When you suffer a loss due to someone else’s negligence, it’s challenging to get them to admit liability. In most cases, you’ll need to go to court and allow the justice system to decide the merits of your case. In such instances, it’s essential to hire an experienced injury attorney to represent you.
How do you find out if the lawyer you’re considering is the right candidate? Asking the 10 critical questions below is the first step in vetting a potential injury lawyer.
1. What is your fee structure?
Many lawyers in the personal injury field work on a contingency basis, which typically means that you pay nothing out of pocket unless they reach a settlement or win the case. Only then does the attorney or firm get paid a percentage of the money that the court or agreement awarded you.
Therefore, in most cases, you will not have to pay a fee unless you recover money damages in your lawsuit. However, some attorneys handle fees differently, so you need to find out.
2. Am I liable for court-related costs if I lose?
A personal injury lawyer doesn’t always rely solely on the contingency fee. They may also bill you for expenses related to the case if the lawsuit fails. Get the agreement about the costs in writing up front, so there are no surprises later.
3. Do you have experience in court with a similar case?
Personal injury cases seem similar on the surface, but, as they say, “the devil’s in the details.” A lawyer who works primarily with car accidents may miss important subtleties in a medical malpractice case. Find someone with experience in your type of case.
4. How much time do you have to spare for my case?
Some attorneys take on far too many clients at one time. This may leave them too busy to give each case the attention required. Find out upfront when your injury attorney will file your lawsuit and when you should start to see results.
No injury attorney can give a down-to-the-minute timeline. An experienced one, however, should have a rough idea of how long it will take and should be just as committed to resolving the matter as you are.
5. Will we need to litigate, and, if so, what is your trial success rate?
The longer your case takes to resolve, the more expensive it is for the firm. Lawyers may try to reduce court costs by advising an early settlement. Be wary of firms that urge you to keep the case out of the courts – they may not be willing to do the legwork it takes.
Speak to them about their plans if it does have to go to trial. What success rate have they had with cases similar to yours before? Have they tried cases in front of a jury before?
Some lawyers barely set foot in a courtroom, preferring to settle cases before they go to trial. Others hand off the trial to other lawyers known as litigators.
6. How much is a reasonable settlement?
No reputable injury attorney will guarantee you an amount—or even that your case will be successful. They may, however, be able to give a rough idea based on the evidence that you have. They’ll need to conduct a thorough consultation with you in order to get the information they need.
Be wary of lawyers who seem to want to rush through this initial interview.
7. Who will deal with my case?
You might think that the attorney you meet will handle each aspect of your case. That’s not always true. Find out up front whom you will contact for progress reports or queries.
Will you deal with paralegals or less experienced associates as well? There’s nothing intrinsically wrong with this, as long as someone supervises the “B” team.
8. What must I do?
Your role doesn’t end at selecting the lawyer. You’ll have certain responsibilities and an integral role to play. Perhaps you’d like to be at the depositions and meetings, maybe not.
Find out in advance what your lawyer’s approach is, and make sure you’re up for the responsibility.
9. Have you ever been suspended or sanctioned by the bar association?
This question is something that you should also check out with the bar association. It’s an awkward question to ask, but how the attorney answers says something about them. If they lie to you or try to evade the question, that can tell you something about their character.
10. Do you have references?
The lawyer should have at least one client to whom they can refer you. They won’t be able to give you all the details of the case, but they should be able to put you in touch with the client so you can check references.
Don’t rely on the reviews on the website, as these usually skew in the firm’s favor.
Do You Think You May Need an Injury Lawyer?
We would be happy to consult with you about your case. Call us on (510) 328-3238 to schedule your appointment and discuss your case. Our team will work hard to evaluate the potential of your lawsuit.
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