According to the CDC, nearly 1 in 10 Americans suffers enough of an injury to need to see a doctor each year. In most of these cases, these injuries are accidental and don’t warrant a criminal lawsuit, while a significant number of the others are due to the carelessness or negligent conduct of the injured person. For millions of Americans, though, these injuries are accidental but happen because of someone else’s neglect or carelessness. These situations vary wildly, whether it is due to someone improperly disposing of waste that gets into a neighbor’s water well or a business neglecting to provide appropriate safety measures for customers.
If you’ve suffered an injury due to someone else’s actions or lack thereof, then you may be entitled to compensation under the law. For this reason, tens of thousands of Americans every year seek legal resolutions for their injuries. While the damage cannot be undone, plaintiffs in personal injury lawsuits often earn compensation for medical expenses as well as damages. In fact, you may be aware of some high-profile personal injury lawsuits, such as the 1994 product liability case against McDonald’s, which went to court. The truth, however, is that most of these lawsuits are settled out of court. Therefore, to increase your odds of getting the best results, you need to find a competent, experienced personal injury attorney to represent you at the negotiation table and, if necessary, in the courtroom.
Starting the Process
When you search for a personal injury attorney, it’s essential to take your time and avoid making a decision too quickly. Some high-profile attorneys may have become nearly household names in your city, but that doesn’t mean they’re the best fit for your case. In fact, the only thing effective advertising proves is that the law firm has a good sense of effective marketing — but not necessarily how to best represent you in legal matters. Therefore, you should find a firm with a track record of experience and sage counsel.
There are several ways that you can conduct your search:
- Personal Recommendations – Some of your friends or family may have previously filed personal injury lawsuits. If you know anyone who has, ask them about their experiences and the attorney(s) they used. Alternatively, people you know who work in related fields (such as estate planning attorneys, accountants, financial advisors, and non-profits) may be able to offer helpful recommendations via their professional networks.
- Advocacy Groups – Many jurisdictions have free legal resources available to citizens, ranging from consumer advocacy groups (for business-related injuries) to government-funded legal aid groups. These groups often have lists of qualified attorneys who know how to represent the average citizen.
- Free Consultations – These days, many attorneys are willing to provide free consultations to gauge the potential merit of your case. During these consultations, you can get a sense of how qualified the attorney is and ask about their experience and credentials. A good attorney will set your mind at ease with real data rather than just comforting words.
No matter what route your search takes, try not to settle for the first attorney that you meet. While it’s possible to strike gold on your first appointment, you may greatly benefit by taking more time and meeting with a few more potential attorneys.
What You Should Expect
During your search for the right personal injury attorney for you, there are several steps you can take to improve your odds of winning compensation.
- Determine Your Injury – Not all injuries are alike, and even within the field of personal injury law, there are subcategories and specializations. Whether the injury occurred in a workplace, at a business, in a private domicile, or in a public setting, all can greatly impact the laws in question. Therefore, you should identify exactly how you were injured and in what way.
- Gather the Facts – Depending on your situation, you may have access to cell phone camera footage, business CCTV recordings, witnesses who were at the scene, and physical evidence (such as an object that struck you). Simply asking these people and businesses for their assistance can help you get the essential evidence that you’ll need. Take the time to write down your full recollection of what happened, including the time and place, as well as any other additional information you can get from the scene.
- Discuss the Details – Use your free consultations with personal injury attorneys to their greatest impact. Be straightforward about the case, so the attorney can determine if it falls within their specialty and what kind of settlement they believe may be possible. Question the attorney about any similar cases they have taken in the past.
Depending on the information unique to your case, you may find an attorney who has the relevant experience and qualifications to represent you well. Once you’ve narrowed down your list to a few attorneys, you should consider their relative costs. Some attorneys may work on a commission-only basis, but don’t be surprised if a legal retainer agreement involves a payment schedule, as some of the most qualified attorneys will charge significant sums of money but will fight hard for you to get a worthwhile settlement. If you do your due diligence from the beginning, you’ll receive the help you need to have the greatest chance of getting the compensation you deserve.
Authored by Christopher Gallagher
BIO: Christopher Gallagher is a freelance writer who has worked with American law firms for years in the fields of personal injury, estate planning, and workers’ compensation. He is a graduate of West Chester University of Pennsylvania and has written numerous articles helping Americans to understand their rights and privileges under the law.