The process of filing a personal injury lawsuit can be long and stressful, especially for the uninitiated. Since there are many parameters to consider and decisions to be taken, it is best not to take any part of this process for granted. Filing a personal injury case requires you to seek a lawyer who not only has the legal know-how to deal with your case but also specializes in dealing with cases similar to yours.
In the process of finding the right lawyer for the case, you are likely to come across numerous lawyers who might seem qualified to represent you. Since personal injury lawsuits can be decisive and incur significant costs for you, it is better to do your due diligence before hiring a lawyer.
To help you with this, here are a few questions that we suggest you ask potential lawyers that you are thinking about hiring, before making a decision:
1. How experienced are you in handling this type of case?
The umbrella term, “personal injury” includes several types of cases such as car accidents, medical malpractice, slip and fall, product defects, and more. So during your initial meeting with a personal injury lawyer, ask how much experience they have in representing cases such as yours.
If they have handled cases similar to yours, go a step further and ask them to tell you about those cases, and more importantly, their outcomes. If they were not favorable, perhaps you will benefit from finding another lawyer to handle your case. Regardless, asking this question will give you a better understanding of whether the lawyer is equipped with the right skills to handle your case.
2. What are the chances of me winning this case?
As a victim, it is natural to feel entitled to substantial financial compensation, but that does not guarantee a win. The odds of winning a case depend on the case facts and a lot of other legal issues that are involved in the process. An unbiased expert such as a lawyer can thoroughly review the facts of your case and give you a rough idea of whether you can win the case, and if you can, how much compensation you can expect to receive.
Asking this question while you are still searching for a lawyer is important because experienced lawyers will be able to tell you whether you should pursue the case at all. It can save you a lot of time, costs, and disappointment down the road.
3. How involved will you be in this case?
Asking clearly about the potential lawyer’s involvement in the case is perhaps one of the most important questions to address during your first interaction. Lawyers generally work on multiple cases at a time, and some cases may be more time-consuming than others. So, before you hire a lawyer, make sure their caseload allows them to devote enough time and resources to handle your case diligently – from start to finish.
Moreover, if you are approaching a law firm for assistance, it is highly likely that a team of lawyers will handle your case, so the initial person that you are talking to, might not even be the one working the most on your case. In such cases, ensure that you have the contact details of the person who will be handling the majority of work on your case.
4. What will your fee structure be like?
This is one of the trickier questions because the answer might vary from lawyer to lawyer. Do not hesitate to ask more follow-up questions until you are completely satisfied and clear with the facts.
Most personal injury lawyers work on what is called, a contingency fee structure. Under such an agreement, your lawyer will get paid only after you recover compensation, either through court judgment or settlement. However, some lawyers will also offer other fee structures for you to choose from.
Remember: The lawyer’s fee differs from the legal costs that you could incur in the process which include court filing fees, information-gathering expenses, administrative fees, and so on. You should also seek clarifications on this so that you can decide whether you can afford to pursue the lawsuit.
5. In case we go to trial, do you have enough courtroom experience?
According to U.S. government statistics, only 5% of personal injury cases reach courtroom trials, as the other 95% end in pre-trial settlements. Hence, even the most prolific personal injury lawyers may not have enough experience in the courtroom. This is the precise reason why asking this question beforehand is important. Winning at trials has as much to do with experience as with skill.
You do not want a lawyer with very little trial experience for two major reasons: firstly, you will have lowered your chances of winning at trial, and secondly, the defendant might offer a lower settlement knowing that your lawyer has limited experience in the courtroom. Hence, you must choose a lawyer who is not afraid to go to trial, even if the odds of getting a settlement are higher in your case.
The Verdict
Filing and more importantly, winning a personal injury lawsuit is not as simple as it sounds. But with the right lawyer on your side, you can considerably raise the odds of your victory. Before hiring a lawyer and handing over the fate of your case to them, do your research and ask them the right questions. While we have covered the fundamental questions here, keep an eye on this space for more useful information as we keep updating our posts.