The first thing you need to know is that having the wrong attorney can sink your case.
It’s an obvious point but the statistics paint a grim picture for those who take on personal injury claims without legal representation. In fact, research shows that payouts to people with lawyers are nearly 3x higher than those who represent themselves.
When medical bills are piling up, that difference is a big deal.
The good news? Navigating personal injury claims doesn’t have to be intimidating. Armed with the right information, anyone can identify quality representation and secure fair compensation.
In this guide you’ll learn:
- Why You Should Have Legal Representation
- The Types of Personal Injury Claims
- Key Considerations When Choosing Your Attorney
- 7 Red Flags to Avoid
Why Should I Hire an Attorney?
The thing is…
Personal injury law is complex. Insurance companies field teams of adjusters and attorneys fighting claimants every day. Approaching a firm with legal resources is a no-brainer when facing this opponent.
The numbers tell the tale. A study from Nolo found that about 91% of claimants with experienced personal injury attorneys receive some type of settlement payout. This is compared to just 51% for those who go it alone.
Talk about doubling your chances.
Success in seeking quality legal services for your personal injury claims often comes down to one factor: having a professional who knows the system and how to navigate it in your corner.
But wait, there’s more…
About 95% of all personal injury lawsuits settle before they ever reach trial. Winning settlement negotiations is as important as courtroom savvy when it comes to getting fair compensation. Pushing for a lowball offer when a case is worth more is a textbook example of shooting yourself in the foot.
A skilled attorney maximizes settlement value through evidence-based negotiation or a willingness to go to trial if necessary. And they do it without incurring the significant expenses associated with protracted litigation.
What Are The Types of Personal Injury Claims?
Personal injury law covers many different types of claims. But not all cases are equal. Each presents unique challenges for claimants and attorneys.
Here’s the most common types:
- Motor vehicle accidents
- Slip and falls
- Workplace injuries
- Medical malpractice
- Product liability
Motor vehicle accidents are by far the largest category, representing over half of all personal injury claims filed every year. These cases often pit claimants against deep-pocketed insurance companies with armies of attorneys in place.
But did you know?
Medical malpractice claims are a completely different beast. They require expert testimony, mountains of documentation and meeting specific filing requirements in many states. Proving that a healthcare professional failed to meet an accepted standard of care is a tall order for most inexperienced claimants.
Workplace injuries are similar in that workers’ comp will cover medical expenses and lost wages but not necessarily pain and suffering. Third-party lawsuits are often the only way to fully recover compensation in these cases.
The point?
Different cases have different complexities. An attorney who primarily handles car accidents may not be ideal for a medical malpractice or workplace injury claim.
Key Considerations When Choosing Your Attorney
Not all attorneys are created equal when it comes to representing clients in personal injury cases. Here’s what to consider when seeking the best possible representation.
Case Type Experience
Above all else, this is the most important factor.
A lawyer that has represented hundreds of car accident victims will have a feel for how insurance companies operate. They’ll be two steps ahead on defence strategies and know when to stand firm against lowball offers.
Ask prospective attorneys how many cases similar to yours they’ve handled and what the outcomes were. Don’t be afraid to ask.
Communication
Personal injury cases can drag on for months, even years, in some cases. During this time, clear communication is key.
Look for an attorney that will:
- Return calls and emails promptly
- Explain legal jargon in layman’s terms
- Keep you in the loop on case progress
- Listen to your concerns without getting defensive
A lawyer who doesn’t communicate effectively during the consultation is unlikely to change once they have your case.
Fee Structure
Most personal injury attorneys work on contingency. In other words, they only get paid if they win your case. Standard fees typically range from 25%-40% of the total settlement.
Make sure you get the fee structure in writing before signing any agreements. Ask about costs that may be incurred throughout the process (filing fees, expert witness, etc.) as well.
Resources and Support Staff
The most complex cases require a team of resources.
Big firms may have private investigators, paralegals and medical experts on staff. Smaller practices may outsource these services. Neither approach is better, just different. It’s important to know how an attorney will handle your case before signing on the dotted line.
7 Red Flags to Avoid When Choosing a Lawyer
When choosing a lawyer there are some signs you should take as a hard no.
A few red flags that mean it’s time to walk away:
- Guarantee specific outcomes
- Pressure to sign immediately
- Don’t provide references
- Have a record of disciplinary actions
- Focus on fast settlement rather than fair compensation
Guaranteeing a specific settlement amount or outcome before even reviewing a case is disingenuous. No attorney worth their salt can predict exactly how a personal injury claim will unfold. Ethical professionals know this.
“Ambulance chasing” behaviour is also a major red flag. Lawyers have professional ethics rules in place to prohibit solicitation at hospitals, accident scenes and other “critical times” to protect the public. If a lawyer has shown up uninvited at your door, keep on walking.
Questions to Ask During Consultations
Most personal injury attorneys offer free initial consultations so don’t be shy about asking questions.
A few essential questions include:
- Who will actually handle my case?
- What is your assessment of my claim’s value?
- How long do you think this case will take?
- What do you see as the main challenges in my case?
- How will you communicate with me?
The answers can be quite revealing about how an attorney works.
Time is of the Essence
Finally, there’s one thing about personal injury claims most people overlook:
There are statutes of limitations that cap the amount of time you have to file a lawsuit. This is usually 2-3 years in most states, but claimants must file their case before this period expires or their case is forever barred from court.
Waiting too long to take legal action can create additional problems. Evidence is lost, witnesses forget key details and medical records become more difficult to obtain as time passes.
The smart move is to consult an attorney ASAP after an injury occurs. Even if a lawsuit is not immediately filed, getting legal advice early in the process preserves options for the future.
Wrapping Things Up
Choosing the right personal injury lawyer is one of the most important decisions an injured person can make.
The right attorney can be the difference between fair settlement and walking away with nothing. Research is key. Ask tough questions and trust your instincts if something seems off.
Personal injury claims are stressful enough without adding a bad attorney to the mix. Do the due diligence up front and the path to fair compensation will be much clearer.
That’s the smartest thing you can do.