Suffering an injury due to someone else’s negligence can be a life-altering experience. Medical bills, lost earnings, and emotional distress can quickly overwhelm you, making it vital to have the right personal injury lawyer by your side.
But with so many attorneys available, how do you choose the best one for your case?
Selecting the right personal injury lawyer can mean the difference between securing maximum compensation and settling for less than you deserve.
A professionally qualified lawyer should show you the utmost respect throughout the legal process. This guide will walk you through the essential factors to consider when choosing a personal injury lawyer who is most qualified and best suited to handle your case.
A Step-by-Step Process for Finding the Right Personal Injury Attorney for Your Case
You might have your own ideas about how to find the ideal personal injury lawyer for your case, but a strong start is to:
Determine Your Legal Needs
You should clearly understand your legal needs before you search for an attorney. Not all personal injury cases are identical, and some lawyers focus on certain claims.
The most basic way to evaluate your legal needs is to identify your case type, such as:
- A car accident: If you suffered an injury in a car crash, you need a lawyer experienced in dealing with insurance companies and proving liability. Fatal traffic collisions alone can cost as much as $470 billion in a single year, and the cost of your own case may be substantial.
- A truck accident: Cases involving commercial trucks are complex and require knowledge of trucking regulations and corporate liability.
- A slip and fall accident: Premises liability cases require an attorney who can prove property owner negligence.
You will need to make sure any law firm or attorney you choose currently handles this practice area. Ideally, they will have many years of experience handling your case type.
Evaluate Experience and Knowledge
An attorney’s experience level can greatly influence the outcome of your case. You want a lawyer who has handled similar cases and has a track record of success.
Some ways that you can gauge a firm or attorney’s experience are:
- Number of years in practice: More experience often means better legal strategies and negotiation skills.
- Success rate: How many cases have they won or settled favorably?
- Trial experience: If your case goes to court, you need an attorney who is comfortable in front of a judge and jury.
- Skill in personal injury law: Some lawyers handle multiple types of law, while others focus exclusively on personal injury cases.
One more tip: Check the lawyer’s website or online profiles for information about their past case results and areas of experience. If you do not find all the information you seek, or even if you do, ask the firm’s representative about their qualifications during your free consultation.
Dive Into Client Reviews and Testimonials
Reputation matters in the legal field. You should take notice if you see an overwhelming number of positive or negative reviews for a given firm or attorney.
You may find helpful reviews and testimonials via:
- Google reviews: Many law firms have Google profiles with client ratings and feedback.
- Yelp and other legal directories: Websites like Avvo, Justia, and Martindale-Hubbell provide client reviews and peer endorsements.
- Law firms’ websites: Many attorneys showcase client testimonials on their official websites.
As you read reviews, consider:
- Whether former clients are happy with the overall experience and results
- How communicative former clients found the firm
- Whether the attorney secured a fair settlement for the clients
- How the law firm handled complex negotiations with insurance companies
Put stock in what former clients say.
Assess Communication and Accessibility
When dealing with a personal injury case, timely and clear communication is essential. You want a lawyer who is easy to reach, keeps you updated, and explains legal terms in a way you understand.
Take advantage of the free consultation, which allows you to ask:
- How quickly does the lawyer respond to phone calls or emails?
- Will they handle your case personally or pass it to a junior attorney?
- How often will they provide updates on your case?
- Do they offer a free consultation to discuss your case before hiring them?
A good personal injury lawyer is attentive, available, patient, and willing to answer all your questions. Prioritize communication when you are looking for your personal injury attorney.
Understand and Evaluate Fee Structures
Most personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win your case.
However, you should always clarify their fee structure upfront, as you might find that different firms use:
- Contingency fees: This is where the lawyer receives a percentage of your settlement or court award.
- Hourly fees: These are less common for personal injury cases but may apply in certain situations.
- Flat fees: Some lawyers use flat fees for simple legal matters, but they are not common for injury claims.
Choose a lawyer who is transparent about their fees and won’t leave you with unexpected costs. You might seek a lawyer who uses a contingency fee to ensure you don’t have to pay any out-of-pocket costs for representation.
Ask About Their Negotiation History and Trial Results
Most personal injury cases are settled out of court, but sometimes, insurance companies refuse to offer fair compensation. You need a lawyer skilled in negotiations and prepared to take your case to trial if necessary.
Questions you might ask about the firm’s results are:
- How often do they settle cases vs. going to trial?
- Do they have experience presenting cases before a jury?
- Are they confident in fighting against big insurance companies?
- What are some notable results the firm has achieved in cases similar to mine?
If your lawyer has strong litigation skills, insurance companies may offer a higher settlement to avoid going to trial.
Trust Your Gut
At the end of the day, you need a lawyer who makes you feel comfortable, important, and confident in their abilities. Trust your instincts when choosing legal representation.
If something doesn’t feel right, continue your search until you find an attorney who inspires trust.
Types of Cases a Personal Injury Lawyer Can Help With
A personal injury lawyer handles a wide range of cases where individuals suffer harm due to someone else’s negligence or misconduct.
Common types of cases include:
- Car Accidents: Injuries can be caused by negligent, reckless, or distracted drivers.
- Truck Accidents: These are complex cases involving commercial trucks, trucking companies, and federal regulations.
- Motorcycle Accidents: These cases often involve severe injuries due to riders’ lack of protection.
- Slip and Fall Accidents: Injuries in these cases can be caused by hazardous conditions on someone else’s property.
- Medical Malpractice: These cases often involve misdiagnosis, surgical errors, or medication mistakes by healthcare providers.
- Workplace Injuries: Your injuries may be covered by workers’ compensation or third-party negligence claims, and your lawyer will seek all the compensation you deserve.
- Defective Products: These are claims against manufacturers for unsafe consumer products.
- Wrongful Death: In these most tragic cases, survivors take legal action for families who lost a loved one due to negligence.
Personal injury attorneys also handle elder abuse cases, boat accident cases, negligent security cases, and many other cases in which someone’s negligence or intentional actions caused a victim harm.
If you or a loved one suffered harm of any kind, speak with a personal injury lawyer today.
How a Personal Injury Lawyer Handles a Case
A personal injury lawyer helps accident victims secure compensation for their injuries and losses. From the initial consultation to settlement negotiations or trials, they guide clients through every step of the legal process.
Initial Consultation
During the initial (typically free) consultation, the lawyer meets with the client to discuss the details of the accident. The attorney or their representative evaluates liability, potential damages, and the strength of the case. If the case is viable, the lawyer explains legal options and the claims process.
Investigation
An investigation generally calls for the personal injury lawyer and their team to:
- Gather police reports, medical records, and witness statements
- Secure and analyze photos, videos, and accident scene details
- Consult medical and accident reconstruction experts to build a strong case
Your personal injury attorney will take any other steps to produce evidence, provide the attorney with helpful information, or strengthen the case in other ways.
Filing All Necessary Insurance Claims (and Negotiating with Adjusters)
Personal injury attorneys often lead insurance claims for the client, and this typically requires them to:
- Submit a demand letter to the insurance company
- Negotiate aggressively to obtain a fair settlement
- If the insurer offers a low amount, fight for more compensation
Your attorney will handle all communications with insurers, protecting you and enabling you to stay focused on recovery.
Filing a Lawsuit (If Necessary) and Continuing to Negotiate
If initial settlement negotiations fail, your lawyer may file a lawsuit on your behalf. They can continue to negotiate a settlement with those liable parties, and the lawsuit can motivate those parties to settle because they don’t want to go to trial.
Completing Trial
If your case goes to trial, your lawyer will:
- Present evidence
- Cross-examine witnesses
- Argue the case in court
If the case succeeds, the client recovers damages for medical costs, lost earnings, and pain and suffering.
Everything your lawyer does will work toward securing all the compensation you deserve.
Recoverable Damages in a Personal Injury Case
When a person suffers an injury due to someone else’s negligence, they may recover damages to compensate for their losses. Personal injury damages typically fall into three main types: economic, non-economic, and punitive damages.
Economic damages are measurable financial losses directly related to the injury.
These may include:
- Medical expenses, including hospital stays, surgeries, medications, rehabilitation, and future medical care
- Lost earnings for time missed from work due to recovery
- Loss of earning capacity if the injury prevents the victim from returning to their previous job
- Property damage, such as vehicle repairs in a car accident
- Out-of-pocket expenses, including transportation to medical appointments and home modifications for disability
Non-economic damages compensate for the physical and emotional toll of an injury. These damages include:
- Pain and suffering caused by physical injuries
- Emotional distress, such as anxiety, depression, or post-traumatic stress disorder (PTSD)
- Loss of enjoyment of life if the victim can no longer participate in activities they once enjoyed
- Loss of consortium, affecting relationships with a spouse or family members
In rare cases where the at-fault party acted with extreme negligence or reckless disregard for safety, punitive damages may punish the wrongdoer and deter similar behavior.
What the Client Should Do During a Personal Injury Case?
A personal injury case can be a long and complex process, but clients play a vital role in ensuring the best possible outcome. Following these key steps can help strengthen a claim and maximize compensation.
Seek Medical Treatment and Follow the Doctor’s Orders
Get immediate medical attention after the accident, even if injuries seem minor. Follow all prescribed treatments, therapies, and medications, attend follow-up appointments, and keep detailed medical records.
Protecting yourself and your health is one of your most important duties as the client.
Communicate Actively with Your Lawyer
Your lawyer will be in touch, and you should:
- Provide honest and complete details about the accident and injuries
- Respond promptly to requests for documents or information
- Follow legal advice and discuss any concerns with your attorney
- Do not sign any documents or accept settlements without consulting your lawyer
Trust your lawyer and stay in touch with your lawyer.
Avoid Common Mistakes That Can Harm Your Case
Your case should be in a position for success if you:
- Do not post about the accident or injuries on social media
- Avoid discussing your case with anyone other than your lawyer
- Do not give recorded statements to insurance companies without legal guidance
- Stay away from activities that can contradict your injury claims
By following these steps, clients can help their attorney build a strong case and improve their chances of receiving fair compensation.
Hire Your Personal Injury Attorney Today
Do not wait to find a qualified personal injury lawyer serving your area. They may start working today, which will ensure you don’t miss any filing deadlines for your case.