A personal injury lawyer represents clients who have been injured through the negligence or wrongful conduct of others. Personal injury lawyers usually work on a contingency fee basis, meaning that they collect an attorney fee only if they successfully recover money for their clients.
When you or your loved one suffer an injury as the result of somebody else's action, perhaps it seems natural that the person would offer to compensate you for your injury, or that their insurance company will do the right thing and offer a fair settlement. Unfortunately, that rarely happens.
Many people will not take responsibility for their actions, and insurance companies profit from undercompensating injury victims. Insurance companies and their lawyers also know the governing law backwards and forwards, and they know that most non-lawyers have no idea what legal rights and remedies they possess.
An experienced personal injury lawyer knows how to build your case, how to negotiate your case with an insurance company, and, if necessary, how to take your case to trial. While it is possible to negotiate your claim with an insurance company yourself, insurance companies will typically do everything they can to take advantage of you and to effect the lowest possible settlement, while attempting to elicit statements from you that will damage your position if you ultimately decide to sue.
A lawyer is in a good position to help you obtain a favorable settlement that, even with the attorney fee deducted, significantly exceeds what you can obtain on your own.
Personal injury lawyers almost always accept cases on a contingency fee (or "contingent fee") basis, meaning that they if they win they receive a percentage of the award as their fee. If they lose, they do not receive an attorney fee.
The amount of the contingent fee your lawyer 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 lawyers 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.
Attorney Fees vs. Costs
Attorney fees are different from costs of litigation, and even if you don't owe an attorney fee at the conclusion of your case you may be responsible for certain costs associated with your case, such as the filing fee for your lawsuit. While payment of costs is rarely an issue, as most civil litigation settles short of trial, you may benefit from clarify the issue of costs with your lawyer before you enter into a retainer agreement.
There are many ways to seek a personal injury lawyer, but there is no single, best way to find a lawyer.
You can find the names of attorneys from a variety of sources. You may seek advice from friends, or from your doctor or another health care professional. You may use an online service, such as a referral service or lawyer directory. You may contact a State Bar lawyer referral service.
Go To An Attorney You Trust, And Seek A Referral
One of the best ways to find personal injury lawyer is to consult an attorney you trust. If you do not know any attorneys, ask your friends for names of attorneys they trust. It is not important that they give you the name of a lawyer who can handle your case - what is important is that the attorney is likely to comprehend the issues of your case, and is well-positioned to know which attorneys in your community have the skills to handle your case. Even if the attorney cannot personally take your case, he will often be able to refer you to a lawyer who can.
You should note within this context that attorneys frequently receive referral fees when they send personal injury cases to other lawyers or law firms. The amount of a referral fee may be significant - it is usually about a quarter to a third of the fee received by the personal injury lawyer who handles your case. The potential for a referral fee gives the attorney an incentive to refer you to a good personal injury lawyer - 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.
Many state bar organizations offer referral services to help people find attorneys. Usually, any member of the organization can list with its referral service, and you can't know just from the referral that the lawyer is truly qualified to handle your case.
You may also find a private referral service, often through television advertising or online ads, that will connect consumers with participating lawyers. Some referral services are careful about referring cases to qualified lawyers. Others charge fees to participating lawyers for each referral, and are focused primarily on collecting those fees instead of the quality of legal service that a participating lawyer will provide.
Many specialty organizations, such as the American Association For Justice , offer online directories of their members. Most lawyers with significant personal injury practices are members of the AAJ. However, most legal organizations are open to all attorneys, and membership means only that the attorney has paid the membership fee.
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, and offer little assurance of the competence or quality of participating lawyers. Regardless of their promises, most on-line directories will list any personal injury lawyer who pays the required fee, and they provide no guarantee that the listed attorneys are qualified to handle your case.
There are also a large number of websites on the Internet that look informational, but in fact are owned by law firms. Be wary of any "injury information" site that lists law firms or offers lawyer referrals, particularly if it does not make obvious the identity of its sponsor.
Can I Trust Lawyer Advertising
The issue of attorney advertising is addressed in the following questions:
Should I hire the personal injury law firm with the 1-800 number, and all of the ads on TV?
Generally speaking, television and radio advertisements are a bad way to find an attorney.
- Many 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, often many of the cases are referred out to other firms who share the enormous cost of advertising.
- Most of the time, the attorney with the big advertising campaign will not have an office near you.
- Unless your case is worth a lot of money, you may well find that you are quickly referred to a different firm or that you can't get much attention for your case.
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.
Should I hire a lawyer based on online advertising?
A great deal of online advertising, including not only text and display ads, but also lawyer websites, is meant to attract your attention and clicks, but offers little information that can help you determine if a lawyer is good at his job.
Today, even an inexpensive website will typically look polished and professional, and online advertisers for the most part go to the highest bidder. Also, even on some websites that appear to have good content, the content was written by somebody other than the lawyer.
You cannot take what you see on the Internet at face value, and need to be careful not to be misled into retaining a law firm that does not have the skill that its ads and marketing materials might suggest.
Should I hire the lawyer with the big "yellow pages" ad?
The yellow pages used to be a commonly used source of information about lawyers. With the rise of the Internet the importance of the yellow pages has diminished.
If you look at the "full page" ads in the yellow pages, you will likely find that there are two types. The first type is an ad for a local attorney, who has chosen to pay for the full page. The second type is an ad for an attorney from outside the area, sometimes from the same attorney who runs the huge television ad campaigns.
Many of the biggest ads will be from personal injury law firms, who anticipate that their large advertisements will bring them large numbers of injury cases. Many of the better personal injury lawyers and firms do pay for full-page ads. However, as was previously noted, some of the best personal injury lawyers do little or no advertising at all. Also, there are many attorneys who buy the largest ad that they can afford in order to make their practices appear better than they really are.
If you look through the yellow pages, you will see that most lawyers claim to specialize in personal injury cases. Many of these lawyers 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 you are seeking a personal injury lawyer, you should consider seeking a lawyer who specializes in the type of injury claim you intend to bring. Just as you would seek a specialized doctor to provide a special type of medical care, the practice of medical malpractice law is very specialized and in seeking a lawyer it is almost always best to seek out a lawyer or law firm which has significant experience in that area of law.
Most personal injury lawyers do not practice medical malpractice law, and many do not handle workers' compensation cases. Some lawyers specialize primarily in workers' compensation law, which is typically handled through a special system of administrative courts.
Beyond workers' compensation and medical malpractice, certain law firms specialize in particular types of injury or cause of action. There are personal injury law firms that focus primarily on burn injuries, or brain and spinal cord injuries. There are personal injury firms which concentrate primarily on car accidents, construction accidents, or litigation over defective products.
You will benefit from asking whether a lawyer you consult has experience with your type of injury before you make your hiring decision.
You are under no obligation to hire a lawyer merely because the lawyer provides a consultation, and many people choose to interview several lawyers before retaining counsel. Hiring a personal injury lawyer is a big step, and there is nothing wrong with consulting several lawyers to find one who makes you comfortable.
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 lawyer, and you have every right to decide not to hire the lawyer.
Questions for Your Injury Lawyer
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?
As desirable as references may be, it is often not possible for personal injury lawyers to give references from past clients due to attorney-client confidentiality. However, you may ask for references from other attorneys who are familiar with the lawyer's work.
Get a Written Fee Agreement
Any time you hire a lawyer, you should enter into a written retainer agreement with that lawyer. A written retainer 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. The agreement should describe the services that the lawyer will provide, and the fees that will be paid for those services.
Many personal injury lawyers use a relatively short fee agreement, but even if the agreement seems 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.
Sometimes problems arise during the course of the attorney-client relationship. In most cases those problems can be worked out by meeting with the lawyer and discussing your concerns. In other cases, the problems are more serious and may even result in the termination of the lawyer-client relationship.
Resolving Disputes With Your Lawyer
In the event that a dispute arises between you and your lawyer, 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 lawyer has acted in an unethical manner, each state has a "grievance" procedure where you can file a complaint against your lawyer and have your complaint investigated.
Firing Your Lawyer
Your lawyer works for you, and you have the right to terminate the attorney-client relationship. Please note, however, that your lawyer is still entitled to compensation for work performed on your case. If the lawyer was representing you on a "contingent fee" basis, the lawyer will likely be entitled to a portion of the proceeds of your case once it has been resolved.
Before you fire your lawyer, consider first consulting a different attorney. Sometimes the new attorney will help you better understand the issues in your case, and tell you to try to work out your problems with your lawyer. 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 lawyer.
If you are not successful in your personal injury claim, whether because a judge dismisses the claim before trial or because you do not get a favorable verdict after trial, it may be possible to file an appeal. An appeal asks a higher court to review a case for errors by the trial court that resulted in an unjust verdict.
In most cases, your personal injury lawyer will not be obligated to file an appeal on your behalf or represent you on appeal. Unless your retainer agreement requires your attorney to take on the appeal, your lawyer will ordinarily only have to represent you on the matters specified in your retainer agreement. Once a final judgment has been entered, your lawyer ordinarily has no further responsibility to represent you or to appeal your case.
In some cases your lawyer may be willing to file an appeal on your behalf, but lawyers who are receiving contingency fees will typically only agree to handle an appeal if they believe that there is a significant chance of having a dismissal or verdict overturned, and of obtaining sufficient compensation after that reversal to cover the costs involved in the litigation, including the appeal and legal proceedings that occur after the appeal.