FAQ's:
What is a personal injury attorney?
What are a plaintiff and a defense personal injury attorney?
Do personal injury attorneys specialize in different types of cases?
Where to find an attorney you trust and seek a referral
What about Referral Services, Legal Rating Services, Online Directories, and Advertising?
When should I seek the advice of an attorney?
How much does a personal injury attorney cost?
If I meet with an injury attorney, do I have to hire him?
What should I ask the attorney before I hire him?
Should I ask for a written agreement?
What if I hire an injury attorney, but I don't like the work he does?
If I want to appeal my case, does my attorney have to represent me?
What if a dispute arises?
What is a personal injury attorney?
Up until about 30 years ago, an attorney was an attorney. One attorney did it all: wills, business contracts, injuries, and, in some cases, criminal conduct. Today, because of our more complex laws, lifestyles, and safety concerns, attorneys tend to specialize in a certain field of law. If ever you do need an attorney who specializes in injury or even death caused by negligence on the part of a product, company, group or individual, this is handled by a personal injury attorney. Because of the need for thorough investigations, intricate knowledge of products, and expertise within our legal and court system, personal injury attorneys are highly specialized. Their level of expertise also varies from everything including automobile accidents to defective products to medical malpractice or a workplace injuries.
Most attorneys entered this field of law want to prevent needless injuries and suffering and to make sure that corporations and individuals take responsibility for their actions. An experienced personal injury attorney knows how to build your case, how to negotiate your case with the responsible parties or insurance companies, and, if necessary, how to take your case to trial
What are a plaintiff and a defense personal injury attorney?
If you are injured and seek justice, you are the "plaintiff". Your attorney would be a "plaintiff personal injury" or "trial" attorney. If you are the company who is being sued, you are the defendant and will be handled by a "defense personal injury" or "trial" attorney.
Do personal injury attorneys specialize in different types of cases?
Yes. When you are seeking a personal injury attorney, look for one that has handled several cases like yours. For instance, it takes medical knowledge by attorneys or their staff to successfully handle medical malpractice law. Some attorneys even have a nurse on staff to help evaluate a case from a medical viewpoint. The same is true for auto cases, workers compensation and other areas.
Or law firms may specialize in particular types of injury or cause of action. There are personal injury law firms which focus primarily on burn injuries, or brain and spinal cord injuries. Others concentrate primarily on car accidents, construction accidents, or litigation over defective products. You will benefit from asking whether a attorney you consult has experience with your type of injury before you make your hiring decision.
Where to find an attorney you trust and seek a referral
One of the best ways to find a personal injury attorney is to ask an attorney you trust from other dealings—business or personal. If you do not know any attorneys, ask your friends or families for names of attorneys they have dealt with. If an attorney has large yellow page ads or airs television commercials that promise a big settlement, that does not mean they are the best. Many of the most experienced attorneys do not need this type of promotion.
NOTE: If an attorney refers you to another, the referring attorney frequently receives "referral fees" when they send personal injury cases to other attorneys or law firms. The amount of this fee can be significant—it is usually about a quarter to a third of the fee received by the personal injury attorney who handles your case. This gives the attorney an incentive to refer you to a good personal injury attorney—but if this possibility makes you at all uncomfortable you shouldn't hesitate to ask if the attorney referring your case expects a referral fee.
What about Referral Services, Legal Rating Services, Online Directories, and Advertising?
Referral Services
Legal Rating Services
On-Line Directories
Advertising
Yellow page ads
Referral Services
Many state bar organizations offer referral services to help people find attorneys. There are also attorney referral services. Usually, any member of the organization can list with its referral service, but you can't know just from the referral that the attorney is truly qualified to handle your case.
There are also a number of legal professional organizations, such as the Association of Trial Lawyers of America and state trial lawyer associations, which offer online directories of their membership. Most attorneys with significant personal injury practices are members of ATLA. However, most legal organizations are open to all attorneys, and membership means only that the attorney has paid the membership fee.
Legal Rating Services
American Board of Trial Advocates (ABOTA)
ABOTA purpose is the preservation of the civil jury trial. Experienced and successful trial attorneys are selected who display skill, civility and integrity in upholding the civil justice system. They are also selected for their ability to help younger attorneys achieve a higher level of trial advocacy and to educate the public about the vital importance of the Seventh Amendment.
American College of Trial Lawyers (ACTL)
ACTL was founded in 1950 and is widely considered to be the premier professional legal organization in America. It is composed of the best of the trial bar from the United States and Canada. Fellowship in the College is by invitation, extended only after careful investigation; to those experienced trial lawyers who have demonstrated exceptional skill as advocates and whose professional careers have been marked by the highest standards of ethical conduct, professionalism and civility. http://www.actl.com
Best Lawyers in America
Published biennially since 1983, The Best Lawyers in America is widely regarded as the preeminent referral guide to the legal profession in the United States. The Best Lawyers lists, representing 30 specialties in all 50 states and Washington, DC, are compiled through an exhaustive peer-review survey in which thousands of the top lawyers in the U.S. confidentially evaluate their professional peers.
Because lawyers are not required or allowed to pay a fee for a basic listing. Best Lawyers has gained the respect of the legal profession, the media, and clients as the most reliable, unbiased source of legal referrals anywhere. It has received accolades from presidents of the American Bar Association, been frequently featured in the U.S. media and excerpted in more than 50 major metropolitan newspapers and magazines.
LexisNexis Martindale-Hubbell Lawyer Rating System
The law firm is rated AV by this Rating System. "A" is the highest rating in terms of quality of legal services and V is the highest in terms of professional ethics. These ratings attest to a lawyer's legal ability and professional ethics, and reflect the confidential opinions of members of the Bar and Judiciary.
Martindale-Hubbell's Ratings are considered invaluable when evaluating a lawyer. When making referrals or looking for counsel in another jurisdiction, lawyers need to have confidence in the individual under consideration. By reviewing the Ratings, they can select counsel with superior ethics, as well as the desired level of professional experience.
On-Line Directories
A number of commercial on-line directories claim to screen their attorneys, or claim to list only highly qualified attorneys. Most are not being completely honest. Regardless of their promises, most on-line directories will list any personal injury attorney who pays the highest required fee, and there is absolutely no guarantee that the listed attorneys are qualified to handle your case.
There are also a large number of websites on the Internet which look informational, but in fact are owned by law firms. Be wary of any "injury information" site that lists law firms or offers attorney referrals, particularly if it does not make obvious the identity of its sponsor.
Advertising
Beware of television and radio spots and yellow page ads that overpromise the results an attorney can deliver. Too often attorney advertising tends to give the legal profession a bad reputation at the expense of the ethical attorneys. Attorney ads should focus on how the law really works and benefits consumers rather than the attorney promises.
Some advertisements are paid for by referral agencies, which collect large numbers of calls and then divide them up between member attorneys. Even when the advertisements are paid for by a law firm, they may not handle the case. They will refer the cases to another firm, and get a referral fee for doing little or no work. Please note that, when it comes to hiring a personal injury attorney, many of the best personal injury attorneys do little or no advertising. They get their cases through "referrals" from other attorneys, due to their reputations for doing good work and getting good results.
Yellow page ads
Big ads do not always translate into experienced attorneys. If you look through the yellow pages, you will see that many attorneys claim to specialize in "personal injury" cases. Many of these attorneys have handled very few personal injury cases, and some have never had even a single injury case. The yellow pages can provide some degree of confirmation that a particular law firm is established, but even a big advertisement does not certify that a firm is qualified to handle your case.
When should I seek the advice of an attorney?
Most personal injuries do not charge for the initial consultation. It is important to start looking for an attorney as soon as the incident occurs so that an investigation can begin and important evidence not lost. At this point, a personal injury attorney will be able to help you to determine if you have a case and what will be needed to win. Although time is important, finding the right attorney is even more important. You can interview several attorneys to find one that has experience in your type of case.
You should also seek an attorney's advice before accepting any compensation from an insurance company, corporation or individual. Many people will not take responsibility for their actions, and insurance companies profit from compensating injury victims as little as possible. Insurance companies and their attorneys also know the governing law backwards and forwards, and they know that most non-attorneys have no idea what legal rights and remedies they possess.
How much does a personal injury attorney cost?
Personal injury attorneys almost always accept cases on a contingency fee basis, which means they will receive a percentage of the award as their fee. If they lose, they do not receive an attorney fee. Attorney fees are different from costs, and you may be responsible for certain costs associated with your case, such as the filing fee for your lawsuit, even if you lose. Don't be hesitant to clarify the issue of costs with your attorney.
The amount of the contingent fee your attorney will charge will vary somewhat from state to state. In most states, the attorney fee will be between one third and 40% of a personal injury award. Attorney fees for workers' compensation cases are more tightly regulated, and are typically lower than for regular personal injury matters. If your case is potentially worth a lot of money, you may be able to negotiate a reduction of the attorney's contingent fee; however, the best personal injury attorneys are usually not willing to negotiate their fees. They know that they are often able to recover substantially more money for their clients than attorneys with lesser skills, resulting in a greater award to you regardless of the percentage taken by the attorney.
If I meet with an injury attorney, do I have to hire him?
No. Although personal injury attorneys rarely charge for an initial meeting with a potential client, before your meeting you should ask if there is a fee for an initial consultation. If there is, you will be obligated to pay that fee even if you do not hire the attorney. However, even when the consultation is free, you have every right to take some time to think before you hire a attorney, and you have every right to decide not to hire the attorney. Hiring a personal injury attorney is a big step, and there is nothing wrong with consulting several attorneys to find one who makes you comfortable.
What should I ask the attorney before I hire him?
The questions you should ask will vary with your case. Consider the following list to be a starting point:
- What are your areas of specialization?
- Have you handled cases like mine before? How many? What was the outcome?
- Will you be the only attorney who works on the case? If not, who else will work on it?
- How long will it take for this case to be resolved?
- Will you take my case on a contingent fee basis?
- Are there things I should do to improve my case, or to help you?
- How will you keep me informed about the progress of my case?
- If I contact your office with questions, how long will you take to return my call?
- If you are unavailable or on vacation, who can I speak to about my case?
- How often do you go to trial?
- If I am not happy with a settlement offer and you want to settle, will you go to court anyway?
- If I am happy with the offer but you think we can win more at trial, will you follow my wishes?
- Have you ever been disciplined by an ethics committee, or been suspended from the practice of law? If so, why?
- What "continuing legal education" courses have you attended during the past few years? Have you taught any?
- What legal professional organizations do you belong and are you rated by any legal services?
Please note that, as desirable as references may be, it is usually not possible for personal injury attorneys to give references from past clients due to attorney-client confidentiality. However, you may wish to ask for references from other attorneys.
Should I ask for a written agreement?
Yes. A written agreement is the best way to ensure that your rights are protected, and in many jurisdictions is required for a contingent fee agreement to be valid. Many personal injury attorneys use a relatively short fee agreement, but even if it looks short and simple you should take your time and read the whole agreement before signing. If there is something you don't understand, ask for clarification before you sign.
What if I hire an injury attorney, but I don't like the work he does?
Your attorney works for you, and you have the right to terminate the attorney-client relationship. Please note, however, that your attorney is still entitled to compensation for work performed on your case. If the attorney was representing you on a "contingent fee" basis, the attorney will often be entitled to a portion of the proceeds of your case once it has been resolved.
Usually, before you fire your attorney, you will want to first talk to a different attorney. Sometimes the new attorney will tell you to try to work out your problems with your attorney. If you choose to hire the new attorney, the new attorney should be willing to work out the details relating to any fees you may owe to your prior attorney.
If I want to appeal my case, does my attorney have to represent me?
Generally not, unless your retainer agreement requires your attorney to take on the appeal. Your attorney will ordinarily only have to represent you on the matters specified in your retainer agreement. Once a final judgment has been entered, your attorney ordinarily has no further responsibility to represent you or to appeal your case.
What if a dispute arises?
In the event that a dispute arises between you and your attorney, many state bars offer dispute resolution services. These services can be of particular benefit in the event of fee disputes. If you feel that your attorney has acted in an unethical manner, each state has a "grievance" procedure where you can file a complaint against your attorney and have your complaint investigated.
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