In any kind of personal injury case, having the right lawyer on your side can make a big difference in terms of money and time, which makes choosing the right personal injury lawyer an important step. But where do you start your search, and how do you know what to look for when it comes to the attorney-client relationship in a personal injury case?
Starting Your Search For a Personal Injury Lawyer
Most lawyers who specialize in personal injury cases tend to represent a particular side of these kinds of cases—either the plaintiff (the person who was injured) or the defendant (the person, business, or other entity who is alleged to have caused the plaintiff's injury)—not both. If you've been injured, you want to hire what's called a "plaintiff's lawyer."
Personal recommendations and word of mouth are probably the best place to start when you're looking for a lawyer. If someone you know had a good outcome with their personal injury claim, ask to be put in touch with that person's lawyer.
Online resources are also a great jumping-off point for putting together an initial list of candidates to get in touch with. You can start your search right here at lawyers.com.
How to Decide On the Right Personal Injury Lawyer
No matter what resource you use to find an initial list of personal injury lawyers, you'll want to whittle it down to three or four prospective candidates by keeping the following tips in mind:
- Look at biographical information, including whatever you can find online. Does this lawyer appear to have expertise in connection with your particular kind of personal injury claim? Do they have any information on their website that is helpful to you?
- The profile for the lawyer and their firm should give you an idea of the kinds of cases they handle (and which side they typically represent). If you can't tell, call the lawyer's office and find out.
- Check to see if the attorney belongs to any local, state, or national trial lawyers' associations or other professional groups.
- If you already have a working relationship with an attorney who practices in another area, ask them if they can recommend a personal injury attorney.
- Contact your state bar association or visit their website to find out if the lawyer you're researching is in good standing.
- Google the lawyer. Have they handled high profile cases that have made the news? Do they have online reviews?
Consider any special needs you have and some key practicalities. For example, could you benefit from an attorney who speaks a language other than English? Is the lawyer's office close to public transportation? Unless there are special circumstances, you'll want to hire a lawyer with a local office, or in the location where your accident occurred.
Personal Injury Lawyers: From Solo Practitioners to Big Firms
Solo practitioners typically handle every aspect of your personal injury case—from the initial consultation through trial—and are intimately familiar with the details of their clients' situations. They depose all of the witnesses, review all of the documents as the case develops, and argue all of the motions in court. With a solo practice, the attorney you hire is the attorney who is responsible for the day-to-day case work, and who will be available to communicate with you about your case.
If this sort of personal, one-on-one attention is important to you, it might make sense to consider a solo practitioner for your personal injury case (though that's not to suggest that a personal touch isn't possible with a bigger firm).
In larger law firms, associates, paralegals, and legal secretaries will be assigned to work on your case. However, the more staff members at a firm, the more cases these members will handle and the less personal attention your case may receive.
Attorneys at larger law firms will also benefit from the sharing of institutional knowledge. If the attorney has not handled a legal issue presented in your case before, another attorney at the firm most likely will know the issue and be in a position to provide guidance.
Ultimately, your decision to hire an attorney should be based not on the size of the firm but on your confidence in the attorney's ability to handle your case and get a good result. Great attorneys are found in small and large firms alike.
Getting an Initial Consultation With a Personal Injury Lawyer
Once you've narrowed your list of candidates down, ask about a consultation (if the lawyer doesn't suggest it). You shouldn't necessarily cross a lawyer off your list just because they don't have the time to meet with you on short notice. Good personal injury lawyers are busy, so they might not be able to spend as much time as they would like with prospective clients. You should also anticipate that whomever you hire may have to delegate a lot of responsibility to their staff, especially at larger firms.
Learn more about what to ask a personal injury lawyer at the initial consultation.
Money Matters In Personal Injury Cases
In most personal injury claim scenarios, you'll be able to hire a lawyer on a "contingency fee" basis. This means that the lawyer will be paid a percentage of any settlement or court award you receive—usually around one-third—and if you don't receive anything from the other side, your lawyer does not get paid a fee. It's important to read the find of any contract before you sign it, and understand that you still might be on the hook for "costs" associated with your case (which are different from legal fees).
Learn more about how personal injury lawyers charge clients and "costs" versus "fees" in a personal injury case.