Tips on finding and choosing the best attorney for you and your injury case.
Whether you’ve decided to go to court, and you want to hire a lawyer to handle your injury lawsuit, or you want help settling your injury claim (or preparing it for small claims court or arbitration) you don’t want to hire just any lawyer. You want an experienced personal injury lawyer with whom you’re comfortable.
In this article, we’ll cover:
- methods for finding the right personal injury lawyer, and
- tips on choosing the right lawyer to represent you
Finding an Experienced Lawyer
The practice of law has become highly specialized, and many lawyers know less about personal injury law than you will after a bit of reading through this site. So, your first task is to find a lawyer who has experience representing claimants (known as “plaintiffs”) in personal injury cases. You may not want to be represented by someone who has primarily been a lawyer for insurance companies, even if they’re experienced. Such a lawyer may be too accustomed to taking the insurance company’s side, and might not fight hard enough for your claim. On the other hand, a seasoned plaintiff’s lawyer with experience on the other side (representing personal injury defendants or insurance companies) can be a real asset.
A Lawyer Might Not Want Your Case
Finding a lawyer you want to hire is one thing. But that lawyer also has to want your case. And a lawyer could have several reasons for rejecting you as a client.
Most personal injury lawyers work on a contingency fee basis. (See “Managing Lawyer Costs & Expenses in a Personal Injury Case”.) This arrangement means that the lawyer’s fee is a percentage of what you ultimately receive in compensation. And if the amount you are likely to receive is small, most lawyers will not take on the claim. That’s because a lawyer’s overhead—the cost of operating a law office—is too high to make small cases economically worthwhile.
However, even if your case is too small to have a lawyer take over the entire claim, it may still be possible to hire a lawyer on an hourly basis to give you advice on particular parts of your claim.
Even if your injuries are serious and your potential compensation is high, a lawyer might decline to take your case if the odds of winning full compensation are low. This may be because you were largely responsible for the accident because it is too difficult to prove that someone else was at fault, or because the person responsible for the accident has little or no insurance coverage.
Finally, a lawyer might refuse to take your perfectly good case for the same reason that you might not want to hire a perfectly good lawyer. That is, the two of you just might not feel comfortable with each other. If your personality and the lawyer clash right away, the lawyer may simply decide that handling your claim is not worth it.
Friends and Acquaintances
Contact friends or coworkers who have been represented by a lawyer in their injury claims. If they say good things about the experience, but that lawyer is on your list of candidates. But don’t make any decision about a lawyer solely based on someone else’s recommendation. Different people will have different responses to a lawyer’s style and personality. Also, at any particular time, a lawyer may have more or less energy or interest to devote to a new case. So don’t make up your mind about hiring a lawyer until you’ve met with them, discussed your case, and decided you’re comfortable entering a working relationship.
Lawyers You Already Know
You may already know a lawyer, either personally or because the lawyer has represented you before in some legal matter. So, when you consider hiring a lawyer to work on your injury claim, it may seem obvious to hire this person you already know.
But this lawyer might have little or no experience representing plaintiffs in personal injury cases. If so, ask the lawyer to refer you to someone—either in that lawyer’s office or elsewhere—who might be a good fit. Lawyers commonly refer cases to one another, and most lawyers have someone in their network who handles plaintiffs’ injury cases. As with referrals from friends or coworkers, however, do not simply take another lawyer’s referral as gospel.
Websites and Chat/Form Submissions
Websites like AllLaw.com (and Nolo.com) don’t just provide you with practical information on all aspects of a legal issue, they’re also portals to getting help from a qualified attorney in your area. Use the “Chat” and “Case Evaluation” tools right on this page to tell us a little bit about your situation, and take your first step toward the best outcome for your injury case.
Choosing the Right Lawyer
No matter how you initially connect with a candidate, it’s best to sit down with the lawyer to discuss your claim. Bring copies of all the documents you have concerning your claim: police report, medical bills, income loss information, and all correspondence with the insurance company, including your demand letter if you have reached that stage.
Most personal injury lawyers don’t charge for an initial consultation.
There are a few basic things to find out from the lawyer at the outset of your first interview.
Find out a little bit about the lawyer’s background and experience. If you’re interested in where the lawyer went to school, ask that— although it isn’t as important as experience in the real world. Some other questions might be:
- How long has the lawyer been in practice?
- Roughly what percentage of the lawyer’s practice involves personal injury cases?
- Does the lawyer most often represent plaintiffs (claimants) or defendants (businesses, insurance companies)?
- Does the lawyer have experience with the insurance company in your case or even the particular insurance adjuster?
Who Will Work on Your Case?
In almost every law practice, lawyers work together on cases. Often, less experienced attorneys and paralegals handle routine tasks. This can benefit you if work gets done more quickly. And if you’re paying by the hour, it’s to your financial advantage not to have the more expensive senior lawyer handling routine paperwork.