When you’ve been hurt in an accident, choosing whether to hire a lawyer may be one of the most important decisions you’ll make. A good attorney can be the difference between a fair settlement and empty-handed. But here’s the problem… Not all lawyers are created equal.
Some will fight tooth and nail for every dollar they deserve. Others will push for a quick settlement to move on to the next case. Choosing the right lawyer for an injury case isn’t just about picking a name out of the phone book or clicking the first Google listing.
It’s about finding someone who will actually fight for the compensation you deserve.
That’s where this article comes in.
Why the Right Lawyer Matters
Here’s something you may not know…
People with lawyers receive settlements nearly three times higher on average than those who go it alone. That’s not a little difference either. That’s a life-changing amount of money.
If you’re facing a personal injury case in Southern California, partnering with an experienced Escondido personal injury lawyer who knows local courts and insurance companies can make all the difference. These attorneys know how to navigate the system and push back against insurance companies trying to pay out as little as possible.
The fact is… Insurance companies have teams of lawyers and other professionals working to minimize payouts. They deploy all kinds of tactics, sneaky fine print, and intimidation to get victims to accept low-ball offers.
Without experienced legal representation injury victims are fighting a massive uphill battle.
The statistics prove it. About 91% of people with experienced attorneys receive payouts on their claims versus just 51% of those who file their own injury claims.
That’s almost double the likelihood of receiving compensation.
And beyond just getting paid, a good lawyer makes the entire process easier to navigate. Gathering evidence. Negotiating with insurance companies. Preparing to go to trial if needed. They take on the heavy lifting so that injury victims can focus on recovery.
Key Qualities to Look for
What makes a great injury lawyer, as opposed to an average one?
Experience in Personal Injury Law
This may seem like an obvious point, but let’s start here. Not all lawyers work on injury cases. Some focus on criminal defense. Others handle real estate closings or family law matters.
Personal injury law is a specialized field. The best injury attorneys have years of experience handling cases just like the one you’re facing. They understand medical records and terminology. They know how to calculate damages. And they have relationships with expert witnesses to help build your case.
Look for someone with specific experience on cases like yours. If you were injured in a car accident, look for a lawyer who regularly handles motor vehicle accident cases. If your case involves a slip and fall, find someone with premises liability experience.
Strong Negotiation Skills
Something else people don’t realize…
Approximately 95% of personal injury cases are settled before they go to court. The vast majority of the time a lawyer’s negotiation skills matter more than their trial experience or courtroom presence.
The best injury lawyers are skilled at:
- Accurately valuing claims
- Presenting evidence
- Pushing back against low offers
- Creating leverage in negotiations
Insurance companies take lawyers with strong track records more seriously. When they know they’re up against an attorney who won’t back down, they’re more likely to make fair offers.
Willingness to Go to Trial
Here’s the catch, though…
Even though most cases settle, lawyers still need to be willing to go to trial.
Why? Because insurance companies can sense weakness in a lawyer who always wants to settle. If they know an attorney will never take a case to trial, there’s no reason to make good settlement offers.
Top lawyers prepare every case they file as if it will end up at trial. They gather evidence, line up expert witnesses, and build strong arguments that will hold up in court. This preparation in and of itself can create leverage in settlement negotiations.
Good Communication
Ever tried calling a lawyer and not been able to get through? Sent an email and never received a reply for days?
Communication matters. A lot. Injury victims need to know what’s going on with their cases. They need answers to their questions. They need regular updates on the progress of the work being done on their case.
The right lawyer will return phone calls promptly. Explain things in language you can understand. And keep you updated throughout the entire process.
Questions to Ask Before Hiring
Don’t just hire the first lawyer you contact. Instead, be sure to ask these important questions:
“How many cases like mine have you handled?” Generic experience matters, but specific experience is better. A lawyer who has handled hundreds of car accident injury cases will know the ins and outs better than someone who only takes a few motor vehicle cases each year.
“What’s your success rate?” Past performance isn’t a guarantee of future results but is a strong indicator. Ask about average settlement amounts and trial verdicts.
“How do you charge?” Most injury attorneys work on contingency, meaning they only get paid if they win. Fees range from 33% to 40% of the settlement. Understand the fee structure before signing a contract.
“Who will actually work on my case?” Some law firms pass cases to junior associates or paralegals. Nothing wrong with that, but it’s important to know who will be doing the work on the case.
“How long will my case take?” Every case is different, but an experienced lawyer can give a good estimate. Most injury cases settle within 6 to 12 months, but complex cases with liability disputes can take longer.
Red Flags to Watch out for
Be wary of any lawyer who:
Guarantees Specific Settlement Amounts
No reputable lawyer can guarantee a specific dollar amount for a settlement. Anyone who makes statements like “We’ll get you at least $100,000” is dishonest.
Case value is dependent on a number of factors including the extent of injuries, medical bills, lost wages, and the insurance policy limits at issue. Experienced lawyers can estimate value, but can’t know until the end of the case.
Pushes for Quick Settlement
Insurance companies try to get injury victims to settle quickly so they pay as little as possible. Some lawyers do this too.
They push their clients into a quick settlement so that they can collect their fee and move on to the next case. The right lawyer will take the time necessary to fully understand injuries and maximize compensation.
Has Poor Reviews or Complaints
Check online reviews. Check state bar records. While no attorney will have 100% positive reviews, patterns of complaints around communication, billing, or results should be red flags.
Lacks Resources
Big injury cases require resources. Medical experts, accident reconstruction specialists, and private investigators. All these folks cost money. Firms that can’t afford to properly investigate and build a case can’t achieve the best possible results.
Final Thoughts on Choosing an Injury Lawyer
Choosing the right lawyer for an injury case isn’t a decision to be taken lightly. The right attorney can be the difference between a fair settlement and an empty-handed client. The right attorney can fight back against aggressive insurance companies and even the playing field.
Research your options. Ask questions. Trust your gut. The right lawyers will be transparent about their experience, honest about the value of the case, and committed to fighting for the compensation you deserve.
Insurance companies have lawyers and experts on their side. Shouldn’t injury victims have an equal fighting force on their side?
The answer should be obvious. Don’t try to fight the system alone. Find a lawyer who will stand up and fight for what’s right.
