Hiring A Car Accident Lawyer

Hiring a car accident lawyer involves finding suitable candidates, choosing the right one and entering into a fair agreement for representation.

Then, the work on the case begins. Do you know what your lawyer should be doing on your behalf? I didn't think so. That's why I'm here. In my opinion, these are the services that your lawyer owes you.

Finding Car Accident Lawyers

Here's the order that I recommend you follow to find car accident lawyers that would be suitable for your case.

1. Lawyers who have represented you well in the past.

If you have hired a lawyer before and he did a good job for you, consider him in your accident case . . . if he is experienced with car accident cases. If your former lawyer does not handle car accident cases, ask her which lawyer she would recommend. This is a way of getting an "insider referral" since lawyers usually know local lawyers who are outstanding in each major area of the law.

2. Friends, relatives and colleagues who have hired a car accident lawyer.

If someone you know has hired a car accident lawyer, ask whether your friend was satisfied with the representation. If so, consider that lawyer.

3. Online lawyer finders.

There are websites which match your case up with lawyers in your area. My favorite is called LegalMatch. There, you fill out a simple form telling a little about your case. Then, LegalMatch sends your case to pre-screened lawyers in your area. The lawyers who are interested in your case post information about themselves for you to consider. If you like what you see, you can pick one to contact.

If you'd like to check out LegalMatch, click on this link. It's free!

When you follow this link to LegalMatch, just check that you have an injury case, then check automobile accident case, then fill in the form. That's it!

4. Ads in the yellow pages, on television and on radio.

Good lawyer ads give you information about the lawyer's qualifications, her past experience and successes. Bad lawyer ads simply tell you what types of cases the lawyer handles, without any valuable information about the lawyer. The first type of ad -- the informational one -- can be a valuable source for locating an experienced and capable car accident lawyer.

Be leery of ads that over-promise. The best predictor of whether a lawyer can help you is what he has done in the past, his experience and successes in cases like yours.

5. Lawyer Referral Services.

Many bar associations and other groups run Lawyer Referral Services which refer members of the public to lawyers who handle the type of case that the client has. Look in the telephone book under "lawyer referral services" to find out if there is such an organization in your area.

Comparison Shopping

Once you have a list of at least 3 candidates for your case, do your homework.

First, check out the lawyer's rating at the respected Martindale-Hubbell Law Directory , which maintains a peer rating service. You are looking for a lawyer with an "av" rating. The "a" is the highest rating for legal skill and the "v" means the lawyer has high ethics. Type in the name of the lawyer you are checking and look for the peer review rating. Martindale also has paid lawyer ads which are less valuable to you.

Next, check out the lawyer's website. Look for past experience and credentials.

Of course, ask around to try to learn the lawyer's reputation.

Now you're ready to call the lawyers that you are considering. Most lawyers -- the smart ones -- will talk to you on the telephone about your case and give you some initial information about themselves and about your car accident case.

If you like what you hear during the phone conversation, make an appointment to go in to meet with the lawyer. Make sure that this initial consultation is free.

What do you do at the meeting? Ask these 15 questions . . .

1. How much experience do you have with car accident cases?

2. What percentage of your work is car accident cases?

3. How recently did you handle a car accident case?

4. What experience do you have with neck injury (or whatever type of injury you have) cases?

5. What experience do you have with accidents that happened like mine?

6. What results have you gotten in cases like mine?

7. What do you see as the strengths and weaknesses of my case?

8. Will you personally handle my case?

9. How can I reach you?

10. What are the steps in the process of handling my case?

11. How long do you expect my case to take?

12. Can you tell at this point the probable settlement range? If not, tell me how that will be determined.

13. What will you expect from me as the case progresses?

14. Explain the retainer agreement that you want me to sign. (If not covered by that answer, ask these specific questions)

a. Will I have to pay the out-of-pocket costs of my case?

b. Is your legal fee based on the gross recovery or the net recovery?

c. If your fee is based on my injury recovery, will you also help me with my claim for damage to my car? Will there be an extra charge for this service?

d. Will you also help me submit a PIP or medical payments claim to my own insurance company? Will there be an extra charge for this service?

e. If necessary, will you try to negotiate a reduction in any subrogation claims that are made? Will there be an extra charge for this service?

15. Can I fire you if I am not satisfied with your work? If I do, what are my obligations to you?

Choosing "The Right Lawyer"

Now that you've met with the candidates and done your homework, how do you decide which lawyer to hire?

My advice? You want . . .

❏ Experience, experience, experience.

❏ Prior successes in your type of case.

❏ Someone that you feel comfortable with. Can she explain things clearly? Did he answer all of your questions?

❏ Someone who cares. When you met, did you feel like just another prospect or was the lawyer genuinely interested in you and your case? Contrary to one of the popular lawyer joke themes, not all lawyers are simply mercenaries out to make a fee.

The Fee Agreement

Traditionally, lawyers propose to handle car accident cases on a contingent fee basis where you pay a certain percentage of your recovery but don't pay any legal fee if you don't recover.

While contingent fee agreements are similar, there are important differences between them that you should know.

Final Tips on Hiring a Car Accident Lawyer

Here are several more tips on hiring a car accident lawyer.

1. If you are definitely going to hire a lawyer to represent you, hire him early in the process, within a week or two of your injury. This gives your lawyer time to investigate while the facts are fresh and to help you make important initial decisions that will affect your case such as which health care providers to consult.

2. Although car accident cases are routinely handled on a contingent fee basis, consider hiring a car accident lawyer for an hourly fee if you have a very valuable case with significant damages and no liability issue. This is especially true if there is a high probability that the case will settle. You will probably end up ahead. To protect yourself against unforseen occurrences, put a cap on the amount of the hourly charges, probably at the level of a typical contingent fee. In other words, propose an agreement that you will pay your lawyer based on his usual hourly rate but in no event will you pay more than 1/3 (for example) of the total recovery.

3. The better your case, the more likely that lawyers will bend to your wishes and requests. If you have a case that will probably resolve for, say, $300,000, you will probably receive a different reaction than if you have a case that will probably resolve for $5,000. I guess that's just common sense.

You've Hired a Car Accident Lawyer, Now What?

Once you've chosen a lawyer, the work on your case begins.

Always remember that you are the boss. You hired the lawyer, and your lawyer works for you. You are paying for the services. Your lawyer advises and helps you, but you make the important decisions, such as whether to settle or go to trial. Of course, you will consider your lawyer?s advice, but you will have to live with the decisions that are made, so you should make them.

Your lawyer will need your cooperation and assistance, mostly by providing information. In return, there are a number of services you can expect from your car accident lawyer.

If your lawyer is not doing all that you expect, speak up. Talk to your lawyer about whatever problem you see. Maybe there is a good reason why something is being done, or not being done. Discuss the sitation with your lawyer. If you remain convinced that your lawyer is not doing all that is necessary, get rid of that lawyer and find another one. (Be aware, though, that depending on the law of your state, you may owe a fee to the lawyer that you discharge.)

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