Personal Injury Law, Hiring a Lawyer
Why do I need a lawyer?
When you or your loved one suffer an injury as the result of somebody else’s action, perhaps it seems natural that the person would offer to compensate you for your injury, or that their insurance company will do the right thing and offer a fair settlement. Unfortunately, that rarely happens. Many people will not take responsibility for their actions, and insurance companies profit from under compensating injury victims. Insurance companies and their lawyers also know the governing law backwards and forwards, and they know that most non-lawyers have no idea what legal rights and remedies they possess.An experienced personal injury lawyer knows how to build your case, how to negotiate your case with an insurance company, and, if necessary, how to take your case to trial. While it is possible to negotiate your claim with an insurance company yourself, insurance companies will typically do everything they can to take advantage of you and to effect the lowest possible settlement, while attempting to elicit statements from you that will damage your position if you ultimately decide to sue.A lawyer is in a good position to help you obtain a favourable settlement that, even with the attorneys fee deducted, significantly exceeds what you can obtain on your own.
How much does a personal injury attorney cost?
Personal injury lawyers almost always accept cases based on if they win they receive a percentage of the award as their fee. If they lose, they do not receive an attorney fee.Ask the attorney dealing with your case what percentage of the award they will take as their fee. Remember even if this percentage may seem high you need to take into consideration that the awarded amount your attorneys can obtain might be significantly higher than the amount you would have received had you tried to do it on your own. Add to this the number of hours you will save having an attorney do it for you.
Where Can I Find An Attorney?
You can find the names of attorneys from a variety of sources. You may seek advice from friends, or from your doctor or another health care professional. You may look in the Yellow Pages or an online lawyer directory. There are many ways to seek a personal injury lawyer, but there are no magic answers to finding a good lawyer.
Go To an Attorney You Trust, and Seek a Referral
One of the best ways to find personal injury lawyer is to consult an attorney you trust. If you do not know any attorneys, ask your friends for names of attorneys they trust. It is not important that they give you the name of a lawyer who can handle your case - what is important is that the attorney is likely to comprehend the issues of your case, and is well-positioned to know which attorneys in your community have the skills to handle your case. Even if the attorney cannot personally take your case, he will often be able to refer you to a lawyer who can.You should note within this context that attorneys frequently receive “referral fees” when they send personal injury cases to other lawyers or law firms. The amount of this fee can be significant - it is usually about a quarter to a third of the fee received by the personal injury lawyer who handles your case. This gives the attorney an incentive to refer you to a good personal injury lawyer - but if this possibility makes you at all uncomfortable you shouldn’t hesitate to ask if the attorney referring your case expects a referral fee.
Internet Lawyer Directories
A number of commercial on-line directories claim to screen their attorneys, or claim to list only highly qualified attorneys. Most are not being completely honest. Regardless of their promises, most on-line directories will list any personal injury lawyer who pays the required fee, and there is absolutely no guarantee that the listed attorneys are qualified to handle your case.There are also a large number of websites on the Internet which look informational, but in fact are owned by law firms. Be wary of any “injury information” site that lists law firms or offers lawyer referrals, particularly if it does not make obvious the identity of its sponsor.
Are there special types of personal injury lawyers for different types of cases?
Yes. When you are seeking a personal injury lawyer, you should consider that most personal injury lawyers do not practice medical malpractice law, and many do not handle workers’ compensation cases. Just as you would seek a specialized doctor to provide a special type of medical care, the practice of medical malpractice law is very specialized and in seeking a lawyer it is almost always best to seek out a lawyer or law firm which has significant experience in that area of law. Some lawyers specialize primarily in workers’ compensation law, which is typically handled through a special system of administrative courts.Further, beyond workers’ compensation and medical malpractice, certain law firms specialize in particular types of injury or cause of action. There are personal injury law firms which focus primarily on burn injuries, or brain and spinal cord injuries. There are personal injury firms which concentrate primarily on car accidents, construction accidents, or litigation over defective products. You will benefit from asking whether a lawyer you consult has experience with your type of injury before you make your hiring decision.
If I meet with an injury lawyer, do I have to hire them?
No. Although personal injury attorneys rarely charge for an initial meeting with a potential client, before your meeting you should ask if there is a fee for an initial consultation. If there is, you will be obligated to pay that fee even if you do not hire the attorney. However, even when the consultation is free, you have every right to take some time to think before you hire a lawyer, and you have every right to decide not to hire the lawyer. Hiring a personal injury lawyer is a big step, and there is nothing wrong with consulting several lawyers to find one who makes you comfortable.
What should I ask the attorney before I hire them?
The questions you should ask will vary with your case. Consider the following list to be a starting point:
- What are your areas of specialization?
- Have you handled cases like mine before? How many? What was the outcome?
- Will you be the only attorney who works on the case? If not, who else will work on it?
- How long will it take for this case to be resolved?
- Will you take my case on a contingent fee basis?
- Are there things I should do to improve my case, or to help you?
- How will you keep me informed about the progress of my case?
- If I contact your office with questions, how long will you take to return my call?
- If you are unavailable or on vacation, who can I speak to about my case?
- How often do you go to trial?
- If I am not happy with a settlement offer and you want to settle, will you go to court anyway?
- If I am happy with the offer but you think we can win more at trial, will you follow my wishes?
- Have you ever been disciplined by an ethics committee, or been suspended from the practice of law? If so, why?
- What “continuing legal education” courses have you attended during the past few years? Have you taught any?
Please note that, as desirable as references may be, it is usually not possible for personal injury lawyers to give references from past clients due to attorney-client confidentiality. However, you may wish to ask for references from other attorneys.
Should I ask for a written retainer agreement?
Yes. A written retainer agreement is the best way to ensure that your rights are protected, and in many jurisdictions is required for a contingent fee agreement to be valid. Many personal injury lawyers use a relatively short fee agreement, but even if it looks short and simple you should take your time and read the whole agreement before signing. If there is something you don’t understand, ask for clarification before you sign.
What if I hire an injury lawyer, but I don’t like the work they do?
Your lawyer works for you, and you have the right to terminate the attorney-client relationship. Please note, however, that your lawyer is still entitled to compensation for work performed on your case. If the lawyer was representing you on a “contingent fee” basis, the lawyer will often be entitled to a portion of the proceeds of your case once it has been resolved.Usually, before you fire your lawyer, you will want to first talk to a different attorney. Sometimes the new attorney will tell you to try to work out your problems with your lawyer. If you choose to hire the new attorney, the new attorney should be willing to work out the details relating to any fees you may owe to your prior lawyer.
If I want to appeal my case, does my attorney have to represent me?
Not unless your retainer agreement requires your attorney to take on the appeal. Your lawyer will ordinarily only have to represent you on the matters specified in your retainer agreement. Once a final judgment has been entered, your lawyer ordinarily has no further responsibility to represent you or to appeal your case.
What if a dispute arises?
In the event that a dispute arises between you and your lawyer, the bar offers dispute resolution services. These services can be of particular benefit in the event of fee disputes. If you feel that your lawyer has acted in an unethical manner then there is a procedure where you can file a complaint against your lawyer and have your complaint investigated.This article was found on http://www.expertlaw.com and slightly altered for South Africa lawyers
Please help!! My mom was knocked over by a doctor in a corrdor off hosptal - she died
6 day later. We see her death as negligence on the hospital side. Please urgently give me the name of attorney in Kempton Park that can help us with this case.
Thnks
I was travelling from Lusaka (Zambia) to Johannesburg using one of the
south african buses and i was involved in an accident in Harare Zimbabwe i had sustained injuries on right my ear and have undergone several operations to try and fix my right ear but it has not worked and am yet to undergo another operation.I logged a claim today (28.08.08) hoping they will assist me pay these bills because i don’t know if i still have to undergo other operations in future and i have been paying these bills myself.And they never even bothered to call and find out how i was doing.Please advise if i will be able to get help or am wasting my time?
Also, if possible, ask to speak with former clients.
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Goeiedag Mnr /Me
Ek wil graag raad vra i.v.m ‘n aangeleentheid wat ek glo ander mense in soortgelyke posisies ook kan affekteer. Werksverwante omstandighede het vir hierdie eerlike en opregte mens en sy familie groot trauma en hartseer besorg. Ek gaan net in kort probeer verduidelik wat gebeur het.My probleem is ek het nie al die kundigheid en kennis om dit self te doen nie maar glo daar is genoeg gronde vir die familie om op te staan.
X was die hoofrekenmeester van Y Munisipaliteit. Hy het die pos beklee sedert 1996 . Alles begin in 2004 as gevolg van ‘n bedrog klag wat hy en lede van sy department oopgevlek het. Dit is aan die munisipaliteit se regspan oorgedra wat dit verder sou ondersoek. Iemand neem toe ‘n besluit om hom en die ander lede van sy afdeling te skors. Hierdie vind plaas sonder enige formele klagstaat. Vir etlike weke wag hulle om uit te vind wat die klagte is. Dit kom toe aan die lig dat dit gepaard gaan met die betrokke ondersoek wat hyself laat loods het.
A.g.v ‘n gebrek aan kundigheid by die munisipaliteit se regspan (later blyk dit te wees ‘n regstellende aksie proses) word hy aangekla van nalatgigheid omdat hy eers na ‘n tydperk van ‘n maand of twee agtergekom het van die bedrog wat ‘n kontrakteur / werknemer gepleeg het. Nodeloos om te sê word hierdie proses vir twee jaar lank uitgerek. Die korrupte amptenaar erken intussen skuld maar X word steeds vervolg. Hy verskyn 11 keer voordat hy ‘n beurt kry om sy getuienis te lewer. Uiteindelik op 11 September 2006 kan hy die wolk wat oor sy kop hang verduidelik. Die saak word gesluit en die uitspraak sou binne 10 dae beskikbaar wees.
Die tien dae het later 1 maand geword. Later nog ‘n maand. Hy het in hierdie tydperk begin vermoed dat dit ‘n regstellende proses is om hom uit sy posisie te lig. Dit het hom groot kommer besorg aangesien hy nie geweet het wat om daaraan te doen nie. Hy het begin twyfel in sy medemens en die regstelsel. Die vroeë oggendure van 19 November 2006 ‘ n dag voor sy 44 ste verjaarsdag kon sy liggaam nie meer die hoeveelheid stres hanteer waaronder hy en sy afhanklikes moes gebuk gaan nie. Sy hart het gaan staan voor sy vrou, kinders en bejaarde moeder. Tydens besoeke van medelye dieselfde oggend verneem ‘n raadslid hoe dit die laaste tyd by die werk gegaan het. In hierdie geprek vind ons uit dat die uitslag deur iemand by die munisipaliteit weerhou is. Hy is onskuldig bevind aan die klagtes aan hom opgelê. Dit is nooit aan hom meegedeel nie. Hy is onskuldig na sy graf toe.
Hiermee was sy vermoede dus reg. Is daar enige iets wat ‘n mens kan doen? Ek is in besit van ‘n skrywe wat hy die laaste dae van sy lewe geskryf het waarin hy sy gevoelens van magteloosheid en wat die proses van regstellende aksie aan hom, sy vrou en kinders gedoen het, beskryf.
Ek sal dit hoog op prys stel indien u my kan help, asseblief.
Vriendelike groete
Riaan Mynhardt
082 4990783
Smitstraat 66
Potchefstroom
2531
Thanks for interesting article
Good article! Be very cautious when choosing lawyers in the yellow pages. A lot of them simply shouts at you how “they are the best, here’s the 1-800, call us right away”. But they don’t tell you how exactly they would help you.
Good post! May I just add that if you chose to look for a personal injury lawyer in the yellow pages, don’t equate bigger ads to better legal services. This also applies to lawyer ads in the web. Instead look for the ones who really specify how they could help you in your particular situation.
Is Amanda problem already addressed?