Finding A Personal Injury Attorney by David Walters

We have all seen the various commercials on television for personal injury attorneys that want you to contact them when you are in an accident and need a consultation. Before retaining anyone, you should investigate the reputation of the attorney to make sure he/she will work hard for you.

Asking another attorney that you know for a recommendation is a good idea. Even though he/she may not specialize in personal injury cases, odds are he/she will know someone who does. Although some do fit the stigma of the ambulance chaser that helps clients get money for fake injuries, many are still reputable personal injury attorneys and you want to find that right one. Once you have a recommendation, it is still a good idea to ask specific questions at your first consultation meeting. Many offer the first meeting for free so that you have the opportunity to make up your mind on who to hire.

One thing you should look for in this meeting is attentiveness to your case. The attorney should answer your questions willingly. If he/she does not seem responsive or doesn’t seem very informed when answering the question, you will probably want to keep looking. If an attorney does not seem motivated in the beginning, it may only get worse as the case continues, and you want someone who is going to work hard to get the answers and results that favor you.

You also want to clarify the fees schedule at the initial meeting. Each attorney has a different method for charging. If they take a percentage of your winning judgment, they may work harder to get that better, favorable judgment. If they charge by the hour, you will need to watch carefully as these add up fast. Don’t feel bad for shopping around for the best rates among those that have been recommended to you.

You may want to consult one of the personal injury attorneys you have seen on television since their ads seem so appealing. Be aware that although they may be more experienced in such cases, they will probably also be much busier than those who do not advertise on TV. With a large caseload, they may not be able to give you the personal attention that you need even if they do claim to be able to win a sizable judgment for you.

As you are healing from your accident, the last thing you want is pain from searching for the right personal injury attorney. Remember to use that free consultation to help you decide which attorney is right for you. If you can’t find recommendations, search the Internet and the phone book for local personal injury attorneys. Without recommendations you may have to interview more to determine which one to hire, but make sure that you are comfortable with whoever you choose so that your case will go as smoothly as possible.

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The Stages on Filing a Personal Injury Claim

The Stages on Filing a Personal Injury Claim

A personal injury claim does not purely involve court battles. It is a general practice rather for courts to compel the opposing parties to have their cases be settled “out of court” through any of the allowable alternative dispute resolution processes. Normally, this endeavor may proceed even before or while the formal trial in court is on going.

Entering an Alternative Dispute Resolution

Alternative Dispute Resolution (ADR) includes a wide array of processes in settling arguments of the opposing parties outside the court or any government judicial procedure. Usually, both parties result in these settlements in order to lessen their burden of paying legal fees. More so, ADRs seek to avoid those complicated and time-consuming legal arguments in the trial proceedings.

Major Types of ADRs

Negotiation – This ADR process involves voluntary participation between the plaintiff and the defendant. However, this practice does not necessitate a third party to facilitate the process of resolution or impose a decision

Mediation – In this method, a third party or mediator is needed to assist in the resolution process. A mediator may then suggest his proposal after hearing the arguments of both sides. Nevertheless, he cannot impose any resolution on the conflict.

Arbitration – Like in mediation, this approach requires a third party or arbitrator to hear both parties and to act as a private judge. An arbitrator can impose a resolution if the plaintiff and the defendant have agreed to resolve their conflict through this kind of process. Yet, the parties may still appeal the result to a proper court if they do not agree with the verdict.

Conciliation – This aims to resolve an argument through reconciliation process in which a conciliator tries to build a positive connection between the two parties. A conciliator facilitates communication and therefore attempts to clarify the misconception between the disputing parties.

Tips when Engaging on an ADR

Be firm with your targeted recovery or settlement

Prepare for the process proficiently by analyzing the merits of your case and gathering much information

Demand for a just settlement based on your past and expected expenses and other losses such as medical bills and wages.

Control your emotions

Listen closely on the other party’s statements

Carefully examine the concessions offered by the defendant and do not just be carried away by those large offers.

Seeking for the Right Advocate

The secret of having a successful settlement procedure depends on the capability of your chosen litigation lawyers. Thus, hiring a legal counsel who has an extensive experience and skills in going through these procedures is very much advisable. This will give you a better chance of obtaining a just settlement for your case.

Our law firm’s CA Litigation Lawyers have significant experience in handling business litigation and personal injury litigation.

By Mesriani Law Group
Published: 10/26/2007

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