Car Accident - Choosing The Right Attorney

How To Choose The Right Attorney For Your Accident Case

If you've ever browsed through the "yellow pages" of your local phone book, you'll often find numerous advertisements (some times dozens of pages) for personal injury attorneys. These ads usually say the same things: "Free Consultation" "No Recovery, No Fee" "We'll Protect Your Rights!," "Aggressive Representation!" or "Need a Lawyer?" How on earth does someone who has never had to hire an attorney wade through all of these ads and find a qualified personal injury attorney, let alone someone that is good?? Finding a good personal injury attorney can be challenging, but not impossible. Here are some guidelines, which if followed, should make your search easier and also relieve some anxiety.



*Choose an attorney who specializes in personal injury. There are many attorneys who represent personal injury clients in addition to other practice areas, such as divorce, criminal defense or real estate. You should pick an attorney whose practice is devoted 100% to personal injury law. The field of personal injury is too complicated for a "generalist" or "part-time" lawyer to master. If you needed surgery on your shoulder, would you rather see a "general" surgeon who performs surgery on many different areas of the body, or a surgeon who only does "shoulder surgery?" Most people would choose the specialist. Don't take chances with your personal injury claim by hiring a "generalist."



*Choose an attorney who demonstrates expertise in the field of personal injury law. There are too many different types of the law for any one attorney to claim specialty in multiple areas. No one can do everything well. Most people want to see a specialist. The same is true for lawyers. The field of personal injury law is complex with subtle nuances that could mean the difference between recovering a few hundred dollars versus several thousands of dollars. The attorney you choose should limit his or her practice exclusively to personal injury law. Does the attorney write about personal injury? Has the lawyer lectured or taught other lawyers about personal injury law? If yes, these are good signs that the lawyer is a personal injury specialist.



*Choose an attorney who understands the medicine involved in your case. This is a no-brainer, right? But you would be very surprised at how many attorneys who claim specialty in personal injury have little understanding of the medicine and treatment involved with the client's injury. For example, take a case involving neck and back injuries. These types of injuries can be difficult to prove in court because spine medicine is extremely complex and the diagnostic imaging may show very little or nothing at all. Yet, this area of medicine has also undergone enormous strides and advances just in the last ten years. There are now new diagnoses in the area of spine medicine that literally did not exist a few years ago, not to mention new treatments and minimally invasive procedures that have been created due to advancements in technology. If you have a neck or back injury claim, you obviously want an attorney who understands spine medicine so proper treatment and diagnoses can easily be pursued or presented to the insurance company in negotiations, or made part of a persuasive presentation to a jury on your behalf. You would be surprised at how few personal injury attorneys really understand this area of medicine yet neck and back injury claims make up the bulk of accident cases that exist in Washington.



*Choose an attorney who actually goes to trial. I know, I know. If you're like most people who have a claim for injuries, you'd rather not have to go to trial. So why pick an attorney who actually does regularly try injury cases? To understand why this is such an extremely important factor when choosing an attorney you have to understand the business of insurance and why claims are settled. Essentially, the insurance company is in the business of "risk." That is, it accepts your money with the promise that it will pay you money if you encounter certain risks of harm or damage. The risks are usually low, which is why the insurance company can earn enormous profits. When it comes to paying a claim, the company only pays a "settlement" if there is a "risk" that the company may have to pay more if the person files a lawsuit and goes to trial. Attorneys who regularly go to trial increase the insurance company's "risk" that it might have to pay much more money if the jury awards more than the last settlement offer. Insurance companies regularly keep lists of the personal injury attorneys who do go to trial. These are the attorneys who can command premium settlement offers compared to attorneys who do not go to trial. Simply put, the insurance company will pay more money to settle a case if there's a greater chance that the attorney will try the case in court. That is why having an attorney who has a reputation of going to trial can actually increase your chances of avoiding trial.



*Choose an attorney who wins at trial. This goes without saying. An attorney who gets results at trial is the insurance company's worst nightmare. The carrier will pay much more money to settle a case if the injured person's attorney has a track record of winning at trial than if the attorney does not. Choose an attorney that knows how to win.



*Beware of attorneys who actively solicit you. You should be cautious of attorneys who contact you in writing just after you or a loved one has been injured, maimed or killed in an accident. Most state bar associations have rules against attorney solicitation, or at least have very stringent limitations on this sort of activity. I have no respect for attorneys who feel the need to cross the line by actively soliciting clients right after the accident. If an attorney engages in this sort of unethical behavior it may give some indication how that attorney might perform in your case.



*Be cautious of attorneys who advertise on T.V. or take out big flashy ads in yellow pages or other publications. Did you know that many of the T.V. and yellow page ads for lawyers are paid for by attorneys who have never actually tried a personal injury case in court? In fact, some of these advertisements are created by law firms that have a "policy" of always settling their cases without ever filing a lawsuit! If you were an insurance adjustor who knew that a particular attorney or law firm always settled short of trial, would you ever increase your offer for fear that a jury might award more?



*Understand bar association referral lists. Many local bar associations operate a "referral list" where consumers can get the name of an attorney. Just understand that the lawyer has signed up and paid a fee to be included on the referral list. Some but not all of these referral lists don't bother to check or verify the attorney's experience with the type of case that is being referred.



*The likeable lawyer is not enough. There are many people who choose to hire an attorney based solely on whether the attorney is likeable. I know of some very personable and likeable lawyers who claim to do personal injury law, but whom I would never recommend based on their limited experience and expertise. Would you let a likeable surgeon operate on your body if you knew the doctor rarely made it to the operating room? It is important that you like your attorney, or at least respect him or her, but it should not provide the only basis for your hiring decision.



*Choose an attorney who you feel comfortable with. You should feel comfortable with the lawyer and his or her ability to communicate with you. Does the attorney seem credible and trustworthy? Does the attorney explain everything to your satisfaction, or does he explain why an answer to a particular question can't be given at that time? You should feel comfortable with the lawyer. You should also understand how the two of you will be working together on your case.

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www.InjuryTrialLawyer.com www.WashingtonAccidentBook.com

Injury Case Roadmap: The Legal Process For Personal Injury Cases

Often times trying to negotiate a reasonable settlement with the insurance company is a waste of time. More and more insurance companies are taking a very aggressive stance in settling accident claims. Certain carriers have a reputation for making unreasonably low settlement offers, even if the injuries are severe. Often times the insurance companies use pre-lawsuit negotiations to find out as much as possible about you, your lawyer and your doctors. This can result in the unfair advantage to the insurance company not to mention a complete waste of time and effort for you. For these reasons, it may be advantageous to file a lawsuit immediately and then continue negotiating the claim if possible. Once a lawsuit is filed, the court will set certain deadlines including a trial date. These deadlines, and in particular a trial date, can help motivate the insurance company to make reasonable and diligent attempts to settle the case.



To start a lawsuit, papers must be filed in court and a filing fee paid. These papers are called a "summons" and "complaint." When a person files a lawsuit he or she is called the "plaintiff." The person or corporation that is being sued is called the "defendant." The plaintiff must personally serve a copy of the summons and complaint on the defendant. You only have a certain amount of time to settle your case or file a lawsuit and then personally serve the defendant. In Washington, this time is usually three years from the date of the accident.4 This deadline is called the "statute of limitations." It is a dangerous practice to wait to settle your claim right before the statute of limitations period expires. If you have to file suit right before the deadline and you cannot find the defendant or if you serve the wrong defendant, your case could be dismissed and you get nothing. For this reason, you should not wait to hire an attorney right before the statute of limitations is about to expire. Many attorneys, including myself, refuse to accept a case where there may be insufficient time to investigate the case, file suit and locate and personally serve the defendant.



After the lawsuit is filed and the defendant is served, both sides participate in a process of asking for and exchanging information about the case. This process is called "discovery." Each side is allowed to investigate what evidence and witnesses may be used at trial. The discovery process may entail sending or answering written questions (called interrogatories) and requests for documents and other tangible materials that are relevant to the case. The defendant's attorney will also be allowed to access your medical records and work history, including your financial records.



The discovery process may also include depositions. A deposition is a face-to-face meeting where the attorneys are allowed to ask a witness questions under oath while a court reporter transcribes the session. Any witness that may offer testimony at trial can be deposed, including you, your doctors, and your friends and family. If your deposition is requested, it is very important that you prepare for this with your attorney. Your conduct at the deposition can influence the value assigned to the case and also affect the likelihood of whether the case will settle before trial.



When a lawsuit involves a claim for personal injuries, the other side may be permitted to have their own doctor examine you. Therefore, the discovery phase may also include a request by the other side that you submit to a medical examination and/or psychological evaluation.



There are specific criteria to be satisfied before an involuntary medical examination of the plaintiff is allowed. In my office, we have a fairly specific stipulation that must be signed by the other side which imposes several conditions and restrictions on how the examination may proceed.



Depending on which county your lawsuit is filed in and the complexity of the case, the discovery phase can take many months or sometimes years. When discovery is completed, and each side knows what evidence will be offered at trial, this is the time when the parties may conduct settlement discussions. Sometimes the parties will engage in alternative ways to resolve the case, like mediation. In mediation, the parties agree to hire a retired judge or an experienced attorney who will assist the parties in reaching a settlement. Mediation is voluntary and nonbinding (unless a settlement is reached). A mediation session is also confidential so anything that is said during the session cannot be used at trial. Many times mediation can be used to successfully resolve a case. Mediation sessions can occur in one day or last several days depending on the size and/or complexity of the case.



If you fail to settle the case after discovery has ended, the case will then proceed to trial. Each side has the option of trying the case before a judge or jury. If a jury is requested by one side, a jury demand must be filed in court and a fee must be paid. The court rules usually require that certain documents must be filed and exchanged within 30 to 60 days before the trial date. These documents may include witness and exhibit lists, motions, trial memorandums, and jury instructions.

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Mr. Davis is the founder and CEO of the Davis Law Group. He brings over 15 years of practical yet innovative experience to personal injury cases. He practices law in Seattle, WA. http://www.InjuryTrialLawyer.com . Mr. Davis is the author of "The Ten Biggest Mistakes That Can Wreck Your Washington Accident Case" comlimentary copies are availalbe at http://www.washingtonaccidentbook.com