- What are their peer reviews?
- What proportion of the cases they handle are the result of referrals by other attorneys?
- Send "solicitation" mailers to prospective clients' homes following an accident?
- Do they charge fees if there's an opportunity for recovery?
- What is the meaning of when lawyers state "no fee if there's no recovery"?
- Does the organization have staff and financial resources to handle my case?
- What types instances do they take care of every day?
- How many years have they dealt with personal injuries?
- Do they ever actually hear the cases in the court?
- Do they give classes or lectures at seminars on legal education?
- Are they members of legal associations which specialize in representing injured people?
- Are they accredited as such by the National Board of Trial Advocacy?
We will break down these questions and the reasons why they are important to ask below.
If you’ve been injured as a result of someone else’s negligence, you will be facing many important decisions in the days, weeks and months following an injury.
Finding the "right" lawyer to represent you is often the most critical factor in a successful recovery.
Insurance firms have the resources to employ experienced lawyers who specialize in defending personal injury cases. The expertise and experience of your lawyer will play a an integral part when it comes to the compensation you are awarded.
Many victims of injuries do not realize that the top, most successful personal injury lawyers in your area cost fees that are similar as unexperienced lawyers who have no track record of accomplishment in court.
Avoid the mistake of selecting a personal injury lawyer based on advertisements alone. There are unscrupulous lawyers who resolve your case fast regardless of what insurance companies will pay as these firms work on the "high quantity" or "quick turnover" basis. Every community has its share in personal injuries "wannabe" legal professionals who are eager to take your case quickly and settle it at a low cost for you (but an excellent return on the time and effort of the lawyer).
So , how do you find the best attorney to handle serious personal injury lawsuits?
Like all major choices, you should conduct some "homework" regarding the attorneys in your area. If you choose to speak with an attorney to discuss your situation it is important to ask the appropriate questions to determine whether the lawyer has a track performance record.
The aim of this no-cost report is to give you information that many victims of injury do not bother to research about personal injury cases. If you adhere to the guidelines included in this report, it could be an important difference in winning the case and getting nothing, or substantially less than what the amount your case is worth.
- There are sources that rank personal injury lawyers on the basis of what their colleagues have to say about them.
What can you do to find an excellent lawyer in an injury-related personal case? There are a variety of resources to look through before deciding on which lawyer you should schedule a meeting with. One one of the most reliable methods to determine a lawyer's credentials is to review sites that rank the personal injury lawyers' reviews on the basis of what other lawyers (and their rivals) review their services. Be aware that there isn't an officially recognized "rating" process for attorneys with personal injuries other than peer reviews by other lawyers. Here are peer review rating systems you can check out: Portland Car Accident Lawyer
- The Martindale-Hubbell Bar Register
( www.martindale.com) is a peer-review rating of more than one million lawyers across America. It also publishes brief biographies of the lawyers. Since its founding in the year 130 Martindale-Hubbell has served as the most reputable source of reliable and authoritative information on members of the legal profession within the United States. A "AV" rating signifies the lawyer or firm that has a very high or exceptional legal abilities and is the most exemplary reflection of experience, expertise as well as integrity and professional excellence. Martindale-Hubbell ratings are compiled by attorneys for lawyers and statesthat it "clearly is a proof of the highest ethical and professional standards."
- The Best Lawyers in America.
- (www.bestlawyers.com) The lawyers listed in Best Lawyers been selected by their peers as "the best" in 57 specialties, including personal injury and medical malpractice law.
- Superlawyers. ( www.superlawyers.com) Super Lawyers is an annual listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. Law & Politics performs the research, polling as well as the selection process for Super Lawyers using an attempt to determine lawyers who have achieved the highest level of recognition from peers and professional excellence. Five percent (5 percent) of lawyers in each state are designated Super Lawyers.
- Ask the lawyer "What percent of the cases you handle are the result of referrals by other attorneys"?
If you're interested in knowing which of the best personal injury attorneys in your local area inquire about the lawyers that practice there. It's crucial to know the percentage of the work load of a lawyer is based on the recommendations of other attorneys. In any profession or field the professionals working in the field generally are aware of who is good as well as who's not. If you're an attorney or a relative who practices law, it could be a good spot to begin. Even if they isn't involved in injury cases They are likely to have colleagues who are acquainted with personal injury cases or malpractice lawyers that are regarded among their colleagues as the top of the line in your area.
- Be wary of lawyers who mail "solicitation" emails to you at house after an accident.
Recently, a growing quantity of attorneys for personal injury are employing"runners" also known as "gophers" to get reports of traffic accidents written by state and local police officers. When the accident report is received, a member the staff of the law firm will examine the report in order to locate the address and name of the person who was injured. The law firm will send an "solicitation" email to injured party to inform them that the firm is available and willing to represent the injured person in an injury matter. In our local community it is not uncommon for the victim of an accident to receive anywhere from 15 to 20 requests from firms. One law firm located in the southern part of Indiana that mails a request to each traffic accident victim across Indiana, regardless of whether there is an official police report. Law firms who will continue to mail letters of solicitation after the first letter has been sent. They may even have staff members call the victim to inquire if they have received the solicitation letter.
The vast majority of lawyers who depend on solicitation letters work on an "high volume, rapid turnover" basis. They aren't able to get referrals from happy clientele or even other law firms, so they send out hundreds (and often hundreds) in solicitation correspondence in the hope that they'll get responses to their massive mailers. It's safe to say that victims of injuries who select an attorney on the basis of an invitation letter that they receive via mail aren't doing lots of research into the law firm they're hiring. A number of states are in the process of creating rules and laws that stop lawyers from mailing solicitation letters to injury victims.
- Nearly all personal injury lawyers will provide an initial consultation for free and won't charge fees for any case unless they receive a compensation.
Anyone who has ever encountered or heard of any ads (TV commercials or yellow pages, online websites direct mail solicitation letters or letters, etc.) from firms for personal injury discovers that each injury lawyer is offering the same deals:
- "No cost if there is no recovery."
- "Free first consultation."
- "We will be at your our home in your hospital room or even at home."
A lawyer who gives you an "free meeting" and states that they will not charge you a fee in the event of a settlement in the case (known as an "contingent fee" agreement) does not offer you any unique offer. Nearly every lawyer that specializes in dealing with Personal Injury cases is likely to offer the same claim.
- What exactly does it mean when a lawyer states "no fee if there is no recovery"?
Nearly every personal injury lawyer is able to handle injuries on a contingent fee basis. The term "contingent" fee is when there is no attorney fee unless there's an amount recovered that is proportional to the amount of money recovered. (i.e. typically 33.33 percent of the amount that is recovered). This is why the attorney does not charge the client for a fee unless there's any recovery. It sounds simple, doesn't it? It's not that simple. This is an area in which the victims of personal injuries need to be cautious before making the decision to hire an attorney to represent them.
If a lawyer is willing to take on your case on an hourly basis, and then loses the case there's never any issue as to how much you owe to the lawyer any money for their attorney's fee. There's nothing you owe. A third of nothing is nothing. However, the consumer must realize that there's a huge distinction between attorney fees and cases "expenses." Nearly every personal injury case will involve certain case "expenses" that must be paid to properly prepare the case. Case expenses are money given to third parties to ensure the case continues such as expert witness fees and court reporter fees expenses for medical documents, costs for doctor report, fees for filing, and the numerous other costs involved in an injury lawsuit.
The case expenses are dealt with differently by law firms of different sizes. In the case of a typical motor vehicle collision case when the settlement is not more than $100,000, costs for the case are typically lower than $5,000. In a more serious personal injury case that involves severe or irreparable injuries as well as in medical negligence lawsuit, the legal costs can be up to $50k or even more. There are various ways in which ongoing costs of litigation are managed in different companies, dependent heavily on the company's philosophy as well as the financial resources of the company:
- Another approach is to demand clients to pay
- the client to pay for all or a significant share of the costs associated with litigation prior to the commencement of a trial or on a regular basis. This could cause significant financial problems for the client.
- Another option is to have the lawyer cover all costs as the case moves through while the client pays the lawyer for any money earned at the conclusion of the trial, after the lawyer's contingency fees are taken out. For instance that the total recovery is $270,000 and the client and the lawyer have agreed to an one-third contingent fee in addition to reimbursement for expenses incurred by the lawyer and the lawyer has provided $10,000 to cover the cost of the case and the final payment of the settlement could appear as follows:
You will be awarded $170,000.
- The lawyer will get $90,000 in attorney fees;
$10,000 will be refunded to the lawyer for reimbursement of costs.
- Which happens with expenses in the event that the case fails? Some lawyers have the policy of not asking clients to pay their law firms for "out out of pocket" costs. Some lawyers require the client to pay the firm for all costs if the case ends up being lost. If you are a consumer with options, it is important to know the law firm's policies regarding reimbursement for expenses in the event when the case has been lost. If a lawyer is trying to convince you "don't be concerned about it and you've never had a loss in a court before," don't accept that reply. Even the most skilled personal injury lawyers fall short at times.
- Does the lawyer I am considering hiring has the financial and personnel resources to handle my case?
As previously mentioned lawsuits that involve grave or catastrophic injury can be costly to take to the court. For instance the typical medical malpractice case could involve up to six or additional medical specialty areas, all of which requires an expert witness who is hired to address issues in the area of. A serious injury lawsuit against a trucking firm could be involving accident reconstruction experts, trucking safety experts, as and the experts who are called upon to testify regarding the extent and nature of the client's injuries (treating doctors, life care specialists, occupational experts economists etc.). If a lawyer does not have the funds needed to fund the case in a proper manner the corners could be cut in the course for the clients' case. A client could be pressured into accepting an unsatisfactory settlement. It is advisable to employ an attorney with the funds to pursue an issue until trial, should it be necessary.
- What kind that do these lawyers deal with every day?
Certain attorneys have the status of "general lawyers" who take on a variety of types of legal matters which includes cases involving personal injuries. If you're facing a major personal injury issue you'll need an attorney who is able to handle personal injuries on a day-in and day-out basis. The law practice has grown so complex that it is nearly impossible for an ordinary lawyer to keep abreast of all advancements in personal injury law or medical negligence laws. The majority of lawyers hired by insurance firms for defense of personal injury claims are experienced experts who specialize in on the defence of individual injuries. A general practitioner is most likely to stand at a serious disadvantage when he is up against an insurance company that has a specialization with the protection of individual injury cases.
- How how long does this attorney have been dealing with personal injuries?
Most of the time lawyers handling medical malpractice or personal injury cases charge victims of injury exactly the same "contingent" fee , regardless of how long they've been working for. If a lawyer with just three years of experience is likely to charge the same amount as a lawyer with 25 years of experience and 100 jury trials for personal injury to his name and you are considering hiring a more experienced attorney. The expertise of your lawyer could make a huge differences in the final outcome in your situation.
- Does this lawyer really try cases in the court?
The majority of people think that every personal injury lawyer goes to court and hear cases regularly. It's not the fact. The majority of lawyers who call themselves as "trial lawyer" as well as "personal legal experts" do not have any experience in jury trials. A key things to ask is whether or not the lawyer is able to present cases before a judge or, if they do what frequency. This is an important query which a majority of people do not consider asking.
Lawyers who represent personal injury cases are aware of the injury lawyers who actually take on cases and those who do not. Insurance companies utilize this data to determine their risk. One of the most important questions an adjuster from insurance will ask in the event of a serious claim coming into the company is who is representing plaintiff?
Only one way to earn the most money for your case through settlement. The insurance company needs to be convinced the lawyer you hired is prepared and willing to take the case to the courtroom. If you employ an attorney who settles every time and does not go to court, prepare to pay a significant amount of discount for your case.
- Does this lawyer instruct other lawyers?
Lawyers who regularly speak at seminars on legal education (called "CLE" which is also known as continuing legal education) are admired by their colleagues in the field. They are invited to address legal education seminars because other lawyers would like to hear their opinions. Lawyers who write regularly in legal journals are typically the experts in the area and are aware of what they're talking about. Many personal injury lawyers provide the subjects of their public speaking events and their publications on their websites. If you're interested in knowing the extent to which a lawyer instructs other lawyers on the latest developments regarding personal injury laws, or write articles on personal injury cases You should look up the website of the lawyer, or request the resume of the lawyer.
- Are they members of legal associations which specialize in representing people injured?
There are national as well as state-based organizations made up of lawyers committed to representing the victims of injuries. They also sponsor legal magazines as well as legal educational programs. They also engage in lobbying to protect the rights of consumers. The most well-known organization in the nation is called the American Association of Justice (AAJ). In Indiana, the State of Indiana, the Indiana Trial Lawyers Association (ITLA) is a state-wide organization of plaintiff lawyers who are dedicated to protecting the rights of those who have suffered injuries. There is lawyers who don't belong or belong to one of these organizations but what makes you think you should choose this legal professional to handle your lawsuit for serious injuries?
- Are they an "board-certified" civil court lawyer certified by the National Board of Trial Advocacy?
Since the beginning medical professionals have employed a system of examination and peer assessment, which is known informally as "board recognition." The board certification process is designed to determine doctors with expertise in a specific area or sub-specialty area of medical practice. In recent times law enforcement has been adopting the same process of board certification in the medical field. In the legal profession, the National Board of Trial Advocacy (NBTA) is an organization in the United States that offers an application process for Civil trial attorneys to obtain board certification. This National Board of Trial Advocacy is part of a larger organization known as The National Board of Legal Specialty Certification. NBTA certification as an "civil trial lawyer" is available only to attorneys with years of experience in the courtroom as well as in preparing cases to be tried. Along with having experience in the courtroom the applicant must take an all-day test prior to receiving board certification from NBTA as an attorney for civil trials.
