work for an hourly rate, a contingency fee agreement is the most common arrangement.

How much pain and suffering should I ask for?

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 do you ask for more money in a settlement?

Send a Detailed Demand Letter to the Insurance Company Because the insurance company will likely reply with an offer for an amount lower than what you've asked for in the demand letter, you should ask for between 25 and 100 percent more than what you would be willing to settle for.

Does an injury claim affect insurance?

Can you claim personal injury on your own car insurance? No, generally this does not form part of your own motor insurance policy. However a personal injury claim would be made against the 'at fault party' (the other driver) or their insurance company.

How is settlement value calculated?

Settlement value is essentially based on what a jury would award you for what you went through because of your injury. That number is the sum of your pain, your suffering, your bills, and your lost wages. Using a formula would not capture the details of each individual person's case.

What is a high value case?

High-Value Litigation What is “high risk” or “high-value” litigation? High-value litigation is not limited only to those cases in which large sums of money are at stake, although that is the most common reason to classify a case as high risk.

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

Why do lawyers take so long to settle a case?

Once a case gets filed in court, things can really slow down. Common reasons why a case will take longer than one would hope can include: Trouble getting the defendant or respondent served. The case cannot proceed until the defendant on the case has been formally served with the court papers.May 28, 2020

Who pays costs in personal injury claims?

The general rule in personal injury claims in relation to payment of costs is that the 'losing' party pays the 'winning' party's costs.Dec 17, 2018

Why is it important to ask a personal injury lawyer to interview?

Although uncomfortable, it’s important to ask this to the personal injury lawyer you’re interviewing so that you know if he or she has been in trouble in the past and the reasons it’s for. You want to make sure you’re hiring someone with integrity and respect for the legal profession.

What happens if a personal injury lawyer takes on too many cases at once?

If a personal injury lawyer takes on too many cases at once, your case might not be handled competently. It’s always good to know how many cases a lawyer works on at a time so that you can decide if he or she has the necessary amount of time to effectively help you win your case. 4.

Why do people settle out of court?

Many people prefer settling out of court because it is much less stressful.

What is communication in personal injury?

Communication is a huge topic of conversation between you and your future personal injury lawyer. You need to set boundaries and discuss different methods of contact so that you are both clear and comfortable moving forward.

Can a personal injury attorney work on your case?

You most likely want to know if the personal injury attorney has any similar experience in his or her past that will help you win your case. Some people only want experienced attorneys. Others are okay with allowing new attorneys to work on their case. It’s up to you, but you should be able to make the choice yourself.

Do personal injury lawyers know if you have a case?

Usually, the personal injury lawyer will let you know after some research as to whether or not you have a case. But, feel free to ask just in case they already know the answer.

Is it hard to hire a personal injury lawyer?

Hiring a personal injury lawyer might seem difficult and confusing, but it doesn’t have to be. Lawyers go through intensive schooling and education to be able to represent clients competently. When you or a family member has been injured, hiring a lawyer might be the last thing on your mind.

What happens if you are injured?

If you’re injured, you can incur expensive medical costs, lose wages from your job, and be forced to deal with tight-fisted insurance companies. If you’ve suffered injuries due to an accident or someone else’s negligence, you should always consult with a qualified law firm that has proven success with personal injury cases.

What are out of pocket expenses for an attorney?

Out-of-pocket costs that attorneys advance include filing fees, medical records retrieval fees, and expert witness costs. Many lawyers will stipulate that these additional costs are not your responsibility if the case is lost, but others may require you to cover these costs if the case is lost.

Why is it good to have a large firm?

This may be a good thing because you get a team with a larger firm.

Should a lawyer go to trial?

Your lawyer should expect , and prepare for, all of their cases to go to trial. Settling out of court can make sense in many cases, but your lawyer should have the skills to take your case to trial, and win.

Can a lawyer give you time?

Court cases are part of life, and life is notoriously unpredictable. That means no lawyer can give you a definite, irrevocable amount of time. But, an experienced lawyer will know the legal system and your type of case well enough that they can give you a general time frame.

Is it hard to find a good lawyer?

Good lawyers can be hard to find. The stress of an injury and financial loss can be very hard to bear. Adding a bad or inexperienced lawyer to the mix will not help. Make sure to find the right lawyer who will represent you fairly, faithfully, and honestly. That will put you on solid ground during a very unstable time.

1. What areas of law do you specialize in?

The legal industry is full of lawyers offering a range of services. And while sometimes this is perfectly fine, you don’t want to hire a criminal defense attorney to manage a medical malpractice case. Why? Medical malpractice law is very specific and complicated.

2. Have you managed personal injury cases in the past? What were the outcomes?

In addition to assurance that the lawyer has adequate skills, you may also want to find out what sort of cases they have managed in the past, and what the outcomes were.

3. Who will be working on my case?

Many personal injury law firms have several lawyers on staff. Ask the lawyer you consult with who in the firm will be handling your case. Will it be a partner, another lawyer, a paralegal, or another staff member? Knowing who is working on your case is important as you move forward.

4. How long will my case take to resolve?

There is never an easy answer to this question, but your lawyer may have some idea of how long similar cases have taken in the past. Experienced personal injury lawyers also often have experience working with the courts, expert witnesses, hospitals, and insurance companies, which can help move the process along.

5. What sort of fees can I expect?

Most personal injury lawyers work on a contingency fee basis. That means that unless they obtain a verdict or settlement in your favor, you owe them nothing. The lawyer getting paid is “contingent” on you getting a financial award in the case.

6. Is there anything I can do to improve our chances for success?

Being an active participant in your case can definitely assist the legal process, and could impact the outcome. You and your lawyer will move through a series of processes including interviews, gathering documents, and filing papers with the court. The more active you are in helping your lawyer do what is needed, the better.

7. Will my case go to trial or settle out of court?

Early in your case, it may be difficult for a lawyer to answer this question. However, you may find that your lawyer has experience in both settling and taking cases to trial, which can be helpful. That means that you have options no matter how your case progresses.

How do personal injury lawyers work?

Most personal injury lawyers work based on a contingency fee agreement. This means that you only pay legal fees if they’re able to obtain monetary compensation for your injury.#N#Contingency fees by high-quality attorneys are generally 40% of the settlement, but can sometimes be reduced in certain situations. Be sure to read your retainer documents thoroughly before hiring your attorney. And, be weary of law firms who advertise that they can do your case “on the cheap.” You generally get what you pay for.

What do personal injury attorneys charge for litigation?

The common saying is “we only get paid if we win for you.”#N#Out-of-pocket costs that attorneys advance include filing fees, medical records retrieval fees, and expert witness costs. Many lawyers will stipulate that these additional costs are not your responsibility if the case is lost, but others may require you to cover these costs if the case is lost.#N#Always be sure to ask this question when seeking legal counsel and make sure you fully comprehend any agreements you are asked to sign.

What do lawyers do?

Your lawyer is trying to defend you in a way you cannot do by yourself, and to do this effectively they will need to know you and your story.#N#Facts are one thing—the details of the incident, your medical history, documents from insurers and hospitals—but your lawyer should want to represent you, not just review records.#N#Additionally, you will need to consult with your attorney and their staff on various aspects of the case.#N#Some lawyers also handle cases differently based on their own personality. Some welcome (and even insist upon) a high level of involvement from clients. Others prefer to do much of the work themselves. Make certain you know exactly what your lawyer expects of you before committing.

Why is it important to have an expert?

Your attorney will be able to tell you what your chances are, approximately how much your case is worth financially, and if your case should be pursued. This may be one of the most important questions you can ask an experienced attorney and help you avoid additional ...

What happens if you are injured?

If you’re injured, you can incur expensive medical costs, lose wages from your job, and be forced to deal with tight-fisted insurance companies. If you’ve suffered injuries due to an accident or someone else’s negligence, you should always consult with a qualified law firm that has proven success with personal injury cases.

Do lawyers handle cases differently?

Some lawyers also handle cases differently based on their own personality. Some welcome (and even insist upon) a high level of involvement from clients. Others prefer to do much of the work themselves. Make certain you know exactly what your lawyer expects of you before committing. 7.

Is it hard to find a good lawyer?

Good lawyers can be hard to find. The stress of an injury and financial loss can be very hard to bear. Adding a bad or inexperienced lawyer to the mix will not help. Make sure to find the right lawyer who will represent you fairly, faithfully, and honestly. That will put you on solid ground during a very unstable time. You should also complete all medical treatment recommended by your doctors, because it will potentially impact the success of your case.

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