Finding A Personal Injury Lawyer And What To Expect

Before any discussion of what a personal injury lawyer can do for you begins, it might be a good idea to discuss a little about personal injury basics.

Personal injury law is tort law. The word “tort” is derived from an Old French word meaning “wrong.”  The concept behind tort law is that members of a society have a duty not to harm each other. Criminal law uses a similar basis, except that it is based on the duty owed to society in general not the individual.

There are 3 kinds of torts.

Negligence: Where someone has failed to use ordinary care that a reasonable person would use under the circumstances.

Strict Liability: Involves such things as defective products

Intentional Wrongs: Such as Assault and Battery or Wrongful Imprisonment

The job of the personal injury lawyer is to represent your interests in court when you have sustained an injury due to one of the 3 types of torts. Your attorney will do this by collecting information about you and your injury. This part of the process is called “discovery.” In the discovery phase your attorney will collect information through exchanges of documents, written questions (called interrogatories), and depositions ( in which questions are answered in person and under oath). Most cases are settled out of court following the discovery process. If there is a settlement offer it is important to understand that it is an agreement to a degree of compensation and that the decision on whether to accept the offer or not belongs to the client and not the lawyer. If not settled out of court, then your lawyer will argue the merits and facts of your case in court. Your attorney can also tell you if your case has been brought within the time limits. Each state sets its own time limits for filing a claim for personal injury. This time limit is known as a statute of limitation. If a claim is not filed within that time limit it will be thrown out of court and not heard.

You should always choose a personal injury lawyer who has experience with the type of injury you are seeking compensation for. Don't use a lawyer who knows about auto accidents to pursue a product liability claim. There are many sources for finding such a personal injury lawyer. Some of these include acquaintances or people you know that have had the need for such a lawyer. Support groups can be a source of information. You state's bar association may have information that is available to you. There are legal directories in libraries too which may prove helpful.

Once you have a list of prospective personal injury attorneys, you should schedule interviews with them. Choosing a lawyer to represent you should always involve a face to face meeting. It is important to find out if you think that the attorney is someone with whom you will be comfortable working with. There are some questions you should ask your prospective attorney. Ask how long the lawyer has been practicing personal injury law. Find out if the attorney will be personally dealing with you or if they plan to have an assistant or paralegal deal with you.

During the initial consultation, let your attorney take the lead. You will want to lay everything out for them, and give them all the details that you think are important, but try to resist that temptation, and let your lawyer exercise the expertise you are paying them for. Let your attorney take the lead and guide you through the information that they will need. Your attorney will want to know about such things as your insurance coverage. They will ask if anyone has interviewed you about the accident or injury. They'll want to know if you have already spoken to an insurance adjuster, and they'll want to know about any documents, such as police reports, medical opinions, witness statements, and of course the details of the accident or injury as you know them.

Many personal injury attorneys will work on a contingency fee basis. If you lose, then you don't pay. However in some cases they may charge a flat fee or a per hour fee. In the case of the hourly rate, a speedy settlement is definitely in the client's best interest.

Never forget that your attorney works for you. You musty insist on clear communication from your attorney. If you have questions, ask them. Try to learn about personal injury law so that you will be able to ask intelligent questions, and so that you will better be able to assist your attorney with your claim by providing the information that they will need.

In most cases, an offer to settle will occur following the discovery phase. An offer to settle can happen anytime prior to a verdict in the case. In the event of a verdict, be prepared for an appeal following the award. Until an appeal is settled there will be no recovery. Also be aware that it is possible that an appeals court may return the case to the lower court to be heard again. In this case, there can be another appeal following a verdict that is unfavorable to either party.

Personal injury law can be perplexing and in most cases the services of an experienced personal injury lawyer should be sought.