Suing someone takes up your time and energy. Most people don’t like to do it. However, in some cases, they may feel they have no choice.
Often, when that happens, they must recoup money from lost wages or medical bills. At other times, they may feel that the pain and suffering a person or entity inflicted on them mandates that they must respond to balance the scales.
If you feel that you should sue someone, then you must contact a lawyer. You might need their help to prove negligence if you hope to collect any money stemming from an incident where you became ill or someone harmed you. Your lawyer should be up to the challenges of proving negligence in lawsuit. That’s not all you’ll require from them, though.
Let’s take some time to discuss the questions you should ask your lawyer before you move ahead with a personal injury lawsuit. These cases require the best of legal representation if you’re going to get the outcome you desire.
Have You Ever Handled a Case Like This Before?
You can probably think of the first question that it makes sense to ask your lawyer if you’re thinking about suing a person or entity that you allege harmed you. You will want to know if that particular lawyer has ever handled a case like yours before.
Some lawyers work exclusively in personal injury law, and that is definitely someone you’ll want to hire over an attorney who works in other areas. If you find a lawyer who does divorce law, they probably can’t help you if you’re suing a doctor for medical malpractice.
If the lawyer you have selected says that they have handled cases like yours before, you should next ask them about the outcome of those lawsuits. Did the lawyer win the lawsuit for their previous clients or did they get a settlement offer for them from the defendant?
If the lawyer admits that they have a less than sterling track record, then you might think about going with someone else. You want someone who’s not just experienced, but who can win your case and get you the money you feel you deserve.
Have You Appeared in Front of a Jury Before?
You should next ask the lawyer if they have ever appeared in court before a judge and jury before to argue on a plaintiff’s behalf. You may find an attorney who seems competent and levelheaded. They may say all the right things when you’re talking to them in their office.
However, they might seem ill at ease or tongue tied when they get up in front of a judge and jury and advocate on your behalf. They may get stage fright.
You need to know that’s not going to happen. The lawyer you select should admit if they don’t have any direct courtroom experience yet. If they’re fine arguing with the opposing counsel behind closed doors, that’s great, but you also need someone who can command the stage and get the jury on your side if the lawsuit goes in that direction.
How Will I Pay You?
You should ask the lawyer how much money they will require for them to represent you, and also what payment method they will need. In almost all personal injury cases, you should not pay your lawyer anything upfront. Instead, they will likely accept a contingency payment plan.
That means you will only pay them a percentage of your winnings if they can successfully secure a settlement or a jury verdict that favors you. If they can’t get one of those two outcomes, you will not have to give them any money.
That’s standard for personal injury law. If your lawyer does not agree to it, then you can use someone else who will. Your attorney might get anywhere from 30-40% of your winnings, on average. While that may seem a little steep, it’s industry standard. You’re getting that lawyer’s expertise.
What Will You Do for Me if I Decide to Move Forward?
You should also ask the lawyer about what concrete actions they will take if you sign with them and start the lawsuit that very day. They should have a plan of attack rather than giving you an abstract answer.
Ideally, they should start drafting the paperwork to let the person or entity you’re suing know that you’re bringing a lawsuit against them. They can send it off and start the process. It takes some time for the person or entity you’re suing to respond, and you don’t want to delay.
Your lawyer might tell you that next on the agenda they will start investigating your case. They will collect any paperwork or other evidence you have that proves what you say happened. They will often have an investigator on the payroll already, or more than one if you hired a larger or more prestigious firm.
The investigator, working on your lawyer’s behalf, will find any additional evidence they feel can help you with your case. In the meantime, your attorney can also meet with the opposing counsel as many times as becomes necessary. They can represent your interests during those meetings. Essentially, they can hold your hand throughout the entire process.
How Long Might This Whole Process Take?
You can also ask your lawyer about the timeline they expect if you hire them. They may not know exactly how long the whole business might take, but they should have a ballpark estimate.
They can tell you what to expect and when to expect it. They will prep you for any meetings and court appearances and make sure you present yourself in the way that will benefit you the most.
Ultimately, the lawyer you choose should have mastery of the personal injury area of the law. If they don’t know this niche, or they’re new to practicing, then you will probably need to find someone who’s a better fit.
