10
MUSTKNOW
SECRETS
to get the Best Outcome for
My Personal Injury Claim
And how
to avoid
getting the
wrong
attorney
1
Get a written guarantee that
a lawyer is handling your case.
In some large law firms the attorneys are overloaded
with hundreds of cases. Not only does this keep them
from giving your case the personal attention it deserves,
it means that paralegals and legal assistants
do extensive work the lawyer merely signs
off on.
Of course, the reason you hire a lawyer in the
first place is for his or her education, training, and
­expertise. If a ­lawyer is not the one primarily handling
your case, you could become another number and
end up with considerably less than you should.
So before retaining a lawyer for your
personal injury claim, make sure he or she will
personally handle your case.
2
Hire a lawyer with a history of
satisfied clients who will handle
all aspects of the claim.
Before choosing a lawyer, ask how many complaints he or she has
received from clients or the state bar, and learn the nature of them. Be
sure to choose a lawyer who’s been practicing long enough and who has
an established track record—and find out what that record is.
Finally, confirm that the lawyer you hire will handle all the aspects of your
claim to your satisfaction. Your lawyer should:
• Make all direct contact with any insurance companies
• Make sure you are getting any necessary treatment,
even if you don’t have health insurance
• Intervene with bill collectors to verify the
legitimacy of the debt or to delay payment
until the case is resolved
• Negotiate reductions with lien-holders and
medical providers to maximize your recovery
• Explain all the aspects of your case in simple
language, especially if it’s in litigation
• Always keep you updated on the
progress of your case
You should be able to leave everything
to your lawyer so that you can focus
your time and effort on your health
and recovery. Before choosing a
lawyer, ask if he or she will handle
all of the details, so you don’t have to.
If your lawyer can’t assure you, find
another one to represent you.
3
Get a guarantee that
you will receive more money
than your lawyer does.
Some lawyers leave you with less money than
they receive from attorneys’ fees once your claim
is resolved, even though you are the one who
suffered the loss. When you suffer a personal
injury, look for a lawyer who will promise in
writing that you will end up with more
­ oney in your pocket than he or she
m
does.
4
Get a guarantee that your law
firm will communicate with you
and return your calls.
One of the biggest complaints clients have about
their lawyers is that they never hear from them and
have no idea how their case is progressing. Or, when
clients call with questions, nobody is available and
they never get a call back.
The last thing you need when you are
injured, and perhaps having difficulty
working and struggling to pay
bills, is to worry about the
status of your claim. Never
use an attorney who
refuses to give you
a written guarantee
that the firm will
return your calls
within 4 hours, and
communicate with you
about your case at least
once a month.
5
Always choose a lawyer
who charges zero fees
and costs up front.
Most personal injury cases are handled on a
contingency basis. That means you pay no
attorney’s fees up front. It also means that
you do not have to pay for the expenses required to
handle your case. Once your case is resolved, your
lawyer’s fees, as well as the costs involved in your
case, should be paid as part of the recovery from the
other party’s insurance. There is no reason you
should ever hire a lawyer who makes you
pay attorney’s fees or case expenses out of
your pocket.
6
Don’t be fooled by promises
of a huge recovery.
Some lawyers exaggerate claims about amounts
they expect to recover for potential clients to attract
their business. When an accident victim asks what
his or her case is worth, the lawyer may ­dramatically
overstate the value, creating inflated and unrealistic
­expectations. Not only is this conduct ­unprofessional
and unethical,­it is ­impossible for any attorney to
competently evaluate­a claim without knowing all of
the facts, including ­issues that may take a good deal
of time, investigation, and research to ­determine.
An ethical, competent attorney will not
exaggerate your potential recovery to
­
­obtain your business.
When you want a realistic appraisal
of your case, find out if the lawyer
knows all of the relevant details
and pertinent legal information
before he gives you an answer.
7
Do not attempt
to represent yourself.
It‘s almost always a mistake to represent yourself after
an accident. Whatever the insurance company
offers will likely be less than a skilled lawyer can
recover.
In fact, a 1990 insurance study found that represented
victims achieved significantly higher recoveries than
those who attempted to represent themselves. Furthermore,
speaking to an insurance company or its lawyers without
representation can seriously jeopardize your case, and
may affect your ability to receive the recovery you deserve.
In other words, leave the work of investigating,
negotiating, managing, and litigating your claim
to those skilled, trained professionals who know
the law, your rights, and how to get the best
results.
8
Get a guarantee that harassing
bill collectors will be handled
by your lawyer.
When you are seriously injured, not only can
you incur costs associated with getting better,
but you may also lose time at work, making it
difficult to pay bills, especially those for
your medical care. While you are waiting to
receive compensation for your damages, your
lawyer should contact bill collectors
and be your advocate, so that you can
concentrate on getting well. Make sure the
lawyer you choose will contact bill collectors, and
guarantee it in writing.
9
Make sure your law firm is
willing and able to pay for the
costs of your case.
Not all law firms have the resources, or are willing, to pay all
of the costs associated with pursuing your case. For i­nstance,
some cases require utilizing expensive expert w
­ itnesses, or
the use of mock juries to help your lawyer properly p­ repare.
All such expenses should be paid up front by the law
firm (which are eventually reimbursed from the
recovery). If your lawyer is unwilling or unable to pay
the expenses necessary for aggressively pursuing
your case, you will not get the representation, or
possibly the outcome, you deserve.
Likewise, if your law firm has insufficient resources due to its
size, it may not be capable of fully funding all the e­ xpenses
needed for your case. In either situation, your lawyer may
­attempt to settle your claim simply to cut costs rather than
working to secure the maximum recovery for you. Make
sure your lawyer is willing and able to invest the necessary
­resources to assure the best outcome.
10
Beware that a discount lawyer
can cost you more.
The standard fee for personal injury attorneys is
33 1/3% of the total amount that the attorney is
able to recover for you. If you shop around for an
attorney, you may find a few who are willing to a­ ccept
a lower, 25% fee. Unfortunately, a lawyer working
for 25% may be less motivated to take a case all the
way through litigation, including trial, if ­necessary.
They may even encourage you to settle your case
for less than its potential value. Moreover, if he or
she has other higher fee-based cases, your claim
may become a low priority, meaning further delay.
A 25% fee arrangement may sound like a
good deal, but it often can cost you more
in the end.
Why choose
7440 N. Oracle Rd. Bldg. 5
Tucson, Arizona 85704
520-797-1041
www.hofmannlawoffices.com