Finding the right car accident attorney to represent you after a crash can be overwhelming. With so many options, asking the right questions will ensure you choose the best advocate for your case.
When hiring a car accident lawyer, you cannot trust just anyone. Your choice of attorney can significantly affect the case's outcome.
Scores of car accident lawyers are out there, but only some are right for you. Even though you are dealing with serious physical injuries, you also need to keep an eye on the legal process.
Otherwise, too much time may pass, and you can find yourself on the outside looking in regarding financial compensation for your injuries.
You must hire the right car accident attorney for your case.
Things may begin with a referral from a family or friend or an internet search of reviews, and you may have zeroed in on a handful of attorneys who may be prospects for your case.
Then, you will proceed to an initial consultation with a car accident lawyer, which is the time when you both get to know each other. From your standpoint, you are trying to gauge whether the person you are talking to can handle what is essential to your financial future.
They want to know that there is a viable path to compensation in taking your case. Because of the contingency system, they will not receive anything if you do not win, so they will not take a case with tenuous chances of success.
Even though the initial consultation may last only 30 minutes to an hour, it will be vital because you may decide whether to hire the attorney based on what transpires. Thus, you must come to the initial discussion prepared with questions you want to ask the attorney. You must also take control of the conversation, learning what you need to know to decide whether to hire an attorney.
You do not have unlimited time to decide who will handle your car accident case. While you deliberate about your potential attorney, physical evidence may disappear, and the insurance company may pressure you into making various mistakes that will cost you money.
Hiring an attorney will protect their legal rights, and they will act as a buffer between you and the insurance company.
If you cannot prepare questions yourself because you suffered an injury, a family member or close friend can help you prepare for the initial consultation. You want to understand who the attorney is and what they can do for your case because you must know who will represent you throughout the legal process.
With that in mind, here are some questions you may want to ask a car accident attorney when you first speak to them.
How to Determine Financial Compensation
You may ask an attorney how much your case may be worth, which is difficult for an attorney to answer during a 30-minute conversation.
Your car accident attorney needs to know more about you and your life situation before the accident. Your lawyer will need to know more about your medical prognosis, income, and pain and suffering before they can zero in on an answer.
The answer is that everything depends on you and how your injuries have impacted you. Personal injury damages relate to your past and future harm, so knowing what you may face is vital. Your diagnosis and future prognosis will determine your compensation.
How Much Do I Need to Pay for Your Services?
Many accident victims are worried about how they may afford a lawyer, but their fears are because they do not understand how the personal injury legal system works. If you seek an attorney for something like family law or criminal defense, your lawyer will get paid differently. There, your lawyer gets paid hourly, and you must come up with money upfront for a retainer.
Personal injury law relies on the contingency fee system.
Contingency means that your lawyer only receives payment when a particular event happens. Here, that event is you winning your case by accepting a settlement check or an award from a jury, which is the only time you must pay an attorney for their time and services.
Until then, you do not need to pay an attorney from your pocket. If you do not win your case, you pay your lawyer nothing for their services.
What Are My Chances of Winning My Case?
An attorney can never guarantee success in your case because that is against the rules they must follow when providing legal services. Your attorney can listen to some of the facts of your case and give you a conditional answer about whether they feel you have a chance of winning.
Success in your car accident case comes down to proving whether the other party was negligent and caused your injury. That means that the other party did something unreasonable under the circumstances, and your injury would not have happened had it not been for their actions.
You must prove your claim by a preponderance of the evidence. Your attorney will need to gather proof showing that the other party was to blame for the accident, and the insurance company will concede that they have an obligation to pay you money.
How Will You Keep Me Informed About My Case?
Clear communication is vital in any attorney-client relationship. Ask your attorney how they prefer to communicate and how often you can expect updates on your case.
Whether via email, phone calls, or in-person meetings, ensure their communication style aligns with your expectations. Here, you are trying to gauge how the attorney will provide you with the customer service you need during your case.
Ultimately, you must make the decisions required in your case, although you will do that with the help of your attorney. Thus, you must trust your attorney deeply to make the proper decisions.
You are looking for an attorney who will provide responsive customer service. You are already under enough pressure in your case, and the last thing you want is to have a lawyer who does not call you back or respond when you need them.
Lawyers have a professional obligation to keep their clients informed about crucial developments in their cases. However, some attorneys provide better customer service to their clients than others.
Certain lawyers may make over-the-top promises about what they may do in your case, while others may give you realistic answers to reflect what they do in their daily business.
Ultimately, you must follow your instincts based on what you feel the attorney will do when handling your case.
Your relationship with your attorney is also crucial. How you work with them can go a long way toward determining the success of your case. You trust your attorney to perform critical tasks, such as defending you at depositions and questioning you on the stand if your case goes to trial. Thus, the rapport that you develop is vital to your case.
Your attorney may not necessarily be your friend, but they are someone that you will communicate with often during your trial. Pay very close attention to how your attorney addresses you during the consultation. If they are relatable and approachable, they may provide you with better customer service.
How Long Will My Car Accident Case Take?
Your attorney will likely give you the answer that the length of your case depends on the facts and circumstances. Ultimately, insurance companies hold many of the cards in your case. They can resolve your case tomorrow if they want, but they try to use time to their advantage by making you more desperate for money.
The one certainty is that the legal process may take considerable time from beginning to end. When dealing with an insurance company that does not want to write you the necessary check, nothing happens overnight.
You need to be as patient as possible to hold out to get the money you deserve. In some instances, you may work with a litigation finance company to get funds you need to hold you over until both parties can reach a settlement agreement.
If you are impatient or panic about money, you may rush into a settlement that costs you money. Your lawyer will counsel you to take your time when the facts and law are in your favor.
Will My Case Go to Trial?
Most personal injury cases never go all the way to a jury. You will likely settle your case at some point in the legal process, regardless of whether you file a lawsuit.
Your lawyer may advise you to engage the insurance company in the informal claims process, where you may ultimately negotiate a settlement agreement without even filing a lawsuit.
Know that a lawsuit is always available to you, and nothing says that you must first file an insurance claim. You can begin your case in court, where you will still need to deal with the insurance company, but you can still settle your case before it ever sees the inside of the courtroom.
Your attorney will remain engaged with the insurance company throughout the process, and they may negotiate a settlement agreement before your case reaches a trial. If you cannot reach a settlement agreement, the jury will need to decide your case after a trial in court, where both sides get to present evidence supporting their claims.
How Do You Personally Handle Cases?
Each attorney may have a different style and way of handling cases. Much depends on the facts and circumstances of your case and how the insurance company is acting. However, some lawyers may have more aggressive styles than others.
There is not necessarily a right or wrong answer to this question, but you want to understand how your attorney may approach your case. They may take a hardball approach with the insurance companies, putting maximum pressure on them.
Most attorneys will negotiate with the insurance company for at least part of the legal process before eventually going to court if those efforts prove unsuccessful.
Have You Handled Cases Similar to Mine?
Each legal case is different and may have separate facts, and you are not the same as other car accident plaintiffs. Still, your attorney should have some general experience in similar cases.
For example, suppose you have suffered an injury in a truck accident. In that case, you do not want an attorney who generally handles large numbers of car accident cases and has little experience in semi-truck accident matters.
At the same time, a divorce lawyer is not necessarily qualified to handle complex car accident cases.
The attorney should give you a brief bio and description of significant cases they have handled. Of course, past case results do not guarantee a particular result in your case, but you also want to know that the lawyer has a track record of success.
Work with an attorney with specific experience dealing with car accident cases. Ask about their track record and success rate in handling similar cases. This information will give you confidence in their ability to navigate the legal process and negotiate with insurance companies effectively.
By asking these questions, you'll better understand the attorney's experience, communication style, and fees. An initial meeting with an attorney helps you make an informed decision and choose the right car accident attorney to represent you and fight for the compensation you deserve.
Remember, your attorney should guide you through the legal process with confidence and experience.
If you need to call a personal injury lawyer, now is the time. Since it does not cost you any money from your pocket, there is no risk to you in hiring an attorney. You do have risks when you try to go it alone.
Thomas Waffenschmidt
Attorney
Thomas Waffenschmidt has served on the Pennsylvania Association for Justice since 1990 and has been a board member from 1999 through 2014. He has also served on the board of the Lycoming Law Association since 2008 and served as president in 2014.
Author's Bio