HOW TO CHOOSE A PERSONAL INJURY ATTORNEY

Not all personal injury claims are created equal. Cases, claims and payments vary based on a multitude of factors, some of which are unrelated to the damage suffered.

WILL A LAWYER HAVE YOUR CASE?

First, for many plaintiff attorneys (note: a plaintiff is the person initiating the lawsuit), the first thing they will do is consider: «How likely is the personal injury case profitable?»

For a case to be profitable, there must be a Defendant or a party that can pay a judgment or settlement. If there are no such deep pockets, there is often no case. In fact, there is a term called «trial evidence» for someone who cannot afford a trial. That’s simply because a person with no cash or other assets will likely not be sued.

The attorney will then consider the amount of damages sustained by the Plaintiff or potential client. As before, if a plaintiff cannot report harm sustained (for example, physical injury, lost wages, pain and suffering), the attorney will likely not take the case. Many personal injury attorneys will only take cases with a significant amount of damages. This is because the attorney / client fee structure for most personal injury cases is based on a contingency model.

ATTORNEY’S FEES

A contingency model simply means that attorney’s fees will be calculated from a percentage of the client’s recovery.

It is not uncommon for a personal injury attorney to «face» the costs associated with a lawsuit with his own money. Given the inherent risk of filing a lawsuit, a low damage case is generally not a wise use of the time or resources of the personal injury attorney.

Still, prospective clients often underestimate the degree of damage they sustained. An experienced attorney will be able to diagnose if there are damages that the client overlooks or underestimates.

Only after those two considerations are met (i.e. enough money and damages) will a personal injury attorney even consider whether there is enough liability to file a case.

Assessing liability is even more complex than diagnosing damages, as Defendants sometimes have «affirmative defenses.» This means that although a Respondent acted irresponsibly, it is still not legally responsible for the damage. This may allow them to escape their responsibility.

Although important, responsibility is a secondary consideration to the first two factors. A good lawyer finds responsibility in places where minor lawyers cannot.

TYPES OF PERSONAL INJURY CLAIMS

There are many types of personal injury claims. Such lawsuits range from boating accidents, refinery explosions, slip and fall accidents, to commercial vehicle accidents (18-wheelers), to automobile accidents.

If you are looking for a personal injury attorney, it is important to know the history of your attorney. Many attorneys state that they are familiar with a specific type of case, but in fact do not understand the nuances associated with such varied lawsuits.

Additionally, a good attorney will diagnose the type of case and employ a strategy to recover money more effectively for your client.

NAVIGATION ACCIDENTS – LAW OF JONES

For example, an offshore boating accident case may be brought under the «Jones Act».

The Jones Act is a federal maritime law that gives specific rights to injured sailors, crew, and other maritime workers. Such workers have the right to file a claim for lost wages and health benefits. They can also file a claim or lawsuit against a negligent employer or a third party, and / or file a seaworthiness claim if improper maintenance of the boat caused the accidental injury. The Jones Act also includes a provision that gives you the right to visit a doctor of your choice and receive a second opinion.

REFINERY ACCIDENTS AND EXPLOSION

In contrast, explosion cases are expert-intensive and require a thorough investigation of the source and cause of the explosion. Such claims are often expensive, but the high level of damages and the certainty of payment often offset the expense.

CAR CRASH

Other personal injury attorneys specialize in routine car accidents. Such cases have a common playbook and focus on which person caused the accident. It also analyzes the medical records of the injured plaintiff.

LAWYERS TO AVOID

Be careful with the lawyer who advertises a lot but tries to solve all the cases without considering if the case would receive a better recovery if judged. Unfortunately, many attorneys employ this type of strategy to the detriment of their clients.

When considering hiring a personal injury attorney, look not only at the attorney’s record of wins and losses, but also at their behavior. Is the lawyer a fighter or is he shy or afraid? Is the lawyer committed to his clients? Often, a client has an «intuition» regarding their attorney, and whether that attorney gives the client everything.