How to choose a Personal Injury Attorney
1) Did
you graduate with honors?
Only the
best and brightest individuals ever make it to the top of their law
class. It takes a sharp mind, a keen understanding of the law, and
the discipline to work extremely hard to earn the highest grades.
When you find an attorney who graduated from law school with honors,
you can be assured that he or she has the knowledge and the
discipline to work hard for you.
2) Do
you limit your practice to personal injury law?
Just as
there are different kinds of doctors, there are different kinds of
lawyers. Some are general practitioners (who have a strong general
knowledge in many areas of the law), while others limit their
practice to just one field – such as personal injury, divorce, tax
law, and so on.
Why do
attorneys limit their practice to a certain area? Usually, because
they like it. And when you like something, you do a better job.
You also gain more experience in that area because it’s all you do.
So, for clients who’ve been injured in an accident, it only makes
sense to hire an attorney who limits his or her practice to personal
injury law.
3) How
many years of experience do you have?
When it
comes to personal injury law, there’s no substitute for experience.
Think about it – if you needed an operation, you wouldn’t choose a
young inexperienced doctor to perform the surgery, would you?
The same
is true with lawyers. Hire an attorney who has the knowledge and
experience to win your case, someone who has handled thousands of
personal injury cases over the years, not just a few.
4) How
many jury cases have you won?
An
attorney with a solid reputation in court has more clout with
insurance companies. You see, insurance companies know which
lawyers are willing to go to trial and which ones aren’t, and they
use that information in deciding how to handle your case. A lawyer
who poses a serious threat in court is more likely to be offered a
fair settlement up front by the insurer. A lawyer who has never
been to court, on the other hand, may get a lower offer.
5) Has
any lawyer in your firm committed legal malpractice?
You have
the right to know whether the lawyer you’re considering (or any
lawyer at that law firm) has ever committed legal malpractice.
Lawyers are human beings, after all, who occasionally make
mistakes. But as legal professionals, they also have a
responsibility to protect your rights,
For that
reason, all reputable attorneys carry legal malpractice insurance.
So in case a mistake does occur in the handling of your case, your
financial interests are covered. Make sure the lawyer you choose is
protected against legal malpractice. Not all of them are.
6) Do
you charge a flat fee or an increasing fee?
There is a
big difference between a flat fee and an increasing fee. Lawyers
who charge a flat fee earn a percentage of your total recovery
amount – usually 33 1/3%. This percentage stays the same regardless
of whether the case is decided by settlement, trial, or appeal.
Lawyers
who charge an increasing fee, however, can raise their percentage to
as much 45% if the case goes to trial, and as much as 50% if it’s
won by appeal.
This fee
structure is great for lawyers, but it penalizes you, the client,
for going to trial and fighting for a better settlement.
7) Do
you make house calls, and personal visits to the hospital?
When
you’ve been injured in an accident, it may be difficult – or even
impossible- for you to drive to a lawyer’s office. Caring attorneys
understand this, and they’re willing to make house calls and
hospital visits for your convenience. If a lawyer won’t come to
you, it’s a pretty good indication of the kind of service you’ll
receive from that firm.
8) Do
you use personal investigators and accident reconstruction experts?
To secure
evidence for your case, a lawyer will probably need to do a little
investigative work. This might involve photographing or videotaping
the accident scene, talking to eyewitnesses or even reconstructing
the accident.
As a
general rule, experienced lawyers rely on professional
investigators, accident reconstructionists, and other experts to
perform this important work.
9) Do
you advance expenses for clients?
In the
course of preparing your case, a lawyer may incur certain up-front
expenses (such as hiring professional investigators, obtaining
medical reports, preparing diagrams, etc.) that are separate
attorney fees.
A
financially sound law firm should pay these pre-litigation expenses
in advance for you to avoid out-of-pocket charges before your case
is settled.
10)
What are your professional affiliations?
Lawyers
belong to a variety of local, state, and national associations to
help them stay abreast of changes in the law. Check to see if the
lawyer you’re considering is a member of these organizations:
-
The
American Trial Lawyers Association
-
The
Indiana Trial Lawyers Association
-
The
trial section of your local county bar association
-
The Million
Dollar Advocates Forum, a professional organization that limits
its members to trial lawyers who have achieved settlements and
trial verdicts in excess of $1 million.
