Are you ready to win the maximum compensation your case deserves?
The most important choice you make during any personal injury case isn’t who you sue or which insurance companies you contact. It’s who you hire to represent you in court. With 95% of injury cases settling out of court and billions of dollars up for grabs, your decision here could determine the size of your settlement check.
The issue is:
Most people have zero clue how to hire a personal injury lawyer. They settle for the first person with a website or the firm with the biggest billboard. It’s a recipe for getting thousands fewer dollars than you deserve.
The truth? Research proves people with representation get settlements almost 3 times higher than those who attempt to handle claims on their own.
In this article, I’ll give you the tools you need to hire the exact attorney who’ll fight the insurance company tooth and nail for the last dollar you deserve.
The key points are:
- Why Your Personal Injury Lawyer Choice Makes or Breaks Your Case
- 4 Major Red Flags to Avoid When Choosing a Personal Injury Lawyer
- 5 Key Questions That Separate Top Tier Lawyers from Average Attorneys
- 5 Ways to Evaluate Experience and Track Record
Why Your Personal Injury Lawyer Choice Makes or Breaks Your Case
Your decision about which lawyer to hire isn’t just an important decision, it’s the most important decision.
Why? Insurance companies have databases on every personal injury attorney with information about their settlement history, trial record, and negotiation skills.
They know who will take their calls and who will fight. When a top-shelf lawyer files suit, insurance adjusters change their tune. No more lowball offers, no more nonsense.
What most people don’t realize…
The personal injury legal market is huge. We’re talking about a $57.3 billion industry with over 164,000 personal injury lawyers fighting over a share of settlements and verdicts. That’s a lot of options, but not all options are equal.
Some personal injury firms are nothing more than settlement mills. They churn through hundreds of cases a year, spend as little time on each one as possible, and do whatever it takes to get clients to settle quickly.
Other firms are different. They take far fewer cases but spend far more time and effort investigating, and they aren’t afraid to take cases to trial. These skilled personal injury attorneys are the ones who win the big settlements.
The difference in settlement values between top firms and everyone else can be night and day. I’ve seen some lawyers settle for $50k on a case while someone else in the exact same practice could have received $200k for the same injuries.
So how do you separate the good from the bad?
4 Major Red Flags to Avoid When Choosing a Personal Injury Lawyer
Not all personal injury attorneys are worth your time. Here are four warning signs that you should walk away (or Google) in the other direction:
They Promise Guaranteed Specific Settlement Amounts
Any lawyer who promises you a specific dollar amount before seeing your medical records is a liar. Settled value depends on dozens of variables that can only be uncovered with investigation.
Real lawyers will say: “I can’t give you a settlement value until I review the facts of your case.”
They Pressure You to Sign Right Now
Pushy lawyers are a major red flag. Good attorneys want you to ask questions, get a feel for their personality, and make an informed decision. If someone is pressuring you to make a decision today, they likely won’t do what it takes to win your case.
They Have Zero Trial Experience
One important thing that many people don’t ask about (but should) is trial experience. Lawyers who never go to trial get worse settlements. Insurance companies know they’ll never see these attorneys in court, so they offer less money.
Ask about the trial record. The answer should include the phrase “taken cases to verdict in the last few years.”
They Don’t Focus on Personal Injury Cases
Personal injury law is complex and ever-changing. It’s a mistake to hire a lawyer who only spends 10% of their time on personal injury cases. Anything less is concerning.
Look for personal injury lawyers who dedicate 90% of their practice to personal injury cases.
They Have Poor Communication Skills
If a lawyer can’t explain legal concepts clearly during your consultation, they’ll be just as confusing throughout your case. Plus, any communication problems only get worse during times of stress.
5 Key Questions That Separate Top Tier Lawyers from Average Attorneys
There are five key questions that you must ask during the personal injury attorney consultation to know if you’re talking to a top-tier personal injury attorney.
“How many cases like mine have you handled?”
You want someone who’s handled many cases just like yours. If the case you’re filing is medical malpractice, but the attorney handles mostly car accidents, they might not be the best person to handle your case.
Look for: Personal injury lawyers who have handled 20 or more similar cases.
“What’s your trial to settlement ratio?”
Lawyers who never go to trial, and vice versa, are missing a critical part of practicing injury law. Trials are important and can set the stage for future settlements. You should find a personal injury attorney that’s willing and able to go to trial. If your case is pretty cut and dry, most trials are settled before ever making it to the courthouse steps, however if the other side is being unreasonable a good personal injury attorney will at least try. You’re looking for a lawyer that tries to go to trial, but settles 90% of their cases.
A good ratio is around 1 trial for every 10-20 settlements.
Red flag answer: “I always settle” or “I never go to trial.”
“Who will actually work on my case?”
Meeting with the managing partner at a large firm isn’t bad, but if you take their case the actual work could be done by someone else. Ask who will work on your case and get a commitment if you want a specific person to handle it.
“What’s your fee structure?”
Most personal injury lawyers work on contingency, but the important question is what percentage? The usual is 33-40% of your recovery. Some advance costs and others expect payment upfront.
“How do you communicate with clients?”
You should get an answer about how often you can expect updates and the method of communication (phone, email, online portal, etc.). Set expectations early.
5 Ways to Evaluate Experience and Track Record
Don’t just take an attorney’s word for their level of success. Do your homework with these five tools:
Check State Bar Records
Every state has a bar association website that you can use to verify a lawyer’s license and see if they’ve been disciplined. A quick check could keep you from hiring a risky attorney.
Review Past Settlement Results
A reputable lawyer will have examples of past settlements (anonymized of course). If a potential personal injury attorney won’t share any results, walk away.
Ask For Client References
A trustworthy attorney will be able to provide references from past clients willing to discuss their experience. If a lawyer won’t do this, that’s a red flag.
Research Online Reviews
Check online reviews, but know how to interpret them. Look for patterns and commonalities. One bad review is nothing, but consistent comments about communication, results, and professionalism are important.
Verify Awards and Recognition
Board certifications and awards like “Super Lawyers” aren’t everything, but they are signs of recognition and expertise.