I have a serious injury from the car accident, do you think I should hire an attorney?

You probably should. I think most car accident claims don’t actually need an attorney, but serious accidents are another story. If you have high medical bills, and your missing a lot of work, chances are your claim will be high. An insurance company is more likely to fight a large claim. Their adjusters and attorneys will be  working to “poke holes” in your case.

What will the insurance company look for?

You will likely see efforts to paint your injury as something that was “preexisting.” Basically, they will argue that any injury you sustained was already there, so they’re not responsible for it. I’ve seen their insurance doctors argue that the condition was “congenital.” Mind you, they will argue that it was “just a coincidence” that it happened after the accident.

They will also look for any contradictions you have throughout your treatment. Are you going to all of your physical therapy sessions?

Another argument I see all the time is that the car accident was “relatively minor.”

Wow! The law firm I see on TV all the time has a really good spokesperson. Should I hire them?

The decision to hire an attorney is an important one. You should also consider who you decide to hire.

Factors to look for:

1)      Does that attorney actually try cases?

a.       A lot of firms don’t like to try cases. It’s hard work, and with a contingency fee the attorney don’t always get paid. I think it’s a disservice to clients not to be willing to “go the distance.”

2)      Who at the law firm will be handling your case?

a.       A lot of large firms have paralegals handling the bulk of a claim. I personally would find it frustrating if I could never talk with my attorney

3)      Do you get along with that attorney?

a.       Lawsuits are especially stressful for clients. If you don’t like or don’t feel comfortable with the attorney, that just adds to the stress.

b.      You don’t need to hire the first attorney that you see. You generally wouldn’t buy the first car you see at the car dealership. Feel free to talk with several attorneys before you hire one. Just because you meet with them, doesn’t mean you should feel obligated to hire them.

4)      What kind of cases, besides car accidents, does the attorney handle?

a.       There are good attorneys that handle a wide variety of cases, but it’s generally a good idea to have someone that concentrates their practice personal injury law. Likewise, if you need a bankruptcy attorney, or an estate planning attorney, it would be a better idea to go to someone that focuses their practice on that field. I wouldn’t want to go to a doctor that’s a “jack of all trades, but master of none” for an important surgery.