Unfortunately, people are hurt every day in automobile accidents. If you are hurt because of someone else’s negligence, you should speak with an attorney about your rights. But how do you know if you are choosing the right or best attorney for you and your case? Choosing an attorney to represent you in a personal injury case should be a positive experience and you should feel comfortable with the attorney and law firm that you choose. Every attorney handling personal injury cases should offer a free consultation to help determine if you have a case. When scheduling such an appointment you have the right to know whether you will be meeting with the attorney or someone else from the office.
At Lesser, Lesser Landy and Smith you will always speak with an attorney. Before hiring an attorney or law firm you have the right to know about your attorney’s experience in handling cases similar to yours. Questions to ask and have answered should include “How many cases like mine have you handled?” “How many like mine have you actually taken all the way to trial?” In all of our daily travels we see TV commercials, billboards, buses, taxis and benches that advertise for attorney services. You should not just hire an attorney because you have seen such advertisement, without first checking if the attorney or the law firm is best suited to representing you.
As an injured client, you have rights before and after you hire an attorney. These rights include knowing about the attorney’s experience and knowledge in handling cases similar to yours. You have the right to know who will be working with the attorney on your case. Will the attorney you hire send your case over to another attorney to handle? If so, you have the right to know about this possibility up front, and you should feel comfortable about this and to whom the case may be referred, before you sign the contract. You, as an injured client, have the right to know and approve of who will be working on your case. Some attorneys take and handle many cases, but few attorneys are prepared to actually file the lawsuit and take the case to trial. You have the right to know if your personal injury attorney or personal injury law firm will file the lawsuit and take the case to trial if the insurance company does not offer the money compensation you deserve.
Once you have hired a personal injury attorney and signed the contingency fee agreement, you have the right to know what is going on with your case at reasonable intervals. If you already have an attorney, stop and think, does my attorney keep me informed as to what’s going on with my case? Have I received copies of letters he or she has mailed out on my behalf? If not, you should contact your attorney and question the handling of your case and expect answers that are satisfactory to you.
If you’ve hired or are about to hire an attorney to represent you for personal injuries, you will sign a contingency fee contract. A contingency fee contract is one in which the attorney takes a percentage of the total recovery at the end of the case. This means that there is no need for an injured client to pay any money for legal services until the case is resolved. If there is no recovery, the attorney will take no fee. The percentage is usually a standard 33 1/3 % from the time the attorney is hired, up until the time the attorney files a Complaint and the defendant files an Answer. Then the fee goes up to 40%, where it remains. There are exceptions to these percentages, some are by law, or by agreement, and you should understand the fee arrangement and feel comfortable speaking with your attorney about the fees to be charged.
You have the right to know about how the attorney or law firm will handle the costs associated with your case. The costs associated with your case are generally those needed to get the case moving and into a position of settlement or trial. You may find that there are attorneys who will not file a lawsuit without asking for money from you up front. At Lesser, Lesser, Landy and Smith, we never ask you for any retainer or payment of money while the case is still pending. If we handle your personal injury case, we are prepared to front all the costs until the conclusion of the case. Before signing a contingency fee contract you should know how the costs are to be handled and paid.
Being injured is not fun. But you should feel confident in your attorney’s skill, and knowledge in handling your legal case, so you can concentrate on receiving the medical care you need. If you are already represented, but are not satisfied with the representation you have, or if you are in the process of hiring an attorney, the attorneys at Lesser, Lesser Landy and Smith are available to speak with you and discuss your rights as an injured client.
