If you were injured in an accident, you are likely evaluating your legal options and wondering if you will be compensated for your injuries. The first step is to determine whether you have a valid personal injury claim. There are essentially three components to a valid personal injury claim:
Assuming these three components are met, the next step is to decide whether you need a lawyer to handle your claim. When deciding whether you need a lawyer, ask yourself the following questions:
Unless you are an experienced trial lawyer, the answer to these questions is likely ”no.” If you cannot answer ”yes” to all these questions, then it is unlikely you will receive full and fair compensation from the insurance company and their lawyers.
The insurance company’s interests are in direct conflict with yours. Your goal is to get as large of an award as possible to compensate you for your suffering. The insurance company’s goal is to pay you as little as possible so they can make more profit; therefore, there’s a strong argument for hiring a qualified personal injury lawyer.
Hire a lawyer who can answer ”yes” to all the above questions and choose your lawyer carefully. Not all attorneys may be right for your case because not all lawyers are personal injury lawyers. Navigating a personal injury lawsuit can be treacherous, even for experienced attorneys. You need a lawyer who has the specific knowledge and experience of handling personal injury cases. Insurance companies recognize experienced personal injury lawyers and pay their clients more than they do to people with inexperienced attorneys or no attorney at all. You will need a proven personal injury lawyer to receive anything close to the full value of your claim. You want a lawyer who:
If you hire a lawyer who settles all their cases before trial, or refers their cases to other lawyers to try, then you will take a discount on whatever settlement you receive. The insurance companies know which lawyers take cases to trial and which lawyers usually prevail in court and achieve the best outcomes for their clients because of their skill, experience, and education.
If you are fortunate enough to hire a top personal injury attorney, we recommend that you move quickly and get the process rolling early in the legal process. Hiring late in the process, in contrast, may jeopardize your legal rights and diminish your chances of winning the case. Interview at least two lawyers that you by scheduling a consultation. Procrastination may create the impression that your injuries are less serious and not as consequential as you claim.
The insurance companies and their lawyers are professionals with years of experience studying the law and developing techniques to pay you as little as possible. Getting a good lawyer from the beginning levels the playing field and maximizes your recovery. Insurance companies will take your claim more seriously once they realize you are represented by an attorney, especially if your attorney is a reputable personal injury lawyer. The Insurance Research Council reported that the average person receives a 3.5 times larger settlement with the help of a lawyer than without.
One of your lawyer’s most important tasks is to properly value your case. Some of the factors your attorney will consider when valuing your case are:
Oftentimes your lawyer will hire expert witnesses, such as medical experts and economists, to help calculate and prove the value of your case. Attempting to value your case by yourself, without the help of a lawyer and expert witnesses, is likely to lead to major miscalculations and jeopardize your case. Remember that insurance companies and their lawyers will do everything in their power to take advantage of you – especially if you do not have a lawyer.
Most personal injury lawyers operate on a contingency fee. This means you don’t pay unless the lawyer wins your case. Your lawyer will receive a percentage of the verdict or settlement you receive. Normally, a settlement check will be sent to the lawyer. The lawyer will contact you and explain how much they are deducting. The lawyer will calculate their percentage of the settlement and deduct the legal expenses they incurred on your behalf (filing fees, expert witness fees, court reporters, trial preparation, etc.). Your agreement with your lawyer should be in writing and should specify whether the lawyer’s share is calculated before or after costs and expenses are deducted.
Most contingency fee arrangements award the lawyer 35% of any settlement or award. The percentage may be greater or lesser depending on the stage at which your case is resolved. For example, the lawyer may receive a higher percentage (i.e., 40%) if the case goes to trial. Litigation costs can be significant and paying those costs up front is another service a lawyer may provide. A good lawyer will be well worth their fee, and you will still receive much more than you would have received without a lawyer. Beware of lawyers who guarantee an outcome or offer you a deal that is too good to be true – it’s usually not.
The contingency fee may seem high until you consider that the lawyer is taking a risk on your case. Your case might make a lot of money, or it might make nothing. The lawyer will be paid nothing if you lose, regardless of how much time and money they invested in the case. Some cases settle, some go to trial, and some are appealed multiple times. Litigation is risky.
If your lawyer has specialized knowledge and experience, then you are receiving much more for your money than if you hired an inexperienced lawyer. Without a lawyer, the odds are against receiving the full value of your claim.
Litigation costs include filing fees, deposition costs, investigators, expert witnesses, trial preparation, and other costs. Most lawyers will cover the costs and expenses of your case, then deduct them from your share of the settlement at the end of the case. It’s rare for a personal injury lawyer to charge their client for costs and expenses as they come due.
Litigation costs can be tens of thousands of dollars or more depending on the circumstances of the case. Ask your lawyer for an estimate of what the costs will be, and make sure your agreement with your lawyer is clear about who will pay the costs if you lose your case.
Litigation requires a grueling and strenuous amount of legwork. Your attorney’s job is to handle the legwork for you and explain the process as it unfolds. A personal injury claim can be one of the most stressful experiences you ever have. Your attorney can make it less stressful by managing the process for you. In addition to counseling you (the client), your attorney’s responsibilities include:
If this sounds like a lot of work, that’s because it is. All these duties require the knowledge and skill of an experienced lawyer to be done properly. Attempting to perform these duties yourself will be unduly stressful and counterproductive to your case. Hire a lawyer to perform these duties for you if you want to receive the highest possible award for your personal injury claim.
When deciding whether to take your case, a lawyer will consider a few factors including:
Keep in mind that the best lawyers are typically the most selective about which cases they take and will often turn down valid cases to better serve other clients. Just because one lawyer turns down your case doesn’t mean that it isn’t valid. Sometimes a lawyer will turn down a case simply because they already have a full caseload. If a reputable lawyer turns down your case, it doesn’t hurt to ask them if they can refer you to another reputable lawyer who may be interested. Good personal injury lawyers are typically tightly networked with other personal injury lawyers, and they may be able to provide you a referral. If you cannot get a referral directly from a lawyer, you may consider contacting your county bar association as they typically have referral networks as well.
Sources
James S. Iagmin Practice Areas – Personal Injury Overview
Consumer Attorneys of San Diego
Consumer Attorneys of San Diego – Awards & Honors
The State Bar of California – What to Expect Regarding Fees and Billing
San Diego County Bar Association – Lawyer Referral & Information Service
James Iagmin has more than 20 years of experience handling personal injury claims. Jim has a proven track record of achieving successful results for his clients. Jim is known for being a compassionate, caring and intelligent attorney and is recognized in the San Diego community for his integrity, character and skill has a lawyer. Jim has received numerous honors and awards for his abilities as an attorney.
Tell us what happened and Jim will contact you as soon as possible to discuss your case. The consultation is without obligation and we receive no fees until we win your case. Let us know how we can help you.
James Iagmin is widely recognized by his clients, fellows lawyers and others within the San Diego community for his integrity, compassion, intelligence and skill as one of the top accident lawyers in San Diego.
Call Now For A Free Consultation