After being hurt in an accident one of the most intimidating tasks you face is choosing an lawyer to represent you. Accident victims are bombarded with television ads, billboards, yellow page ads, and in some instances, even direct mail advertisements. All of these ads have a few things in common. The attorney usually states they will “fight aggressively” for you, or that they’ve gotten their clients enormous settlements, and sometimes they even have flashy nicknames or catch phrases. Ignore the ads.
When looking for a personal injury attorney the best way to ensure you are going to be getting good representation is to ask questions and watch out for red flags. The first red flag is whether or not you get to meet with an attorney for an initial consultation. Many firms tell you that the case is screened by a “case manager” or a “case specialist”, or sometimes even a paralegal. These firms will sometimes try and get you to sign up over the phone without even letting you talk to an attorney. They will send an “investigator” to bring papers for you to sign and will work hard to get you to sign up as quickly as possible. Ignore these firms. If the attorney will not even give you the courtesy of an initial consultation, imagine how much time the attorney will spend on the case. These firms generally assign huge numbers of cases to each attorney and consequently, the attorney’s cannot dedicate very much time to each case.
The next red flag is that the attorney tries to have you pay some up front costs or retainer. Unless you elect to pay the attorney hourly, personal injury attorney’s work on contingency, meaning that they are paid their fees out of the settlement or verdict. Sometimes, a lawyer will request you give them a certain amount of money to cover the costs of the case. This may be a red flag; in that it may indicate that the attorney doesn’t have enough capital to front the costs of the case, which brings me to my next topic: Ask questions.
It is important to be an advocate for yourself, and in being an advocate, you must ask questions. Ask the attorney how many cases each attorney handles at any given time. Make sure that you feel comfortable with the attorney handling that many other cases on top of yours. Also, ask the attorney if they will be personally handling your case, and if they will not, ask to meet the attorney who will be handling the case. Make sure that you are comfortable with that attorney. Ask how frequently you can expect to hear from the attorney, not the paralegal or case manager, but the attorney. Find out how much trial experience the attorney handling your case has, and more importantly, the percentage of cases that the firm files a lawsuit on. This is important because, while most cases settle before going to trial, it is imperative that insurance companies know the attorney is willing and capable of filing a lawsuit if necessary, it is the only way they are willing to offer top dollar on the case. Simply filing a lawsuit doesn’t mean that the case will go to trial. Finally, don’t limit your questions to the attorney. Ask around. Ask friends or family members who have used an attorney if they would recommend their attorney. If you know any attorneys ask them, or ask your doctor who they would recommend. The bottom line is that you must trust your lawyer, if at any point you don’t feel as though you are connecting with them move on.
Choosing an attorney is a decision that should not be taken lightly. It is good to visit a few before making your selection. Don’t be pressured into hiring a lawyer until you are confident you are selecting the attorney who will get you the best recovery and treat you respectfully throughout your case.
Steven Rodemer is a Colorado Springs personal injury lawyer at the Law offices of McDowell Laybourne and Rodemer, LLC. His practice includes Colorado car accidents truck accidents, slip and fall cases, medical malpractice and all other personal injury cases.