| Confused by scores of yellowpage ads for | | | | that the company may have to pay more if the |
| attorneys? Turned off by lawyer TV ads? Don't | | | | person files a lawsuit and goes to trial. Attorneys |
| know how to find the right attorney for your | | | | who regularly win at trial increase the insurance |
| accident case? Here are some guidelines, which if | | | | company's "risk" that it might have to pay much |
| followed, should make your search easier and also | | | | more money if the jury awards more than the last |
| relieve some anxiety. | | | | settlement offer. Insurance companies regularly keep |
| *Choose an attorney who specializes in personal | | | | lists of the personal injury attorneys who do go to |
| injury. There are many attorneys who represent | | | | trial. These are the attorneys who can command |
| personal injury clients in addition to other practice | | | | premium settlement offers compared to attorneys |
| areas, such as divorce, criminal defense or real | | | | who do not go to trial. Simply put, the insurance |
| estate. Choose an attorney whose practice is | | | | company will pay more money to settle a case if |
| devoted to personal injury law. The field of personal | | | | there's a greater chance that the attorney will try |
| injury is too complicated for a "generalist" or | | | | the case in court. That is why having an attorney |
| "part-time" lawyer to master. If you needed surgery | | | | who has a reputation of going to trial can actually |
| on your shoulder, would you rather see a "general" | | | | increase your chances of avoiding trial. |
| surgeon who performs surgery on many different | | | | *Choose an attorney who wins at trial. This goes |
| areas of the body, or a surgeon who only does | | | | without saying. An attorney who gets results at trial |
| "shoulder surgery?" Most people would choose the | | | | is the insurance company's worst nightmare. The |
| specialist. Don't take chances with your personal | | | | insurance company will pay much more money to |
| injury claim by hiring a "generalist." | | | | settle a case if the injured person's attorney has a |
| *Choose an attorney who demonstrates expertise in | | | | winning record than if the attorney does not. Choose |
| the field of personal injury law. There are too many | | | | an attorney that wins. |
| different types of the law for any one attorney to | | | | *Beware of attorneys who actively solicit you. You |
| claim specialty in multiple areas. No one can do | | | | should be cautious of attorneys who contact you in |
| everything well. Most people want to see a specialist. | | | | writing just after you or a loved one has been |
| The same is true for lawyers. The field of personal | | | | injured, maimed or killed in an accident. Most state |
| injury law is complex with subtle nuances that could | | | | bar associations have rules against attorney |
| mean the difference between recovering a few | | | | solicitation, or at least have very stringent limitations |
| hundred dollars versus several thousands of dollars. | | | | on this sort of activity. I have no respect for |
| The attorney you choose should limit his or her | | | | attorneys who feel the need to cross the line by |
| practice exclusively to personal injury law. Does the | | | | actively soliciting clients right after the accident. If an |
| attorney write about personal injury? Has the lawyer | | | | attorney engages in this sort of unethical behavior it |
| lectured or taught other lawyers about personal | | | | may give some indication how that attorney might |
| injury law? If yes, these are good signs that the | | | | perform in your case. |
| lawyer is a personal injury specialist. | | | | *Be cautious of attorneys who advertise on T.V. or |
| *Choose an attorney who understands the medicine | | | | take out big flashy ads in yellow pages or other |
| involved in your case. This is a no-brainer, right? But | | | | publications. Did you know that many of the T.V. and |
| you would be very surprised at how many attorneys | | | | yellow page ads for lawyers are paid for by |
| who claim specialty in personal injury have little | | | | attorneys who have never actually tried a personal |
| understanding of the medicine and treatment | | | | injury case in court? In fact, some of these |
| involved with the client's injury. For example, take a | | | | advertisements are created by law firms that have a |
| case involving neck and back injuries. These types of | | | | "policy" of always settling their cases without ever |
| injuries can be difficult to prove in court because | | | | filing a lawsuit! If you were an insurance adjustor who |
| spine medicine is extremely complex and the | | | | knew that a particular attorney or law firm always |
| diagnostic imaging may show very little or nothing at | | | | settled short of trial, would you ever increase your |
| all. Yet, this area of medicine has also undergone | | | | offer for fear that a jury might award more? |
| enormous strides and advances just in the last ten | | | | *Understand bar association referral lists. Many local |
| years. There are now new diagnoses in the area of | | | | bar associations operate a "referral list" where |
| spine medicine that literally did not exist a few years | | | | consumers can get the name of an attorney. Just |
| ago, not to mention new treatments and minimally | | | | understand that the lawyer has signed up and paid a |
| invasive procedures that have been created due to | | | | fee to be included on the referral list. Some but not |
| advancements in technology. If you have a neck or | | | | all of these referral lists don't bother to check or |
| back injury claim, you obviously want an attorney | | | | verify the attorney's experience with the type of |
| who understands spine medicine so proper treatment | | | | case that is being referred. |
| and diagnoses can easily be pursued or presented to | | | | *The likeable lawyer is not enough. There are many |
| the insurance company in negotiations, or made part | | | | people who choose to hire an attorney based solely |
| of a persuasive presentation to a jury on your behalf. | | | | on whether the attorney is likeable. I know of some |
| You would be surprised at how few personal injury | | | | very personable and likeable lawyers who claim to do |
| attorneys really understand this area of medicine yet | | | | personal injury law, but whom I would never |
| neck and back injury claims make up the bulk of | | | | recommend based on their limited experience and |
| accident cases that exist in Washington. | | | | expertise. Would you let a likeable surgeon operate |
| *Choose an attorney who actually goes to trial. I | | | | on your body if you knew the doctor rarely made it |
| know, I know. If you're like most people who have a | | | | to the operating room? It is important that you like |
| claim for injuries, you'd rather not have to go to trial. | | | | your attorney, or at least respect him or her, but it |
| So why pick an attorney who actually does regularly | | | | should not provide the only basis for your hiring |
| try injury cases? To understand why this is such an | | | | decision. |
| extremely important factor when choosing an | | | | *Choose an attorney who you feel comfortable with. |
| attorney you have to understand the business of | | | | You should feel comfortable with the lawyer and his |
| insurance and why claims are settled. Essentially, the | | | | or her ability to communicate with you. Does the |
| insurance company is in the business of "risk." That is, | | | | attorney seem credible and trustworthy? Does the |
| it accepts your money with the promise that it will | | | | attorney explain everything to your satisfaction, or |
| pay you money if you encounter certain risks of | | | | does he explain why an answer to a particular |
| harm or damage. The risks are usually low, which is | | | | question can't be given at that time? You should feel |
| why the insurance company can earn enormous | | | | comfortable with the lawyer. You should also |
| profits. When it comes to paying a claim, the | | | | understand how the two of you will be working |
| company only pays a "settlement" if there is a "risk" | | | | together on your case. |