When you have a personal injury case, you want to do everything right to receive adequate compensation. You want to avoid a scenario where the defendant exploits your loopholes to deflate your claim.
“Engaging a suitable personal injury attorney is a major decision you must get right. You must entrust your case to the hands of a responsive, results-driven, and passionate lawyer. Therefore, you should avoid sentiments when scouting for a legal representative for your case,” advised personal injury attorney Gordana Millacki of Elmm Law Group.
This article highlights five essential questions you must ask before entrusting your case to a personal injury attorney:
Question One: How Viable Is My Personal Injury Claim?
The viability of your case is the most important topic to address, and you should seek legal advice on this. Some elements must be in your case to stand a chance of recovering compensation. Therefore, you need a knowledgeable attorney who can analyze your claim and determine if you have a case. For your lawsuit to be viable, you must prove that someone carelessly or purposefully hurt you, and that you experienced some losses during the incident.
For your case to be viable, you must prove that someone negligently or intentionally injured you and that you suffered some losses in the incident. The circumstances surrounding the incident should also prove that you did not contribute to it. For instance, you did not allow the defendant to injure you or damage your property so you could receive compensation.
Most importantly, you must have evidence to support every claim. The courts and insurers do not deal with assumptions. So, your attorney will ask you for the evidence you have to prove the claim.
If your case is not viable, it will amount to a waste of effort, time, and resources to institute a claim. A reputable attorney will tell you of their unwillingness to pursue the case.
Question Two: What Is the Attorney’s Experience with Similar Cases?
If your case is viable, you should inquire about the lawyer’s experience with similar cases. Your chances of winning will increase if the attorney has handled several similar cases. They can use their experience in such cases to build a solid argument for you. Therefore, your preferred attorney’s experience level must be satisfactory before engaging them.
Also, ensure that the legal professional you spoke with is the one who will handle your case. Sometimes, the principal partner may speak with you and pass on your case to their subordinate. So, ask if the person you interacted with will be the one to handle your case.
Question Three: What Happens If My Injuries Do Not Appear Immediately?
The best approach is to visit a healthcare facility as soon as possible after an accident. Assuming all is well and failing to seek medical care can jeopardize your case. Most states have a two-week accident law that mandates victims to seek medical attention within 14 days of being involved in an accident.
If you fail to act within this timeline, it may be difficult to get compensation for your injuries. The other party will argue that if the injury were related to the incident, you would have sought medical attention earlier. They may even blame the harm on some other events.
However, seek your attorney’s opinion concerning this to know the best way to handle the issue. They may use some strategies to help you build an effective claim. They will enlighten you on the options you can use to engage the other party.
Question Four: What Is the Settlement I Should Expect if the Case Succeeds?
No attorney can boldly tell you the amount of compensation you may receive for your claim. However, based on their experience with similar cases, they can reliably guess a range.
Many factors determine the compensation people receive for their injuries and losses. For instance, the court or insurance company will consider the severity of your harm, the number of hours missed at work, your pain and suffering, and the injury’s impact on your quality of life.
Some states also practice the principle of comparative negligence. In such a jurisdiction, the degree of your involvement in the accident will determine your compensation amount. For example, if you are 30% culpable for the occurrence, your payment will be decreased by that percentage.
Question Five: What Happens if the Case Fails?
Even if your case is viable, there is no guarantee that you will get the desired outcome. You must embrace this reality from the outset to prevent shock or disappointment. Then, you should ask your attorney what happens if the case turns out unfavorably.
Most personal injury attorneys charge their clients on a contingency basis. This means that if they win the lawsuit, you will pay them a certain proportion of the payout. If the lawsuit does not go their way, they will forfeit their legal charges. However, you should not assume this is the case with every law firm—ask your attorney from the beginning!
If you lose the case, some attorneys may ask you to pay their out-of-pocket expenses. You will reimburse them for all they spend on your case. This situation is dicey and needs clarification.
Preferably, you can have a formal, signed agreement with the attorney concerning this before commencing your case. You should not bear the weight of any financial burden if your case fails.
Final Thoughts
Legal representation is essential to a successful personal injury claim. When you have a personal injury case, learn how to take advantage of the free initial consultation to ask relevant questions. This will help you lay a solid foundation for your case.
A personal injury attorney can only help you if they are knowledgeable about your situation. They must be an ideal match for your case. In other words, they must have experience with similar matters and be willing to defend your best interests under all circumstances.
When you ask the five questions highlighted in this piece, you will know the direction your case will take and the likely outcomes. It helps you to be physically and mentally prepared for the legal battle. You also make an informed decision on who represents you.