Personal Injury Lawyers
The following is excerpted from The Court TV Cradle-to-Grave Legal Survival Guide, an easy-to-read, in-depth explanation of the law as it affects all aspects of daily life. You can order the book, published by Little, Brown and Company, from our online store. It also is available in local bookstores, or you can call Little, Brown directly at (800) 333-3476.Note: Personal injury lawyers generally handle medical malpractice cases.
DOES A PERSON HAVE TO HAVE A LAWYER IN A PERSONAL INJURY CASE?
No, but it is often advisable. In the case of a minor injury, you might want to try a preliminary do-it-yourself approach. Many people and businesses carry liability insurance, so you should send a letter via certified mail to the party you believe is responsible for your injury. You should inform them that you were hurt, describe your injuries, and ask for their insurance company to contact you. Often the insurer will assign an "adjuster," (whose loyalty is to the insurance company, not to you), to try and settle the claim without the involvement of lawyers. If you have any questions about whether you are getting a fair or proper settlement, you should consult a lawyer before finalizing an agreement.In the case of a serious injury, you should consult a lawyer as soon as possible if you believe the injury was caused by somebody else's negligence. Most likely the insurance company for that other party will investigate immediately, but it helps keep the playing field level if you have a lawyer to represent your interests and protect any important evidence.
HOW DO FEES WORK IN A PERSONAL INJURY CASE?
Usually you will not have to advance any money, because most personal injury lawyers take cases on a contingency basis. That means that the lawyer takes his or her fee out of any damages that you are awarded. Usually the percentage of fees is 33 1/3, although it may vary from state to state. If you win no damages, the attorney gets no fee.The first consultation will usually be free, and if the attorney thinks you have a case, he or she will probably ask you to sign a written fee agreement. Even though the lawyer only gets a fee if you win damages, you will probably be responsible, win or lose, for expenses such as court filing fees and the costs of investigators and expert witnesses. Some lawyers may ask a new client to put up some money--a couple of hundred dollars, perhaps--to cover these expenses.
If you are unhappy with your lawyer, you can fire him or her at any time. However, if you do so, your lawyer may be able to charge for the hours he or she has worked on the case.
