Being involved in a car accident can be a traumatic and life-changing experience, especially when you’ve sustained injuries or totaled your vehicle.
In addition to hospital & medical bills, lost wages from missing work, and emotional stress, you may be facing a complex and lengthy legal process to recover compensation for your injuries. On average, most auto accident claims are settled through the insurance company within a few months; however, if the insurance company’s offer is insufficient or they deny the claim entirely, your only recourse may be to file a lawsuit, which can extend the timeline well beyond a year for any recovery.
Hiring the right attorney is crucial to navigating this process and maximizing your chances of receiving a fair settlement for your injuries, damages to your vehicle and other property, and lost wages. Here are the top five things to consider when choosing a personal injury lawyer after a car accident.
1. Experience with Car Accident Cases
Step one is to find a law firm with substantial experience representing clients involved in motor vehicle accidents. The law firm, and the team of attorneys assigned to your case, should have experience representing car accident victims during every stage of the process.
You’ll want to find a firm where most of their practice comprises auto accident cases. Personal injury law covers many types, including medical malpractice, product liability, workplace injuries, slip and fall, and many more. However, car accident cases have their own unique challenges, and only an attorney well-versed in the process will be able to meet your needs.
A lawyer with extensive car accident experience will be better equipped to build a strong case and secure the best settlement or verdict for you.
2. Reputation and Client Reviews
Reputation matters when choosing a law firm and attorney. A firm with a strong track record of delivering results for their clients is more likely to provide similar results for you with your case.
To assess the law firm’s reputation, you can do several things:
- Read Client Reviews: Check the law firm’s website and read their client reviews. Most firms will ask for feedback from their clients after the conclusion of their case and, with the client’s permission, post the feedback on their website. Also, look for reviews on websites like TrustPilot, Google, and Avvo to see what past clients say about their experience. You should pay close attention to comments about communication and the outcome of their cases.
- Ask for Referrals: If you know someone who has been through an automobile accident or an attorney who practices in a different field, it is worth speaking to those individuals and asking them if they would recommend a law firm or a particular attorney to help you with your case. Word-of-mouth recommendations can often lead you to a trusted and reliable attorney.
- Review Local Publications. Sometimes an attorney or a law firm will be involved in a high-profile local case that gets the attention of local news organizations. The newspaper will follow the case and ask for comment from the attorneys. These news articles can provide insight regarding the caliber of cases the law firm handles.
A lawyer with a strong reputation will have a proven history of handling car accident cases successfully, giving you confidence in their ability to represent your interests.
3. Communication and Accessibility
Regular communication is essential for any successful attorney-client relationship. After you make first contact, you’ll want to work with a lawyer and a team that is accessible and responsive to your questions and concerns.
Consider the following issues:
- Responsiveness: How quickly do your attorney and the rest of the team respond to any of your phone calls, emails, or text messages? Personal injury lawyers can get very busy handling dozens of case files at any time, so don’t expect them to always be available or get a response within 10 minutes. However, most will try to get back to you within 1 to 2 days and answer your questions or provide an update.
- Regular Updates: Ask your attorney how often you can expect to hear from them while the claim is ongoing. The process can be pretty slow and tedious, so there can be extended periods between new developments in your claim. Either way, many attorneys will mark their calendars and make it a point to touch base with you, even if nothing has changed. You would provide updates on your health, your appointments with your doctor and chiropractor, how your job is going if you are back at work, etc.
- Clarity: Does your attorney take sufficien time to explain the legal process, your rights before the insurance company, and what you can expect throughout your case? Many times, people feel like they are rushed or pressured to get the engagement letter signed so the law firm can get the claim underway. Take your time, ask questions, and have your attorney explain things clearly without all of the legalese.
- Personal attention: Make sure you feel like a priority, not just another file number in the firm’s database. From the beginning, ask who will handle your case directly and who the other team members will be. Many law firms will separate their attorneys into two departments, which are the “pre-lit” and “lit” departments. The abbreviation “lit” is for litigation (i.e., going to trial). The attorneys in the “pre-lit” department take your file from inception and handle the case through settlement with the insurance company. If the claim hits a wall and the insurance company won’t agree to a reasonable settlement amount, the attorney may recommend filing a lawsuit and taking the case to trail. At that point, an attorney from the “lit” department may take the case because they have more experience as a trial attorney.
If the attorney and their team communicate effectively and make themselves available to answer your questions, it will help reduce the stress of the legal process.
4. Fee Structure and Costs
Most personal injury lawyers work on a contingency fee basis, meaning they only get paid if you secure a settlement from the insurance company, or take the case to trial and win. The contingency fee is set as a percentage of the final award, usually between 20% and 40%. Read our blog post “Personal Injury Contingency Fees – Gross vs. Net Methods” for a more detailed discussion on the fee calculations.
In addition to the final contingency fee awarded to the law firm, there may be additional costs or expenses related to your case. You may be personally responsible for paying these costs as your case progresses, or your attorney may advance these costs.
Additional costs may include court filing fees, expert witnesses, travel expenses, consultants, or investigative expenses. When you meet with your attorney, discuss these potential costs and who is responsible for paying them. The law firm’s engagement letter should clearly outline these expenses and each party’s responsibilities.
Understanding the contingency fee structure from the beginning will avoid any unforeseen or unwelcome surprises at the end of the engagement. It is important that you are comfortable with the financial arrangement between you and your attorney.
5. Track Record of Success
Finally, when choosing a personal injury lawyer, you want to pick someone with a track record of success in securing monetary awards for their clients.
You should ask your attorney about their success record with auto accident cases. Ask them what percentage of their cases they settle out of court with the insurance company, what is the average award, and how quickly the files are closed.
In addition, ask your attorney about their experience taking cases to trial. You often want to avoid litigation as much as possible because it is costly, time-consuming, and stressful. However, there are situations where it is in your best interests to battle the insurance company in court. If your attorney and their law firm have a history of taking cases to trial and winning, it generally means the insurance company is more willing to negotiate a higher award for you.
A law firm with a history of success will better your chances of obtaining compensation to cover your medical expenses, lost wages, and other damages suffered from the accident.
Final Thoughts
Choosing the right personal injury lawyer after your automobile accident is an important decision that can greatly impact the outcome of your case. By focusing on the top 5 factors above, you can be confident that your attorney will effectively represent your interests. Do your research, ask questions, and speak with a few lawyers before making your final decision.