Whether you’ve suffered an injury from a car accident, slip and fall, dog bite or suspect medical malpractice, the injuries can be life-altering physically, emotionally and even financially. It’s critical that each of these areas is addressed and compensated fully and fairly. To protect the rights you’re guaranteed under the law means hiring a personal injury attorney that is experienced in this area of the law and able to convey to you that level of experience and skill by answering the questions you may have. Before you hire an injury lawyer there are questions you can and should ask of your attorney.
Do I have a Case?
This is the first question you should ask. Sometimes the answer is clear-cut, but in other instances such as a medical malpractice case, there are a number of variables that must be taken into account. Your initial consultation with an attorney will be used to gather information and determine whether you do have a case.
Will I Have to Pay Any Fees?
The short answer is no. There are special terms used regarding fees a personal injury lawyer will charge for a case, but as a rule, a personal injury law firm is hired on a contingency fee basis. As the term implies, fees are taken on the contingency that the case is won. As we tell our clients, you pay no fee until we win your case. The fees an attorney will charge when the case is successfully settled will be a percentage of what you are awarded by a jury or the attorney can negotiate with the insurance company or the defense attorney hired by the insurance. Discuss the subject of fees up front so you know exactly what to expect.
Will I have to Pay any Costs?
While it unlikely that you will have to pay any fees for a personal injury attorney handling your case, there are costs that are associated with handling your case and some attorneys may charge you costs even when there is no recovery or when you lose at trial. Most people realize that there are costs that are associated with personal injury claims, ordering medical records and bills, ordering police reports, and if a lawsuit has to be filed, there is the cost of filing and serving the lawsuit, deposition costs, and if the case goes to trial, jury fees, court reporter fees and usually most costly expert witness fees. My law firm only charges the reasonable costs when we win your case at trial or by settlement. But many law firms do not do that. I recommend you find out what the payment of cost policy is from the personal injury attorney that you are thinking about hiring. If they require you pay all costs, even when they do not win your case, then I would continue looking for an attorney that only recovers his costs when he wins your case.
What Is Your Experience in Cases Like Mine?
When you contact an attorney regarding a personal injury lawsuit you will want to know his or her experience in this area of the law. Has he or she tried similar cases or negotiated with an insurance company for a settlement in the same type of situation? Many attorneys claim past success and yet have tried few lawsuits. While most people would rather settle their case without a trial, having an attorney that is truly a “trial attorney” with significant experience bringing cases to trial and winning at trial will provide you with the peace of mind that, if the insurance company does not treat you fairly and will only provide the nuisance of a “lowball” offer, you can always choose to go to trial with an attorney that gets the results that you want.
What Kind of Settlement Can I Expect?
If your personal injury lawyer has an extensive track record he or she will be able to speak with experience about the amount of settlements in similar cases and will be up front about what to expect. Since there is no standard one-size-fits-all amount your attorney can quote, you’ll need to rely on his or her experience. A more experienced attorney will be able to give you a more realistic idea of the amounts secured for clients in other similar successful cases.
Will I Have to Go to Trial?
There is always the possibility that your personal injury case will go to trial, however, an experienced personal injury lawyer will always work toward negotiating a settlement to your case without having to go to trial. It is when the insurance company on the other side, and the attorneys that work for the insurance company, do not treat you fairly that you need an attorney with extensive trial experience and success. There is always a chance that the best path forward for you to get full and fair compensation is going to trial. When the possibility of trying a case in court and before a jury of your peers is a consideration, the lawyer you choose should have the skills and experience of a trial lawyer. A good personal injury attorney will prepare for any eventuality. That’s another reason to ask the attorney you are speaking to about his or her experience with cases like yours. You can also consult legal databases, such as The Daily Journal and other publications to review your attorney’s trial record.
Is Your Attorney Familiar With The Court System?
If you’re an Orange County resident you will most likely choose to work with an Orange County personal injury lawyer. For most cases that go to trial in Orange County the location will be the Orange County Superior Court (officially the Superior Court of California of the County of Orange).
The court is located in Santa Ana. Your lawyer’s proximity to the court is also a consideration (and as an aside, Kyle Scott Law in Tustin is 3.4 miles from the Courthouse).
Familiarity with the Orange County court system (including individual judges) is something a lawyer earns over time and another reason to ask about the experience of your lawyer.
Who Will Be Handling My Case?
Another question you should ask is who will be responsible for your case. If the law firm you choose is a single-person practice, the lawyer you meet and discuss the case with will be the one who sees it through from beginning to end. At larger firms, your case may be given to someone other than the staff people you initially meet with. This also touches on the relationship you will have with the attorney you hire. Personality, professionalism and character are intangibles that are nevertheless important. When you seek legal representation you should feel comfortable with the attorney you’ll be working with. You should know after that first consultation whether the lawyer makes you feel at ease, speaks with authority about the case and is ready to answer all the questions you have and address your concerns.
A great deal weighs on your choice of personal injury attorneys and it’s just as vital to make sure your questions are answered as it is that your attorney gets the information he or she needs. The relationship with your lawyer and the lawyer’s experience are factors that will have a positive impact not only on your personal injury case but also on you as you go through the process toward a successful resolution.
Kyle Scott Law is based in Tustin, CA. Kyle Scott has practiced law since 1991 and is experienced in personal injury law as well as the Orange County court system. Over his 28+ years in practice he has won millions of dollars in judgments for his clients. If you have suffered a personal injury please call the offices of Kyle Scott Law today to discuss your case and have you questions answered. 714-544-1460 or toll-free: 866-757-0959.