Once the dust has settled after your accident, you’re probably thinking about your damages. Suddenly, you have expenses you’re trying to figure out how you’re going to cover and the steps for filing an injury claim can be complicated.
Working with a personal injury attorney can simplify the process. However, how do you know if you have the right legal representation? We’ll look at the qualities of the right personal injury lawyer so you can rest easy knowing your accident claim is in good hands.
Consider the Type of Case
Personal injury law is a big umbrella covering different types of accident claims. Your case may fall under vehicle accident rules or slip-and-fall. Other common types of personal injury claims include:
- Bus accident
- Pedestrian accident
- Motorcycle accident
- Uber and Lyft accident
- Product liability
- Dangerous or defective drugs
- Medical malpractice
- Workplace injury
The laws relating to accidents often vary depending on the type. For example, the steps to file a claim against a rideshare platform may be a little different than if you’re involved in a pedestrian accident. Your injuries can also affect your claim.
When you’re searching for an attorney, you want to work with one who has experience handling your type of accident claim, which also applies to your injuries.
Receiving compensation for a traumatic brain injury (TBI) may be a little different than the steps you take for a broken bone. If a fatality occurred, you may want to look for an attorney who has experience litigating wrongful death claims.
Do Your Research
A quick Google search will bring up pages of attorneys near you. Finding a lawyer isn’t difficult. The work comes when you’re trying to decide which attorney is best suited for your injury claim.
Along with checking the attorney’s level of experience with cases like yours, you also want to dive into the lawyer’s record. But don’t worry, this doesn't mean hiring a third-party vendor to vet the attorney.
You can learn a lot about a lawyer by reading their client reviews. Client testimonials should pop up on the attorney’s website. If the lawyer doesn’t have an online presence, they may not be the right choice for you. While there’s nothing wrong with working with an inexperienced attorney, it may not be the best choice for your case.
If you’re researching a law firm, look at their case record. What’s the percentage of cases one versus losses? If the law firm isn’t willing to disclose this information, it can be a warning sign.
You may also want to check the Martindale-Hubbell Bar Registry. Along with providing brief bios, the registry also publishes ratings. You can see where your potential attorney ranks compared to others in the same legal field.
Inquire About Fee Structures
Personal injury attorneys have a little more leeway in their fee structures compared to other types of lawyers. Along with offering flat and hourly rates, personal injury attorneys can also charge a contingency fee.
What is a contingency fee? This is an agreement between an attorney and a client. The attorney agrees to work on the case with the expectation of being paid if the claim is successful. If the claim is denied, the attorney doesn’t receive payment for their services.
Since you’re already dealing with the aftermath of the accident, coming up with attorney fees may be financially impossible. You may already be facing medical liens so the last thing you can afford is an attorney’s hourly or upfront costs.
If the personal injury attorney isn’t willing to work for a contingency fee, you may not have a strong case, and this also may not be the right lawyer to take on your claim.
The Attorney’s Resources
Most attorneys, especially law firms, have a robust support staff. These are the individuals handling the grunt work associated with your claim. Ideally, you should work with an attorney who has access to all necessary resources. This can be anything from a clerk keeping up with filing deadlines to accident scene investigators.
You may believe you have a strong claim but this doesn’t mean the legal system feels the same way. To successfully pursue an accident claim, you must prove the elements of negligence, which includes showing the defendant owes you a duty of care, they violated their duty, and this is the cause of your accident resulting in your injuries.
While this can seem like something fairly easy to prove, the process can be complicated. To help ensure you can prove your accident claim, you want to partner with an attorney who has access to all necessary resources.
Do They Have Trial Experience
Hopefully, you can settle your accident claim without heading to court. Unfortunately, while the vast majority of claims are successfully settled, some end up becoming lawsuits in civil court.
If your accident claim turns into a lawsuit, it means negotiations have failed. You and the insurance company can’t agree on a fair settlement amount.
Even though taking a personal injury case to court isn’t that complicated, you’re still letting a judge or jury debate the merits of your claim. You want to work with an attorney who has experience trying an accident case in court.
If the attorney doesn’t have a court record, you may want to keep searching for legal representation. This also applies if the attorney doesn’t have a great trial record.
Does the Attorney Work Off of Referrals
A referral doesn’t indicate an attorney is having problems finding clients. When cases are referred to attorneys, it typically means they have the best skill set for the claim. Finding out if an attorney works off of referrals can help you gauge their legal proficiency. After all, an attorney is unlikely to refer a client to an inexperienced lawyer.
When you’re researching potential attorneys, referrals can be an indication the lawyer is well respected in their field.
Finding the Right Attorney Isn’t Complicated
There’s likely no shortage of accident attorneys in your area, but choosing the right one can be difficult. Seek out attorneys who specialize in cases similar to yours, and make sure to check client reviews. With some research, you can find the ideal attorney to handle your accident claim.
Prioritizing those with the right expertise will enhance your chances of a positive outcome. Meeting with potential attorneys can also help you decide who best understands your situation.
