What You Should Know About Any Lawyer You Hire

If you have 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 concentrates on personal injury cases. There are many attorneys who represent personal injury clients in addition to other practice areas, such as divorce, criminal defense or real estate. 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 difference areas of the body, or a 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. 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 verses several thousand dollars. The attorney you choose should have limited practice areas. Does the attorney write about personal injury?

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 injures 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 serious neck or back injury, you obviously want an attorney who understands spine medicine so proper treatment and diagnosis 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 serious neck and back injury claims make up the bulk of accident cases that exist in Alabama.

Choose an attorney who will actually goe 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 a trial. So why pick an attorney who is not afraid to try injury cases? To understand why this is such an extremely important factor 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. An attorney who will take your case to trial increases the insurance company's "risk" that it might have to pay much more money if the jury awards more than the last settlement offer. Simply put, the insurance company will pay more money to settle a case if there is a greater chance that the attorney will try the case in court.

Beware of attorneys who actively solicit. You should be cautious of attorneys who contact you in writing just after you or a loved one has been seriously injured or killed in an accident. Most state bar associations have rules against attorney solicitations, or at least have very stringent limitations on this sort of activity. I have no response for attorneys who feel the need to cross the line by actively soliciting client's 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 or simply signing you up as a client and referring you to another lawyer. If you were an insurance adjuster who knew that a particular attorney was a TV lawyer would you always take them seriously?

Understand bar association referral lists. Many local or state bar association 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.

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 understand how the two of you will be working together on your case.