How To Hire a Personal Injury Attorney

A personal injury claim is a demand for financial compensation from someone (or a company) that you alleged injured you personally. If the claim is not satisfied, a personal injury lawsuit may be filled. A personal injury lawsuit is a claim for money by an injured party against a party who’s actions caused the injury.

Choosing a lawyer for a personal injury claim and/or lawsuit is the one element of personal injury case that is totally within the control of the injured party. The difference between a good decision and a poor decision when choosing an attorney can make the difference of a relatively pleasant experience and a nightmare. It can make the difference between being informed and making logical decisions or being treated like a baseball in a baseball game. It can also make an enormous difference in your final net compensation and your feeling of an appropriate resolution when the case is finalized.

This page is designed to provide guidance in the selection of the appropriate personal injury lawyer for you and your case. My intention is to provide you the tools to make a wise decision that will lead to an appropriate outcome with a minimum of stress.

Most people in need of an attorney for a personal injury matter know to seek out an attorney who practices personal injury law. However, an attorney who handles small auto accident cases is not likely to have the skill or resources to handle an auto accident case where the injuries are substantially exacerbated by a defect in the design of the automobile, the failure of safety systems or a highway defect. Most personal injury lawyers do not have the skill, experience or resources to pursue major cases, especially when complex issues are involved.

What type of personal injury lawyer do you need?

Were you injured in an automobile accident, by a vicious dog, due to an on-the-job injury or due to a defective product? How and where your injury occurred are important considerations in determining what type of lawyer you want.

What is the realistic value of your claim?

Most personal injury lawyers concentrate their efforts in a value range. For example, the Bisnar|Chase firm will rarely ever take a case that has a realistic value under $50,000. Our operation is geared for the larger cases. Some personal injury attorneys will not take a case over a certain value. Why? They do not have the time and resources to pursue large cases and may not have the liability insurance to cover them. It may not be wise to retain a lawyer who has never been successful with a case of your size, from an experience point of view.

Who will pay the costs of pursuing your claim through to the end?

Pursuing claims is expensive. The costs can run into the hundreds of thousands of dollars. Even a relatively simple auto accident trial can easily generate $25,000 in costs. Most of the better personal injury attorneys will advance the costs of pursuing your claim. The best attorneys will not ask you to repay them if the case is not successful.

What does it cost to retain a personal injury lawyer?

Nearly every personal injury attorney works on a contingent fee basis. This means that the attorney’s fee is determined by a percentage of what is recovered. If there is no recovery, there is no fee. Usually the fee percentage is higher in more complex, expensive or time-consuming cases. The percentage should be spelled out precisely in a written attorney-client fee agreement. Fee agreements and percentages are not set by law and are negotiable between the parties.

Check list for choosing a personal injury lawyer:

1. How long has the attorney been in practice?

Suggestion: At least 15 years practicing in the State in which your case will be filed if a lawsuit is necessary.


2. How long has the lawyer been practicing primarily in plaintiff’s personal injury law?

Suggestion: At least 15 years of primarily plaintiff’s personal injury law and very experienced with cases similar to yours.


3. What is the attorney’s or law firm’s Martindale-Hubbell Rating*?

Suggestion: You want a lawyer or law firm that is rate "A", "V".


4. Does the lawyer or law firm regularly go to trial on their cases?

Suggestion: You want a lawyer or law firm that has a litigation department that is very experienced in trial work and regularly goes to trial on their cases.


5. Will the lawyer or law firm advance the costs necessary to pursue your case?

Suggestion: You want a lawyer or law firm that will advance the costs and not look to you to repay them if the case is not successful.


6. Can the lawyer show you testimonials from previous clients?

Suggestion: Ask for testimonials. A healthy list of current testimonials is a sign of satisfied clients and is a good indication that you may be satisfied as well.


7. How many similar cases has the lawyer successfully handled?

Suggestion: You want a lawyer that has successful experience with your type of case, experience with the type of defendant you are pursuing, experience with the type of law firm that will be handling the defense, and the court that the case my go to trial in if that is necessary.


8. Will the lawyer provide you a free consultation?

Suggestion: The best lawyers are going to provide a free consultation. The lawyers will not know if they are interested in your case without assessing you and your case. No need to bother with lawyers that do not provide a free consultation.


9. Do you and the lawyer communicate well? Are your questions answered clearly? Did the lawyer give you practical advice as well as legal advice?

Suggestion: You want a lawyer who answers your questions clearly, provides information, suggestions and insights greater than you asked about and listens to you.


10. How do you feel about the lawyer?

Suggestion: You want a lawyer you feel comfortable with and that you trust. If you are uncomfortable or do not trust him/her, keep looking.


11. Does the lawyer appear to care about you and your case?

Suggestion: You want a lawyer who loves representing personal injury clients and winning cases. If you feel confident with the lawyer who scores well on the previous questions, hire him/her.

What to avoid when you need to hire a Personal Injury lawyer:

Many people do not know where to find a skilled and qualified attorney who can aggressively represent their case. The following are some common mistakes that people make when choosing a personal injury attorney:

• Personal injury lawyer referral from a friend: Your friend probably had a different legal situation compared to yours, requiring different attributes in an attorney, which may not be what you need to recover monetary compensation for your injuries.
• Finding a personal injury lawyer in the yellow-pages: Yellow pages are impersonal and do not give you the background information that you need to hire a competent personal injury attorney.
• Choosing a personal injury attorney because the office is local: Convenience should not be more significant than skill, professionalism, compassion, and the ability to effectively represent your case. You should find an attorney who has all of the qualities that are needed for a successful outcome in your case.

* Martindale-Hubbell has been rating lawyers for over 100 years. It is by far the most widely recognized of all ratings of lawyers. There are two categories of ratings, "Legal Ability Ratings" and "General Ethical Standards Rating". The "Legal Ability Ratings" are: "C" (from Good to High), "B" (from High to Verey High), and "A" (from Very High to Preeminent). The "General Ethical Standards Rating" is: "V" (Very High).