Thursday, May 24, 2012

Questions to Ask a Potential Personal Injury Lawyer | The Daily Legal

JERSEY CITY, NJ, May 23, 2012 -- When pursuing a personal injury lawsuit to seek compensation for injuries suffered due to another person's negligence, nothing will make more of a difference than your choice of a personal injury lawyer for your case. Do not be shy in asking questions of any potential lawyer. You may not have much chance during your first contact with a firm--they may dominate the questions--but when you actually get the chance, you need to be unflinching.

Areas You Want to Cover

When you are actually meeting with a lawyer, they have likely already decided they are interested in your case. Now you need to decide if you are interested in their help. Take a list of questions to your meeting so you don't miss any of the most important issues. Here are some of the areas you want to cover:

- Legal background and experience
- Legal philosophy
- Case management
- Assessment of your case
- Fees and expenses

These are some of the most important areas to take into account when selecting a personal injury lawyer. If you get answers to your questions on these points, you will likely know with a high degree of certainty which is the right lawyer for you.

Background and Experience

First, you want a lawyer who is trained and experienced in handling your type of case. In the opinion of the New Jersey State Bar Association, all lawyers are equally qualified to handle almost all types of cases, but this is not technically true. Lawyers have significant differences in terms of qualifications for certain types of cases. Here are some issues to consider and ask potential lawyers about:

- Legal education: When did you graduate? How much education did you receive in personal injury law? Have you taken any continuing education in personal injury law? Do you have any specialized education in my type of case?
- Experience with personal injury cases: How many personal injury cases of my type have you handled? How many have you taken to trial? When was the last time you handled a case like mine? How did that case turn out?

Legal Philosophy

In selecting a personal injury lawyer, you have to understand how each potential lawyer uses their training to serve clients:

- Emphasis: Do you handle other cases besides personal injury cases? If so, how much of your practice is "other cases"? How much of your practice is cases like mine?
- Approach: What do you think is the best way to handle cases like mine? In general, is it better to settle or go to trial? What is your goal in handling my lawsuit?
- Control: If you handle my case, who makes decisions about how to proceed?

Case Management

Case management relates to a lot of the day-to-day and week-to-week handling of your case by a lawyer or law firm. There are many potential pitfalls here. Some areas to cover, include:

- Representation: Who will actually handle my case? Will you or that person appear in negotiations and in court? If you are the main person handling my case, how much assistance will you receive from other lawyers and paralegals?
- Contact: Will you contact me about the progress of my case? How often? What type of reports should I expect? If I need to contact you, will you be reachable?

Assessment of Your Case

Before agreeing to let a lawyer handle your case, you need to get a frank assessment of what that lawyer thinks of the case. Areas to cover include:

- Odds of success: Is my case likely to succeed? Is it likely to resolve during settlement or will it require a trial?
- Factors affecting success: What do we have in our favor in this case? What obstacles do we have to face? Will my actions outside of court influence the case?
- Damages: What damages do you think we can pursue in my case? Do you think we are likely to get them? If not, how much will we get?
- Timeframe: Do you think this case will have a speedy resolution or drag on? How long? Is there anything we can do to speed the resolution? Are mediation and arbitration good options for getting a quicker resolution?

Fees and Expenses

Most personal injury lawyers crow loudly and long about working on a contingency basis. This means, they say, that they don't get paid until you do. This does not mean you won't have to pay anything, for your case, however. Here are some questions that can make sure you understand each potential lawyer's fee structure:

- Fees: Do you work on a contingency basis? Are all fees contingent, or are some billed hourly? What if the verdict is less than expected, will you take the same fees?
- Expenses: When will I be expected to pay expenses in this case? Do you have an estimate for expenses in cases like mine? What if the case fails, can we split expenses? Is financing available for expenses?

Asking all of these questions when talking to potential personal injury lawyers, will give you a very good idea of how lawyers compare and which one is right for you and your case.

To learn more about choosing the right personal injury lawyer for your case, please visit the website of The Law Offices of Anthony Carbone, PC in New Jersey.

Website: http://www.anthonycarbonepc.com

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