Personal Injury Lawyers

You got hurt.

It wasn’t your fault.

But your injury has turned your life upside down.

During this confusing time, it’s important to know that you are not alone.

There is a well-developed system in the United States designed to assist people, just like you, in being compensated for your injuries.

You deserve financial compensation for your loss of income, medical bills, pain and suffering and much more. The following information will help you navigate the system in finding the right personal injury lawyer for you.

Before you hire a personal injury lawyer you need to know what questions to ask – and more importantly what answers are acceptable.

Remember, you might have to take care of yourself and your family for a very long time. You deserve the best compensation possible for your injuries.

For that, you need to make sure you have the right personal injury attorney for your case.  Here are fourteen critical questions to ask when you are looking for a personal injury attorney.

Personal Injury Lawyers usually specialize in specific types of legal cases. If you had an injury caused by a car accident you would not want to hire a lawyer that specialized in dog bites. Personal injury lawyers tend to fall into several general areas.

• Car accidents
• Motorcycle accidents
• Assault and battery
• Animal attacks
• Medical malpractice
• Workplace injuries
• Slip and fall
• Products liability
• Defamation

 Questions to ask a personal injury lawyer:

1. Do you specialize in my type of legal case?
2. How many cases have you handled in this area?
3. How many cases have you won?
4. What is the average dollar amount you have won for this type of case?
5. Do you have investigators that have experience with this type of case?
6. Do you have other experts that have experience with this type of case?

Some legal cases go to trial with a jury and some legal cases can agree on monetary compensation without going to trial. A decision without a jury trial is called a settlement. Basically, a settlement means that you, your lawyer, and the opposing side came to a financial agreement by talking it out. Therefore, a jury trial is not needed.

But what if you do have to go to trial? Is your personal injury lawyer up to the task?

It’s time to figure out which personal injury lawyer has the most experience in a courtroom trial.

Here’s why trial experience matters. Let us say the opposing attorney knows that your attorney has only tried a few cases in a courtroom. The opposing attorney figures your attorney might be gun shy about arguing in front of a jury. So, the opposing attorney grabs that possible psychological advantage and offers a low-ball settlement knowing that your lawyer is afraid of a trial.

Questions to ask a personal injury lawyer:

1. How many trials have you been involved in?
2. Were you the lead lawyer in those trials?
3. How many of those trials did you win?
4. What was the average length of those trials?
5. What was the approximate amount of the money awarded to the plaintiff? By the way, you are the plaintiff.

Most personal injury lawyers work on a contingency basis.

This means that you do not have to pay anything unless the personal injury lawyer receives a favorable settlement for you. The contingency fee must be discussed before hiring any lawyer. The lawyer fees can have a wide range from 25% to 75% of the final monetary award.

However, the typical fee a lawyer will charge is 33% of the total money awarded to you. As an example if you win $100,000. The attorney will be paid $33,000. But be aware.

Make sure to ask your personal injury lawyer what the fees will be if your case winds up going to trial. Some lawyers will try to charge you on a ‘sliding-fee scale’. That means that the 33% can slide upwards very quickly. Do not choose a lawyer who has a sliding-fee scale.

Questions to ask the personal injury lawyer:

1. If my case goes to trial do you charge on a sliding-fee scale?
2. Will you charge me more than the 33% fee if the case goes to court?
3. If you will charge me more if my case goes to court, how are those additional fees calculated?
4. Is it an hourly fee? If so, what are those hourly fees for each staff person or lawyer?
5. If not, get a complete explanation of the potential fees in writing.
6. What potential additional fees might be incurred that have not been mentioned during our discussion?

Case costs are fees that must be paid by you in addition to the 33% you are paying your personal injury lawyer. But you can reduce your overall costs by defining in writing how you pay for Case Costs.

Case costs include:

• Expert witness fees
• Investigation fees
• Administration fees
• Court filing fees

If you win your case you must pay these costs. But there are a couple of different ways to pay these costs. If you win your case you ideally will pay case costs ‘off the top’. This means that as soon as you receive your awarded settlement you immediately pay the case costs. By paying case costs ‘off the top’ your attorney gets 33% of what is left after you have paid the case costs. It saves you money to pay ‘off the top’.

Here is an example:

You win $100,000. Case costs are $10,000. The case costs are paid ‘off the top’ from the $100,000. Your attorney now receives 33% of $90,000 ($29,700) rather than 33% of $100,000 ($33,000).

Negotiate with your lawyer that case costs will be paid “Off The Top” of the final settlement or award. Make sure this is in writing and agreed to from both yourself and your lawyer.

But who pays the case costs should you lose your case?

This is also where you need to be sure you have a specific, written agreement with your personal injury lawyer. Depending on the strength of your case your attorney might be willing to gamble and say they will pay the case costs even if you lose.  Or you could agree that you both split the case cost fees. It can and should be negotiated.

Questions to ask the personal injury attorney:

1. What percentage do you expect do be paid from the financial award?
2. Do you work on a sliding scale for fees if we go to trial?
3. Will you allow case costs to be paid ‘off the top’ rather than after you receive your percentage?
4. Will you absorb case cost fees if we lose the legal case? If the answer is “no” to this question, don’t lose heart. Press on and ask if the personal injury lawyer will at least split the fees with you. Don’t be afraid to negotiate.
5. If the lawyer’s answer is still a “no” then have a payment plan in place that works for your own financial situation.

Some lawyers work with doctors and other medical specialists who will provide treatment on a medical lien basis. That means you do not owe any money for medical expenses until the time you win or settle your lawsuit. These medical professionals can assist you in documenting your injuries and treatments. You will need these documents at mediation or trial to help prove your case and make sure you are fully compensated.

Questions to ask a personal injury lawyer?

1. Can you arrange for medical treatment for me?
2. Can you arrange for medical professionals who specialize in my type of injury?
3. Can you arrange that payment will be on a medical lien basis?

You might meet with one of the partners at the law firm and be impressed. That’s great, but is that the lawyer who will directly handle your case. Or will you be working with a different lawyer in the firm? That’s perfectly fine. It’s very typical. But you need to make sure you feel comfortable with the lawyer with whom you will be having the most contact.

Questions to ask the personal injury lawyer:

1. Who will be the lead lawyer on my case?
2. Will I meet this lawyer prior to signing on with your firm? (The answer should absolutely be ‘yes’).
3. Will the lawyer handling my case have access to all of the law firm’s assets such as private investigators, assistants, etc.
4. Does this lawyer have trial experience?
5. What additional experience does this lawyer have?

What you don’t do is just as important as what you do. The ‘At Cause’ party will be looking for any reason to not pay you. They will work to find evidence that can look incriminating and hurt your case. Your personal injury attorney should advise the following and more.

Never, ever say you are not injured or that you feel fine at the time of the injury. You don’t know if you are injured or not. Only a doctor can evaluate you. Many times an injury does not become apparent for weeks, months and sometimes even years after the event. If you say you are not injured at the time of the event then that can be held against you in a legal case.

Don’t write anything on social media about your injury or your legal case. Nothing. Anything you write could potentially be used against you.

Don’t put photos on social media that might be used to disprove your case. Do you have a back injury? Then don’t put a photo on social media of you picking up your child. Do you have a leg injury? Don’t post an old photo of you water skiing.

Don’t sign anything! Unless your lawyer has specifically instructed you to sign a document, and you have read and understood it thoroughly, don’t sign anything!

Ask your lawyer before you renew any license especially a work-related license. If you are a trucker who has been injured in an accident then renewing your commercial driver’s license might signal you are fine to work.

Don’t discuss any details with the ‘at cause’ party or their insurance company. If either of them call or contact you tell them politely to speak to your lawyer. Then, not one word more.

Don’t forget you are under investigation.

It’s quite possible an investigator might follow someone to see if they are faking an injury. If a patient is supposed to need crutches to walk, then it doesn’t look good when photos show up of that patient walking without crutches.

Questions to ask the personal injury lawyer:

1. What should I NOT do? Go through the above list with your lawyer.
2. Ask if there is anything else to consider.

Remember that this is a legal battle. The opposing party will be looking for any reason to not offer you a financial settlement. You don’t want to jeopardize your case by making a silly mistake.

Follow your doctor’s advice perfectly.

If your doctor tells you do to something – do it. If you are supposed to go to physical therapy, see a specialist, take medication or whatever it might be – do it. If you do not follow any part of your doctor’s instructions then the ‘At Cause’ party can use this against you.

Keep a journal specifically about your injury and legal case. Write down names, dates, times and any important information of events that occur after your injury. Write down all of this information as soon as something happens. This is called ‘Contemporaneous’ information meaning you wrote it down at the time it happened, not later.

This could be a phone call from your doctor, something your nurse happened to mention, an unusual tidbit from your insurance agent or auto body repair shop. You don’t know what might be relevant later. Plus, if you are like most people you won’t remember the specific details in the future when it may become important.

Buy a binder and keep all of your medical bills and paperwork in order of date.

Complete every document your lawyer requests of you promptly. Keep a copy of everything for your records.

Questions to ask the personal injury lawyer:

1. What should I do to give my case the greatest chance of success? Go over the above list with your lawyer.

It’s up to you and your lawyer to prove your case. Keep in mind that you have the burden of proving “by a preponderance of the evidence” that the defendant should be held liable. You and your lawyer need to find all the evidence that is available in order to prove your case so that you can recover damages. Some of the types of evidence might be:

• Eyewitness Testimony
• Medical Records
• Video Footage
• Photos
• Expert Medical Testimony
• Communications such as emails, phone calls, texts, etc.

Questions to ask the personal injury lawyer:

1. What evidence should I try to locate? Ask your lawyer to be specific.
2. What evidence will you, the lawyer, try to locate?
3. Are experts needed for testimony?
4. How much does an expert cost?
5. What other costs are associated with locating evidence?
6. Is there anything I should not do in regard to finding evidence?

Different states have different statute of limitations for personal injury cases. For instance, in California, you have two years from the date of the injury to file a case. However, if the injury did not appear until later in your life you are allowed one year from the date the injury is diagnosed to make your claim. Other states have different time limits to file a personal injury lawsuit.

Questions to ask the personal injury lawyer:

1. By what date do I need to file my lawsuit?
2. What options do I have if I am beyond the statute of limitations date?

A law firm typically won’t start negotiating a settlement until you have recovered from your injury. This doesn’t mean you are fully back to the health you had before the injury. That may never occur. It means you have recovered to the best of your doctors expectations, have reached your maximum medical level of improvement, and you have been released from care. This physical healing process can take years. Law firms will wait until this point so that they can evaluate your future medical bills, loss of wages and other factors. If your case is going to trial most cases get set for trial eight to twelve months from the filing date of the lawsuit.

Questions to ask the personal injury lawyer:

1. What determines when you will file my case?
2. Does a doctor need to sign a document that states I am recovered to the best of their expectations?
3. How can I help get move this process forward?
4. What needs to occur before this process can move forward?

Whether or not your personal injury case goes to trial depends on the details of your case. Most cases are settled without going to trial. They are settled through a process called mediation. Basically both sides sit down with a neutral party, the mediator, and try to come to an agreement.

The defendant’s insurance company might be feel that you have a good chance of winning in court and will try to avoid attorney and court fees by settling. Or the settlement amount being requested is within the bounds of what the defendant feels is fair and probably what you would win in court anyway.

But what are the reasons that your case could go to trial? The defendant’s insurance company could think they will win at trial. So they offer you a low settlement or none at all. Conversely, the amount of money being requested in your case is so high that a mutually agreeable settlement can’t be reached. The defendant’s insurance company gambles they will do better in the court system and go to trial.

Keep in mind one important thing: In typical personal injury cases you will wind up keeping more money if you accept a settlement rather than going to trial. Why?

Because with a trial you will need to pay the case costs for investigators, lawyer travel, lawyer hours, court time and far more. You could wind up winning $100,000 at trial — but have to pay out the majority of that money in legal fees.

Questions to ask the personal injury attorney:

1. How strong is my case?
2. What are the chances we will go to trial?
3. What factors would force the defendant’s insurance company to want a trial?
4. Who pays the mediator and other legal fees if we settle?
5. Can we demand that the defendant’s insurance company pay all of my legal fees if we go to trial?

The short answer is, you don’t.  No reputable lawyer should promise you that you will win your case. But there are ways to help your chances. First, be truthful and accurate with your personal injury lawyer. Don’t exaggerate anything. That could lessen your overall credibility in court. On the other hand, don’t omit any detail no matter how small. You don’t know what might help your personal injury lawyer build your case.

Questions to ask the personal injury lawyer:

1. Do cases like mine typically win a settlement?
2. Is the defendant’s insurance company known to settle more often or go to trial more often?

Compensatory damages are what are awarded to restore your financial situation back to what it was before your injury.  However some states have a cap on damages. That means there is a maximum amount you can win for your personal injuries. Every state has different laws regarding personal injury settlements.

It’s best to look up what the rules are in your state. For instance, in California you might be able to recover damages for both economic losses and non-economic losses. An economic loss could be medical bills related to your injury and loss of future income. Non-economic losses could be pain and emotional suffering. How much money you receive depends on many circumstances.

How old were you when the accident occurred? If you were twenty years old you might have forty years of lost future income. You might have medical bills coming in for decades. How many people depend on you for your income? If you have a family to support that should be factored in. You don’t want to underestimate your needs. That’s why a good personal injury lawyer is essential. The lawyer will help you determine what amount you deserve.

In California, for instance, personal injury damages might be recovered for:

• Medical Bills
• Lost Wages
• Lost Earning Capacity
• Long Term Care
• Scarring or Disfigurement
• Physical or Occupational Therapy
• Pain and Suffering
• Negligent Infliction of Emotional Distress
• Injury To Reputation
• Wrongful Death
• Punitive Damages

Questions to ask the personal injury lawyer:

1. What damages do you think apply to my case?
2. What damages do you think do not apply to my case?
3. What is the statute of limitations for economic injuries?
4. What is the statute of limitations for non-economic injuries?
5. Is there a cap on damages for either economic or non-economic injuries?
6. What factors will you take into consideration in determining a monetary amount to ask for at settlement or trial?

You’ve been through enough with your accident and your injuries. A good personal injury lawyer will lift the burden of navigating the legal system. You will have someone in your corner fighting for you.

Finding the right personal injury lawyer gives you the opportunity for the best possible financial outcome. The information provided here hopefully helped to point you in the right direction.

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