7 Questions You Need to Ask Before Hiring a Car Accident Lawyer
You got into an automobile accident and now you need to sue the other driver to recover some of the money you had to spend as a result. You need a lawyer, ideally a car accident lawyer. The only problem is you don’t even know where to start because it seems like there are lawyers everywhere offering their assistance. Below you will find questions to aid you in your search for legal representation.
1. Do I have a case?
First and foremost, you need to know if you actually have a case that can be won before you spend a lot of time and money on it. Some questions you should ask your potential lawyers are:
- What will we claim as my damages and how much do I have the potential to receive? Your physical injuries and medical bills are certainly damages, but many times emotional injuries can also be claimed as damages if you can prove them. Also, you need to know how much of your damages will be covered. Fault is handled differently on a state-by-state basis; there are 5 basic types of fault practiced in the U.S. Some states have laws that assert that if you are even 1 percent at fault, you will receive no compensation; others have laws that state that you should receive compensation based solely on what percentage of the accident was your fault. Ask how your state’s fault laws will affect your case.
- Who will we bring the case against? The other driver is the ideal defendant, but sometimes he/she will not have the assets to cover the damages they caused, other times it is a combination of people/entities at fault. For instance, a motorist may have been driving too fast and their car may have also contained a defective part that contributed to the accident. In this case, both the driver and the manufacturer could be held responsible.
2. Do you specialize in car accident cases?
Finding an attorney who specializes in car accident cases is not a necessity, but in most instances, it is to your benefit to do so. These are the questions you should ask potential lawyers:
- Is your specialization car accident law?
- How many car accident cases have you taken and won?
- What is your potential lawyer’s success rate? How many car accident tort cases does he/she settle on average per year? You want to be sure that he/she has actually been successful and that he/she is not trial-happy, which can be costly.
- How long have you practiced car accident law
3. What is your background?
You should ask the following questions about your potential lawyer’s background:
- How long have you practiced law?
- Where did you complete your undergraduate studies?
- Where did you go to law school?
4. How much is this entire process going to cost me?
It is pertinent that you know the full cost of hiring your attorney. Hopefully he/she has already estimated how much money you may get; you need to ensure that the case will not cost you more than you will gain. Ask the following:
- Do you charge by the hour or at a contingency rate? A contingency rate is a percentage of the money you win in court that a lawyer takes if you win a case; usually, if your case loses and your lawyer works on contingency, you will not have to pay anything.
- Do you charge a retainer fee?
- About how long should my case take? Time is money; regardless of whether or not your lawyer is taking a contingency, you may miss work which translates to financial opportunity losses.
- What court fees are involved in this type of case?
- How much will discovery and losing/winning cost me? Understand and obtain, in writing, all fees you will incur by hiring a particular lawyer, including fees your lawyer will take if your case wins.
5. What are my responsibilities in regard to my case? Sure, you are hiring him/her, but that doesn’t mean you don’t have any responsibilities:
- Do you need a police report?
- What do you need to provide your lawyer with to prove your damages?
- Do you need to inform you insurance company of the accident?
6. How would you describe your work style?
Ask the following:
- Who will be working on my case? Will it be you and/or another lawyer? What are the credentials of the lawyer/s that will assist you?
- Who will actually accompany me if we go to court or into mediation?
- How would you describe your relationship with your clients?
- How will we communicate throughout the case, and how often?
- Will you consult me before making decisions?
- Do you generally attempt to settle cases before you take them to trial?
- What is your approach in the courtroom and/or mediation process?
- What are your strengths and weaknesses as a lawyer?
7. What kind of resources do you have at your disposal?
It is important that your lawyer has ample resources at his/her disposal. Ask the following:
- What technologies do you utilize when you work on a case? Some lawyers have resisted technological advances, like computers, which could ultimately hinder your case.
- Do you have a professional network?
- What kind of experts do you have in your network? Many car accident cases necessitate expert witnesses; you should seek a lawyer who knows a variety of experts to ensure that your case is as strong as possible.