The initial consultation with an attorney is your time to ask questions and learn more about both the attorney and your case. This is your best opportunity to gain valuable information about the legal process and the specific attorney you are considering hiring for your case. You should always come to the free initial consultation with a list of questions to ask. If you are not in a condition to prepare for the meeting with a personal injury attorney, you should have a family member help you come up with questions to ask.
Here are some questions you may want to ask a prospective personal injury lawyer.
How Do You See My Case Proceeding?
You want to understand what to expect from the legal process you are facing. An attorney may handle your case in one of several ways. They might try first to deal informally with the insurance company to see if they can reach a settlement agreement. Many cases are resolved through negotiation with the insurance company after they have significantly raised their initial settlement offer. Other cases begin when a personal injury attorney files a lawsuit on your behalf in court.
Much depends on the insurance company you deal with and how they respond to your case. Some claims may need to be escalated because the company simply will not play ball.
Do You Have Experience With My Type of Personal Injury Case?
You do not want to hire someone who focuses on a different area of law, such as criminal defense or business law. Similarly, you do not want to hire a personal injury attorney who has never handled a claim involving your type of accident or injury.
An example is a personal injury lawyer whose practice involves handling large volumes of low-value car accident cases. They may not have the experience or resources to handle a complex truck accident case involving catastrophic injuries or wrongful death.
Personal injury cases are not all alike. In addition, some types of cases are more likely to go to trial than others. You want a personal injury lawyer whose experience matches the complexity of your case and who knows their way around a courtroom if your case ends up there.
How Are You Paid for Your Time and Services?
The key thing to know about a personal injury lawyer and how they are paid is that you never need to pay them anything directly from your own pocket. Personal injury attorneys are paid differently from other attorneys. If you were to hire a criminal defense attorney, they might charge you a retainer, so there is money available to pay them for future work they do for you. When that retainer is exhausted, you must write the attorney another check. Alternatively, you might pay regular bills for hourly fees.
Personal injury lawyers are paid from the proceeds of your case if you win. Before you receive a settlement or award, your attorney receives a percentage of your settlement or jury award. The percentage they are paid differs depending on whether your case settles or goes to trial.
How Will Your Firm Handle My Case?
The personal injury lawyer you are talking to may be part of a law firm with other partners and associates. If you have established a rapport with the attorney you are talking to, you may not want them to hand the case off to another lawyer who may not have the same experience level. Of course, attorneys may work with others in their firm to bring additional resources to your case. Still, you want to know what the firm will do at the outset of your case, so you know what to expect.
In addition, you may also ask how the lawyer intends to communicate with you during the case. A personal injury lawyer should be available and responsive to their clients’ questions and concerns. Of course, an attorney may not always return your phone call or email immediately. Still, they should generally be responsive and you should never have to track them down to address important questions, concerns, or case developments.
How Much Can I Get for My Injuries?
No personal injury lawyer should ever give you an exact amount of damages you can expect in a settlement the first time they speak with you. They need to review your case and your specific situation and losses before giving you a precise figure. The lawyer may not even know when you speak with them the first time how much insurance coverage there may be to pay for your injuries.
Your lawyer should explain the concepts that underlie personal injury compensation. They might advise that you are entitled to full compensation for your losses, including your economic and non-economic damages. However, the amount of compensation you actually receive may result from a lengthy battle between your attorney and the insurance company. Your personal injury lawyer may need to reject multiple settlement offers on your behalf before the insurance company becomes more reasonable in negotiations. It can take many months for you to finally reach a settlement agreement.
If you have not yet contacted a personal injury lawyer, you should not let any more time go by before you reach out to an attorney. The insurance company may gain the upper hand over you if a lawyer does not represent you, and you might end up with less money for your injuries, if you even receive a settlement check at all.
You can hand over all the details of your case to your lawyer. You only get involved in the case when you need to make key decisions or when you must testify at a deposition or trial. Otherwise, you can gain peace of mind knowing that you have an experienced personal injury lawyer who can level the playing field between you and the insurance company.
Meeting with lawyers and asking questions takes time, so you should never wait to begin the process. Start scheduling free consultation with nearby firms today.