what to know before you see a personal injury lawyer

Full Answer

What percentage do most personal injury lawyers take?

33%As a general rule, the personal injury lawyer will receive 33% of the final settlement amount in the case. However, cases that go to trial often incur different costs. The goal of this fee structure is to minimize the client's financial risk in hiring an attorney to represent them.

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...•

What should I ask for in a settlement?

The following items will be factored in to a potential settlement:Past and future medical bills.Rehabilitation costs.Pain and suffering.Therapy.Lost wages and/or future income.

What is the hardest question to ask a lawyer?

12 Tough Questions to Ask a LawyerWhat's your opinion of the probate process?Under what conditions do you recommend a Living Trust?How do I protect my children from abusive relatives if something happens to me?Can I keep my kids from controlling their entire inheritance at 18?More items...•

What you should know before you talk to a lawyer?

10 Things You Should Know Before Contacting a LawyerHave Your Documents Ready. ... Research the Elements of Your Case. ... Don't Call if You Just Have a Question. ... You May Not Speak to a Lawyer Right Away. ... Do Not Ask the Legal Support Staff for Advice. ... Don't Provide Too Much Information. ... Answer the Lawyer's Specific Questions.More items...•

What is a good settlement?

A good settlement offer works in your favor and puts you back in a position of favor after the settlement is made final. Settlement offers need to consider all of the factors that have touched you in relation to your losses, damages, and personal injuries.

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.

How do you negotiate pain and suffering?

10 Tips for Negotiating Pain and Suffering:Manage Your Expectations for Compensation.Know What Counts as Pain and Suffering.Support Your Claim with Outside Factors.Tell a Vivid Story of Your Pain and Suffering.Describe Your Distress During Recovery.Link Evidence to Your Pain and Suffering.More items...•

When Your Injury Requires Medical Attention

Let's face it; medical treatment in the United States is not cheap. Even if you have health insurance, it may not cover some treatments. This can be frustrating, especially if you need urgent medical attention following an injury caused by someone else's negligence.

When the Insurance Company Disputes Your Claim

This is very typical of insurance companies, especially when they realize you do not have an attorney. Even if they know their client is responsible for your injury, they will do everything they can to dismiss or even dispute your claim.

When the Insurance Company Refuses to Negotiate

Some insurance companies may offer a particular settlement amount and refuse to negotiate for various reasons. This is usually a take-it-or-leave-it situation, meaning the victim is basically at the mercy of the insurance company.

When the Insurance Company Delays Payment for Your Injury

Suppose you accepted payment from the insurance company without an attorney. In that case, you expect the insurance company to honor their part of the deal by delivering the payment to you.

When Your Claim Is Time Barred

It may take years to experience some effects of an injury caused by a negligent party. For example, it could take up to years to experience Post Traumatic Stress Disorder after an accident, but that does not mean you are not eligible for compensation.

When You Need an Accident Investigated

Sometimes part of the reason an insurance company may reject or dispute your claim is that there is insufficient evidence to prove that their client was at fault for the injury.

How Morgan & Morgan Can Help

Even though you need a personal injury lawyer to fight for your rights when you come up against an insurance company, not every personal injury attorney out there suits your case.

Experience Matters

Experience Matters. Most good lawyers limit their practice to one or two kinds of law. If you are hiring a lawyer to represent you in a personal injury case, make sure that lawyer has experience in personal injury cases.

You don't always have to file a lawsuit

You don't always have to file a lawsuit. While most cases settle without going to trial, some cases do not even need a lawsuit to be settled. A lawyer can sometimes get the important information to the insurance company for the defendant and settle the case without the need to file a lawsuit. This is often faster and less expensive.

Know the Fee

Know the Fee. If you hire a lawyer, he has to be paid for his time. Almost all personal injury lawyers work on a "contingency fee." That means the lawyer gets no fee for his work until you get paid. This kind of a fee allows you to hire a great lawyer without having to pay that lawyer upfront.

Expenses Are Not Included

Expenses Are Not Included. While the fee is often stated as a percentage of your settlement, that fee only pays for the lawyer's time. When a lawyer has to pay someone else for work on your case, he pays what are called "expenses." Most lawyers pay the expenses for you and then bill you for the expenses at the end of the case.

You may have to pay back your insurance companies

You may have to pay back your insurance companies. The number one misunderstanding clients have in personal injury cases is insurance. If you have health insurance, you may have to pay them back for bills the health insurance company paid.

Cases Take Time

Cases Take Time Every case takes a lot of time to complete. When you hire a lawyer, ask how long he thinks the case will take. Good lawyers will be able to give you a realistic estimate. Beware of promises for quick settlements or fast cash. They are almost always untrue.

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 ...

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.

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.

What does a lawyer view as a job?

Some lawyers view the law as a job. The right attorney will view the law as a way to bring justice to people in need of help. The best lawyer cares about their clients.

What to do if you have been injured in a car accident?

If you have been seriously injured, then you need to hire a personal injury lawyer to handle your claim. Of course, you want to find the best personal injury lawyer out there. But before you hire a firm to represent you, there are some important things ...

What is a lawyer's advocate?

Your lawyer is your advocate. He or she should fight on your behalf using cost-effective, ethical, and reasonable means. You should have a clear and open line of communication with your lawyer. There’s a reason why lawyers are also referred to as counselors. The right attorney will listen to your concerns, will provide helpful, knowledgeable advice, and will guide you through the many challenges of the legal process.

What do lawyers learn from insurance adjusters?

As a lawyer earns experience, they learn how to deal with insurance adjusters and other attorneys. They also learn about the tendencies of local judges, while getting a sense of how juries will respond to different types of witnesses and evidence.

What to do if you can't afford retainer?

If you’re not able to pay a retainer or you can’t afford hourly rates, you may need to search for a lawyer that charges on a contingency fee basis. This means that a lawyer will only charge you if you win your case and based on the size of your settlement. In some cases, if you don’t win in court, you won’t owe your attorney anything at all. All firms are different. Because of this, you need to sit down with your attorney to learn exactly what you can expect in terms of contingency fees and payment options.

Why is a lawyer's reputation important?

A lawyer should have a good reputation for professionalism, aggressive representation, and honesty. Attorneys that have a good reputation in the field are usually called upon by other attorneys for advice.

How to prepare for a legal meeting?

Before your scheduled meeting, write down an outline of your legal problems, and be sure to include any questions you may have . A lawyer needs all of the relevant details to assess your case and determine how to proceed. Be upfront and honest about your legal problem.

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!

1. Have You Handled Cases Like Mine in the Past?

The fact is that just because a person is an attorney does not mean that they have the experience in handling cases such as yours. The practice of law is a large field with many categories and sub-categories.

2. Do You Have References or Reviews I Can Read?

When meeting with a personal attorney, you’re likely to notice that most are going to be very confident in their ability to win your case. However, it is never a good idea to take their word at face value.

3. Who Is Going to Do the Work?

Contrary to popular belief, the attorney you hire will not be the one doing 100% of the work on your case. Because law firms are usually handling a large number of clients, personal injury attorneys will hire additional help in the form of junior associates, securities, and paralegal professionals.

4. What is the Fee for Taking on the Case?

In a win-win situation, an attorney will promise to take on your case free of charge, but they will charge a fee if any money is awarded to you. Most attorneys will set a fee at about up to 33% of your award. It is important to discuss this before hiring them to avoid any disputes if you receive money.

6. Do You Have Courtroom Experience?

Contrary to popular belief, not all claims and cases are going to go before a judge and jury. Also, contrary to popular beliefs, not all lawyers have courtroom experience. Some are fierce settlement closers, but not all of them can handle everything a trial entails.

Conclusion

As you can see, the data above strengthens the idea that you have several questions to ask personal injury attorneys before hiring them. Moreover, you should ask all these questions and more before you make up your mind.