So you've been in an auto accident and you are looking for an attorney to represent you. Good idea. The insurance industry is focused on making sure you don't get a fair recovery, and they are very good at this.
Once again, it is their full time job to make sure you don't get what you deserve - what the law provides. No matter how nice they seem on the phone, or how many years you've been a "loyal customer" paying your premiums month after month, they have no loyalty to you. Claims adjusters are promoted based on how little they pay out. Meanwhile, you already have a full time job and a family to take care of, and you are not operating at 100% since you've been injured.
This is no time to take on the extra stress of trying to handle your injury claim by yourself. You need the help of a qualified personal injury attorney. But there are so many attorneys out there. How do you choose? To start, you can visit their web sites and read as much information as possible. If they have videos, watch them all. Get a feel for the law office and the specific lawyer you are considering and make sure you feel compatible with their values and practice style.
Ultimately, however, you should not hire an attorney to represent you until you have met in person (or at least spoken on the phone if you are unable to meet in person). When you meet, there a certain questions you should definitely ask the attorney and certain things you should be wary of. Here are some important inquiries you should make:
Once again, it is their full time job to make sure you don't get what you deserve - what the law provides. No matter how nice they seem on the phone, or how many years you've been a "loyal customer" paying your premiums month after month, they have no loyalty to you. Claims adjusters are promoted based on how little they pay out. Meanwhile, you already have a full time job and a family to take care of, and you are not operating at 100% since you've been injured.
This is no time to take on the extra stress of trying to handle your injury claim by yourself. You need the help of a qualified personal injury attorney. But there are so many attorneys out there. How do you choose? To start, you can visit their web sites and read as much information as possible. If they have videos, watch them all. Get a feel for the law office and the specific lawyer you are considering and make sure you feel compatible with their values and practice style.
Ultimately, however, you should not hire an attorney to represent you until you have met in person (or at least spoken on the phone if you are unable to meet in person). When you meet, there a certain questions you should definitely ask the attorney and certain things you should be wary of. Here are some important inquiries you should make:
1. Can you give me a roadmap of what will happen in my case?
This is an important question because most personal injury cases take time to develop. Generally, you will need to complete your treatment, or at least reach a medically stable status before it makes sense to begin negotiating a settlement. Then medical records and bills, as well as other information will need to be gathered and assembled. These records are used to provide a compelling demand to the insurance company. If properly prepared, this demand can often result in a decent settlement without the need for litigation. However, often the insurance company will deny the claim or make a lowball offer without any good reason. In such a case, litigation will probably be necessary. Once a lawsuit is filed, there are a number of ways the case could go. Your prospective attorney should be willing to discuss all of the likely scenarios. If he or she cannot or will not engage in this discussion with you, they may not be the right choice.
2. How do you get paid?
This is another very important question. It is important that you understand exactly how the attorney gets paid. Most personal injury lawyers work on a contingent fee. That means they only get paid for their time and work if they get a recovery for you. However, there are usually costs advanced by the lawyer that are paid separately from the fees. Further, there are often events that trigger a change in the fee. For example, many attorneys charge one fee if the case settles without litigation, but a larger fee if a lawsuit has to be filed. If you have any questions about how the attorney gets paid, make sure you get them answered. There should be no surprises at the end of the case.
3. Who makes the major decisions in the case?
Look, a lawyer just can't check with the client every time a letter is sent out. It would take too much time, and that's why you hire an attorney anyway. However, the major decisions should always belong to the client. Should we accept or reject the most recent offer of settlement. Should we place the case in arbitration (which may limit the damages you can recovery) or hold out for trial. Many lawyers act as if the claim belongs to them, not you. Make sure your prospective attorney understands that he or she is working for you - that it's your body that has been injured and it's your money they are trying to recover from the insurance company.
4. Will I be able to speak to my lawyer?
Many big lawfirms employ an army of paralegals to "manage" their clients. I often hear from people who have hired these firms and are disappointed that they can never speak to their lawyer. It's always a paralegal or "case manager". Sometimes this is ok - frankly we lawyers are pretty busy most of the time - but when you need to speak to your lawyer you should be able to. Make sure your prospective lawyer will take your call.
5. Beware attorneys who promise you a big recovery!
This isn't a question, but it is very important. First, there is no way to predict how much you will get - even in a very strong case. Juries and judges are unpredictable and any attorney who promises a specific recovery is just trying to get you to hire them. Second, it is unethical for a lawyer to promise you a specific recovery. We do our best to maximize your effective access to the civil justice system, but ultimately the outcome in every case is uncertain. A lawyer can tell you what he or she has gotten for clients in similar situations, or what has happened in other cases, but that's all. The reality is a lawyer won't take your case on a contingent fee unless they think they will get paid, but even so - there are no guarantees.
In the final analysis, you need to trust your lawyer. Talk to him or her - really talk. Do they know what they are doing? Do they understand how you and your family have been affected by this injury? Will your attorney treat you with respect, or will he treat you like a number? Hiring an attorney is a major decision and should not be taken lightly. Don't be afraid to shop around to find the best fit.
For more information regarding personal injury claims, please visit my website or give me a call to 206-720-1501.
