Choosing a Personal Injury Attorney: Mistakes to Avoid
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John J. Schalter
Contact John J. Schalter
Troy, MI
Practice Areas: Auto Accident, Brain Injury, Motorcycle Accident, Personal Injury, Trucking Accident, Wrongful Death
Other Articles by the Author
I see it time and time again. A person has been seriously injured as the result of someone else's negligence. Without so much as a warning, their life has suddenly been turned inside out. And it's left them angry, confused and frustrated!
Pain and suffering is now their constant companion. Fear and stress are building, because they are usually unable to work. They can't help but think, "How will my bills be paid? Will I be compensated for my losses?" Suddenly, it is as if they are carrying the weight of the world on their shoulder? All at a time when they are physically at their weakest.
Needless to say, this person needs help...
In my experience, the best way to find this help is to hire the most competent and caring legal representation you can find. Yet, there are so many lawyers. "How do you know which one is the best for you?"
This article details some of the critical factors (that in my opinion) you need to be aware of in order to make this very important and personal decision.
Lawyer Myths Exposed
If you've been injured, you will only have one chance to get fair compensation. Therefore, choosing the right lawyer could be one of the most important decisions you will make in your entire life.
That's why I'm going to expose some myths about lawyers. I sincerely want you to have the best possible chance at making the right choice.
Myth #1: All Lawyers Have the Same Experience and Training
The truth is, experience and training varies greatly from lawyer to lawyer and firm to firm. Yet, how do you learn this very important information? Very simple. You need to...
Ask Questions
What is the primary focus of his firm's practice? How many lawyers are on staff? What is their experience and training? Have they had cases similar to yours in the past? If so...what were the results?
Does the lawyer who wants your business try to be an expert in too many areas? Is he or she a "Jack of all trades and master of none." (What do his ads or brochures say about this?)
Some lawyers have vast experience drafting wills and working on real estate transactions. However, this does not mean they understand accidents and injuries.
More and more, the law (like most other professions) is becoming specialized. Most doctors will refer you to a specialist to solve a unique health problem. Think about it. Would you go to a heart doctor to treat a broken leg?
The law is no different. You need a lawyer with experience and expertise in the area of accident and injury law. Your financial future may be at stake. Don't settle for anything less than the best.
Myth #2: All Firms Have the Financial Resources to Handle Your Case
Almost all injury cases are handled by your lawyer on what is called, a "Contingency fee basis." I'm sure that you've seen the ads. "No fee unless there is a recovery!"
This means that the attorney fee is based upon a percentage of the final verdict or settlement. (Usually 1/3) This also means that your lawyer looks at your case as an investment. He will be investing his time and money into your case, well knowing that he will only get paid a fee if he gets a settlement or verdict.
However, most people do not know that this settlement or verdict is often dramatically effected by your attorney's willingness and ability to spend money on your case.
Cases handled on a contingency fee can cost a firm tens of thousands of dollars in costs and expenses. Experts and Investigators may need to be retained to prove your case. Depositions of several witnesses often need to be taken. Filing fees will have to be paid to the court. Medical records alone can cost thousands.
During the pendency of your case, normal office expenses (rent, phone, staff wages) continue on. Needless to say, your attorney will need to be financially stable and well funded.
Many Firms Cannot Make This Commitment
Consequently, lawyers who are not financially stable will often look for a fast and easy settlement of your case. Insurance companies (and their lawyers) can always sense this and use it to their advantage. This can reduce your settlement or verdict by tens of thousands of dollars.
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