choosing a personal injury attorney

Finding and choosing the right lawyer for your legal issue can feel overwhelming.  This is particularly true when the need for a lawyer arises unexpectedly and without warning, such as when you are injured in a motor vehicle accident or as the result of someone’s negligence. 

So, how do you find an experienced and knowledgeable personal injury lawyer that can fully represent your interests and achieve an outstanding outcome for you?  There is certainly no lack of attorneys advertising on t.v., radio, internet, social media, billboards and so on.  Many have catchy phrases or clever sound bites to grab your attention.  They will “fight” for your rights.  They are “tough.”  They will boast they have recovered “millions” on behalf of their clients.  Virtually all of them will represent you on a contingency basis and not charge you any fees or expenses unless they win the case for you. You may have a hard time separating who is a quality lawyer versus who is the best marketer.

Of course, if you know a lawyer or someone you know has used a lawyer in the past, you might ask them for a recommendation.  The next step is to then contact the prospective lawyer.  This is absolutely the most critical point in choosing a lawyer.  This is where you can explain your circumstances and ask detailed questions of the lawyer.

Unfortunately, it is at this stage where most people fail to ask any questions beyond the basics of what the fees and expenses will be or how soon they can expect a resolution of their claim.  While this may be sufficient for comparatively smaller claims that do not involve serious, permanent or catastrophic injuries and where the liability of the other party is not in question, it can be an enormous and costly mistake.

When consulting with a personal injury lawyer for the first time you need to ask that lawyer specific questions about your case and general questions about the lawyer’s experience in handling cases such as yours.  The following are some but certainly not all the questions you should be asking the lawyer:

1. Experience – how long have they been handling cases such as yours?  While years of experience does not necessarily translate into more competence, you certainly do not want a lawyer right out of law school to be the lead attorney on your case.
2. Track record – How many jury trials have they handled in cases such as yours? How many favorable verdicts have they obtained over $100,000? Over $1,000,000?  Ask them about some recent large verdicts or settlements and the circumstances of the cases.  Keep in mind that a large settlement does not necessarily mean it was a good outcome.  If an attorney settles a case for a million dollars but should have settled for three million dollars or gone to trial, that is not a good outcome.
3. Expenses – Certainly ask the attorney if they pay for the expenses even if your case is lost. Most attorneys do.  However, you also need to know if the attorney is willing and able to engage medical experts, vocational experts, economists, private investigators, medical illustrators, accident reconstructions and other professionals that may be needed for your case.  These expenses can often run into the tens of thousands of dollars.
4. Process – Ask the lawyer what the general plan is for your case and a general timeline. Every case is different, but an experienced attorney should be able to give you an overall explanation of how the litigation process works, how long it takes and other general information that will apply to your case.
5. Practice areas – Does the attorney focus only on areas of law that encompass the type of law involved in your case? Or, as is often the case, do they handle a wide variety of legal matters such as criminal cases, immigration matters, divorces, and other areas of law?  While there are certainly competent general practitioners who can handle minor traffic accidents as well as other general legal matters, you should question whether they have the skill set and resources to handle significant accident cases or other complex negligent cases.  Think of a family doctor – they can handle a wide range of medical conditions, but would you want them to do brain surgery on you?

If the attorney cannot answer these, or any other questions, to your satisfaction then you should consult with another attorney. You should feel confident in your chosen legal representative. There are hundreds of attorneys out there that will accept your case.  You want to make sure that the attorney you choose has the skill, experience, and resources to thoroughly investigate and litigate your case and maximize your recovery.  Too many attorneys who claim expertise in personal injury cases are willing to accept your case and settle it quickly for far less than what your case is worth.  

In my over thirty years of handling complex personal injury and medical malpractice cases, I have seen numerous cases where the original attorney attempted to resolve a case quickly without putting in the time, money and effort to properly work-up the case and litigate it.  This is particularly true when the insurance company accepts responsibility and offers a low-ball settlement to the client.  Rather than advising the client to reject the offer, file suit and engage experts to thoroughly present a large damage case and force a much larger settlement, the attorney takes a quick fee without spending much time or money. 

At Ballenger & Roche we thoroughly investigate every case and will put all the necessary resources into your case to ensure that you obtain the best possible result.  We’ve taken over many cases from other attorneys and recovered double, triple and more than was offered previously. 

Matt Ballenger is a partner at Ballenger & Roche and concentrates his practice on serious, complex, and catastrophic medical malpractice and other serious personal injury cases.