 |
 |
 |
 |
|
|
|
Shopping For A Personal Injury Lawyer
How does one shop for a personal injury lawyer? They are generally not paid by the hour but, rather, on a contingent fee basis. Thus, there is generally no price component to the exercise (in the sense of dollars per hour). Below are non-price items that may help you to evaluation the competence of the lawyer.
- What is "personal injury"?
Lawyers often advertise that they practice in the area of "personal injury". What exactly does it mean? "Personal injury" generally means tort lawsuits or out-of-court claims for physical or mental injury to the person. Examples of the types of legal actions falling in category are listed below.
- Auto, motorcycle, ATV or truck accidents
- Slip and fall
- Product liability (injury caused by dangerous condition of product)
- Battery (being physically struck by another person)
- Reckless or intentional harm
- Slander
- Intentional infliction of emotional distress
- Police or private security use of excessive force
- Check credentials
Don't just look at the fancy office or certificates up on the wall. The lawyer should have a web site within which you can easily find his or her academic credentials. Here are a few things to look for.
- How long has lawyer been practicing law? Two or three years is still a novice for trial work.
- What school did the lawyer graduate from?
- What percentage of the lawyer's work is devoted to personal injury?
- How many personal injury cases has the lawyer tried to completion?
As to the last point, you would be shocked how many lawyers working in the personal injury field have tried very few cases. Why? They settle their cases and those that cannot be settled are farmed out to other lawyers who actually try it. My personal opinion is that it is better to have your case in the hands of a trial lawyer from outset. The insurance company is never scared by a guy who doesn't go to battle.
- Martindale-Hubbell Rating
Martindale-Hubbell is old legal publishing company that, among other things, has a ratings service. Lawyers within the community rate other lawyers. An "AV" rating is the highest. Here is an explanation from Martindale-Hubbell of their ratings system. Here is an example of a lawyer advertising a Martindale-Hubbell AV rating.
- Is the lawyer a specialist in personal injury?
Many states, although not all, have a process by which a lawyer can be certified as a specialist in personal injury or civil trials. Of those states that give certifications, few give one out in the category of personal injury opting instead for the broader category of civil trial. If the lawyer is so certified by the bar, he or she definitely will advertise this fact. Here is an example of a lawyer advertising that he is a certified specialist in a particular area of the law.
- Check for bar complaints
Has the lawyer ever been disciplined for an ethical violation? That's important to know. Here is a website with links to lookup a lawyer's bar information. Most states make this information available but not all. Here are the links for California, Texas, Florida, and New York.
- Trial record
How many cases has the lawyer taken to trial? If you case involves substantial injury or death, you want a lawyer who has experience handling cases of this size. What are the five largest verdicts your lawyer has ever received at trial? That information is critical for large cases. Has your lawyer tried cases with facts similar to yours such as a slip and fall or product liability case?
- Negotiation of fee percentage
The rule of thumb for contingent fee contracts in the area of personal injury is the lawyer fronts all expenses and receives 33% of the fee if settled and 40% if the case goes to trial. Is the lawyer willing to take lower percentage fee? It never hurts to ask. For a case with solid liability against the defendant and serious injury, you may be in a position to bargain a lower percentage.
- How quickly does the lawyer work?
Ask the lawyer upfront how quickly he or she intends to collect all your medical information, do witness interviews, and make the initial demand upon the defendant (or the insurance company). The quicker the lawyer does all the preparation work, the quicker you are in a position to receive an offer from the other side. Does the lawyer have an investigator or paralegal who assist in gathering the information needed to build the case? If the lawyer has assistants, this process may go faster.
|
|
Joseph Raymond, dated 5-3-2009.
DISCLAIMER
The above is provided for informational purposes only and is NOT to be relied upon as professional advice. The information presented on this site comes without any warranty of correctness and, therefore, should not be relied upon. This service is not a substitute for the advice of a professional. No attorney client relationship is created through use of this site.
|
 |
|
 |
|
 |
|
|
 |
