Republished with Permission © 2011 Nolo.
How to find a good personal injury attorney to help you with your accident or injury claim. [I wrote an article on a similar topic in 2011 aimed at my Portland, Oregon and Salem, Oregon car accident clients. It covers some, but not all of the same ground in this article. I encourage my Portland clients to be as thorough as they can in researching the important question of which lawyer to hire. Both articles provide invaluable information]
If you're facing a particularly serious or complicated injury claim, you'll probably need a personal injury lawyer's advice. You shouldn't turn to just any lawyer for help; look for someone who has experience representing injured folks (called "plaintiffs") in personal injury claims -- and whom you feel that you can trust.
Finding Experienced Lawyers
There are several ways to get referrals to experienced plaintiffs' personal injury lawyers. Once you get referrals, be sure to comparison shop. Get the names of several lawyers and meet with each of them to discuss your claim before you decide to hire someone. And be prepared for rejection. Many lawyers do not take cases if they fall below a certain potential recovery amount, or if the claim is not crystal clear. [I take personal injury cases of all types, and injuries of all sizes. From standard whiplash or soft tissue injuries to neck, back and spine injuries or brain injuries and wrongful death, no case is too small or too big.]
Here's where to look for referrals:
Friends and Acquaintances
Talk with friends or coworkers who have been represented by a lawyer in their own personal injury claims. If the friend or coworker says good things to you about a lawyer, put the lawyer on your list of people to consult. But do not make a decision about a lawyer solely on the basis of someone else's recommendation. Different people will have different responses to a lawyer's style and personality; don't make up your mind about hiring a lawyer until you've met the lawyer, discussed your case, and decided that you feel comfortable working with him or her. [This is probably the most important piece of advice in this article. Trust those you trust when referring you to people they trust.]
Nolo's Lawyer Directory
Nolo offers a unique lawyer directory that provides a comprehensive profile for each attorney with information that will help you select the right attorney. The profiles tell you about the lawyer's experience, education, and fees, and perhaps most importantly, the lawyer's general philosophy of practicing law. [See my profile by clicking here.] Nolo has confirmed that every listed attorney has a valid license and is in good standing with their bar association. Every attorney has taken a pledge to communicate regularly with you, provide an estimate of the time and cost involved, and provide you with a clear, fair, written agreement that spells out how they will handle your legal matter and how you will be charged. For more information, see lawyers.nolo.com.
Other Lawyers
Another place to seek a referral to an experienced personal injury lawyer is through other lawyers you know. Lawyers commonly refer cases to one another, and most lawyers will know someone else who handles plaintiffs' personal injury cases. As with referrals from friends or coworkers, however, do not simply take another lawyer's referral as the final word. [Likewise, I have a large network of attorney referral sources. From business law to family law and divorce or even criminal law, I know lawyers in town that I trust to assist my clients in their non-injury related matters.]
Referral Services
Most local bar associations have referral services in which the names of lawyers are available, arranged by legal specialty. There is a wide variation in the quality of lawyer referral services, however, even though they are supposed to be approved by the state bar association. Some lawyer referral services carefully screen attorneys and list only those attorneys with particular qualifications and a certain amount of past experience, while other services will list any attorney in good standing with the state bar who maintains liability insurance. [The Oregon State Bar Association referral service is used by many attorneys and clients. I trust them, but you should always meet the attorney you've been referred to.] Before you choose a lawyer referral service, ask what its qualifications are for including an attorney and how carefully lawyers are screened.
What you may not get from any lawyer referral service, however, is insight into the lawyer's philosophy -- for instance, whether the lawyer is willing to spend a few hours to be your legal coach or how aggressive the lawyer's personality is. Don't make a decision about a bar referral lawyer until you have met and interviewed him or her.
Choosing the Best Lawyer for You
To find out whether a lawyer is right for you, sit down with the lawyer to discuss your claim and possible ways of handling it. Bring copies of all your documents: police report, medical records and bills, income loss information, and all correspondence with the insurance company. Most lawyers do not charge anything for an initial consultation. [Make sure the initial consultation you're offered by a Portland car accident lawyer is a meaningful one.] But before you meet with a lawyer, find out whether he or she will charge you for the first interview. If the lawyer wants to charge you just for discussing whether or not to take your case, go somewhere else.
General Experience
After you tell the lawyer generally what your case is about, there are a few basic things you'll want to find out from the lawyer:
•· How long has the lawyer been in practice?
•· Roughly what percentage of the lawyer's practice involves personal injury cases?
•· Would the lawyer personally handle your case or pass it along to another -- perhaps less experienced -- lawyer in the office? It's normal for more than one attorney in an office to work on the same case, and to have less experienced attorneys handle routine tasks. Find out which lawyer would have responsibility for the case and which lawyer you would be dealing with directly. If there is to be another lawyer directly involved, ask to meet that lawyer, too.
[In addition to these questions, when looking for a lawyer who handles Portland car accident cases or injury cases throughout Oregon, ask what they know about the particular locale in which the case will be brought. If you have a car accident case in McMinnville, as when the last time they were in court there was. If you have a brain injury case in Bend, Oregon, ask them what they know about people and attitudes in Central Oregon.]
Settlement Goal
After you have discussed the facts of your case and the history of your negotiations with the insurance company, you may be able to get some sense from the lawyer about how much he or she thinks your case is worth, and how difficult it may be to get the insurance company to pay that amount. [Hopefully you have not given any statements to the insurance company. While you are free to field offers to settle from them during the process of negotiations, do not give them an substantive statement regarding the facts of your case until you've hired an Oregon accident injury lawyer who handles the type of case you're dealing with.] This is when you should let the lawyer know which of the following you want him or her to do for you:
•· Obtain a certain settlement amount for you with as few costs and as little hassle as possible.
•· Obtain an amount higher than what the insurance company has offered as soon as possible.
•· Obtain as much as possible, no matter how long it takes.
If you feel confident with the lawyer's experience, and comfortable with his or her idea of how to proceed with your case, chances are good that you've found a lawyer you can work with.
Information about Paying and Managing Your Lawyer
Once you've found a lawyer that you like, your job isn't entirely done. You'll need to create a clear, written fee agreement and then keep in contact with your lawyer to make sure your case is progressing as it should. For tips on working with the personal injury lawyer you choose, see How to Win Your Personal Injury Claim, by Joseph Matthews (Nolo). Also, the eBook The Lawsuit Survival Guide: A Client's Companion to Litigation, by Joseph Matthews (Nolo), has detailed information on choosing and working with a lawyer.
[Above all, you have to feel comfortable with your attorney, both as an advocate and a counselor. You need to trust them moving forward to obtain maximum recovery with minimal intrusion.]