Following a motor vehicle accident, most people find a personal injury lawyer by asking family, friends, health care providers, browsing through the yellow pages, or searching the Internet. It is an important decision as a good attorney can make a substantial difference in the outcome of a personal injury claim. If you are not at fault in the accident and have injuries that require medical treatment, most personal injury attorneys will be happy to meet with you. Many offer free consultations and advertise that if they do not make a recovery for your case, they will not charge any attorneys fees. When selecting an attorney, it is important that an injured person carefully selects an attorney that is the right fit for their case and their needs. Does the attorney have a track record of success and have they been tested at trail? Would you feel comfortable working personally with attorney and believe they would do a good job for your case?
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Experience is a very important factor when deciding which attorney to choose for a personal injury claim. Choose an attorney who has expertise in the area of injury, dedicates their practice to personal injury, and has a track record of success at trial. Many personal injury attorneys focus on auto accidents, bicycle and pedestrian accidents, semi-truck trailer accidents, bus accidents, and motorcycle accidents, while other attorneys are more specialized focusing on other claims relating to injuries or deaths in areas such as medical malpractice, asbestos, or food borne illnesses such as E. coli. Some attorneys have a general law practice and handle multiple types of cases such as bankruptcy, family law, and personal injury. However, because their knowledge base and time is spread out over multiple disciplines, it is best to choose an attorney who specializes in personal injury law. Young personal injury attorneys may not be as experienced as older attorneys, but they may be able to devote more time to your case and be able to provide more prompt client service depending on their caseload.
Having a good relationship with your personal injury attorney is also very important, as after all, your attorney will be handling highly personal, sensitive information, with much at stake. Even if the attorney has a good track record, make sure you would feel comfortable working with them and that they would have the necessary time and resources to devote to your case. Also, while the presentation of a the injury claim and court proceedings may be handled by the attorney, often they will have staff, such as a paralegal or legal assistant that will also be working on your case. They may assist with such task as: handling the property damage claim, towing bill reimbursement, obtaining loss of use damages, preparing correspondence, taking phone calls, and preparing documents for court, so it is important to have a good relationship with them as well.
After a motor vehicle accident, liability has two components: (1) property damage, and (2) injuries. Typically, once the injured person has completed their treatment or is otherwise prepared to formally present their case to the insurance company, the case eventually reaches a negotiation period. Most personal injury claims settle before going to trial. However, going to trial is a very real possibility and you should choose an attorney who has significant trial experience and has had success at trial. Insurance companies are sophisticated and will research past jury verdicts in cases involving attorneys, to determine their success rate. Even if you do not want to take your case to court, you should choose an attorney that is experienced at trial and has the resources and patience that, if necessary, can fight your case in court.
Personal injury attorneys typically work on a contingency fee basis. They typically do not charge any fees for their time and services until the case is settled. Once the case is settled, the attorney will then disburse the funds received from the insurance company, per the disbursement agreement, deducting their fees and costs, along with outstanding expenses, and then distributing the remaining funds to the client. Plaintiff attorney fees are typically 33-1/3% of the total recovery. Some attorneys charge more, some charge less. The fee is usually negotiable but as the old adage says, "you get what you pay for". Furthermore, you may not necessarily want to start off your relationship with your attorney with contentious negotiations. Some attorneys have an escalating clause in their representation agreement, that if the case goes to trial, their fee goes up to 40% or 50% of the total recovery. This is an important factor as it can discourage going to trial. Some attorneys require the client to pay for some fees up front, such as expert witnesses, as costs at trial can be thousands of dollars. While reducing the risk to the attorney and avoiding the advancement of funds, it can also help demonstrate the clients willingness to fight their case in court.
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