Personal Injury attorney

[fcobarr]

What is the name of your state? NJ

I'm looking for advice on how to chooose a PI attorney. What questions can I ask to help in the screening process? Any other suggestions to help in this process is appreciated. Thanks.

 

[fairisfair]

referrals from someone who has been represented by them. Do you have friends or family who have used a personal injury attorney, were they satisfied, did they receive the type of settlement that they were hoping for (or that was at least fair) did they receive the attention that they felt their case warranted, etc. etc. I can't imagine how you would just open a phone book and start looking, I am sure others will advise as well.

 

[teflon_jones]

Have you contacted the insurance company about a claim already? How badly were you hurt?

Many times it's in your best interest to settle yourself since the personal injury attorney will take 1/3 or more.

 

[fairisfair]

Have you contacted the insurance company about a claim already? How badly were you hurt?

Many times it's in your best interest to settle yourself since the personal injury attorney will take 1/3 or more.

can you please tell us when it would be better not to use an attorney?

 

[ecmst12]

If the injuries are minor and the settlement is expected to be small, and the insurance company is not difficult to deal with.

 

[fairisfair]

If the injuries are minor and the settlement is expected to be small, and the insurance company is not difficult to deal with.

has that ever happened? J/k

 

[fcobarr]

Injuries as follows:

broken vertebrae in neck, lumber region and sachrum, laceration on head closed with staples, broken pelvis in two places requiring surgery with plates and screws for stabilization, broken wrist (ulna and radial broken) requiring surgery with external fixation. Trauma on the kidney with internal bleeding. Broken foot.

I don't consider these minor injuries.

 

[ecmst12]

Yup, you're definitely going to want a lawyer for a case like that! Even if only so you can concentrate on healing and not have to worry about all the paperwork

 

[fcobarr]

Now that we can agree that an attorney will be involved, I would like to get back to advice on choosing the right one. The goal is simple...to be represented by an attorney who isn't just interested in getting me to sign a contract so he can take 1/3 and convince me to rush settlement, but rather will work whole-heartidly in getting me the proper compensation and be aggressive with the insurance company. I don't mean to generalize, but as we all know, any sector of jobs have the good with the bad, and I need to be able to weed out the bad. Some firms focus on volume rather than quality and I prefer quality even if it takes longer. I don't mind paying for good results.

I've been told I can enter a claim for higher than the limit the insurance will pay and always negotiate down. Should I make sure any attorney is willing to do this before signing anything. Is it appropriate to discuss strategy and results/expectations with an attorney even without a signed contract to help in choosing someone? Or, are they reluctant to do that until a contract is signed?

What are some obvious signs to look for that would be a clear indicator to stay away from a certain attorney.

Thanks in advance for help/suggestions.

 

[You Are Guilty]

Injuries as follows:

broken vertebrae in neck, lumber region and sachrum, laceration on head closed with staples, broken pelvis in two places requiring surgery with plates and screws for stabilization, broken wrist (ulna and radial broken) requiring surgery with external fixation. Trauma on the kidney with internal bleeding. Broken foot.

I don't consider these minor injuries.

With a laundry list of injuries like that, I am rather surprised that you're not fighting your way through a gaggle of lawyers every time you step (roll?) out of your house. I'd be extra wary of any attorney who "perks up" after hearing about your injuries.

You can try calling your local Bar Association for a referral - while you can still end up with a stinker, at least you'll know that it's a well-trained stinker.

Good luck.

 

[ecmst12]

You can ask for more then the policy limits, but the insurance company will not pay anything more then policy limits. If the at-fault party has assets, you can pursue litigation against him/her personally, but if they do not have any assets, it probably will not be worth the cost of litigation because of the unlikelihood of collecting any judgement issued. Hopefully the policy limits will be sufficient to cover your injuries.

 

[fcobarr]

Any idea how an attorney comes up with a $$ amount when making a claim like this including punitive damages? Are we looking at <$10K, $50K, $100K, $250K+

Thanks again, I'm overwhelmed with everything and have a lot to learn.

 

[fairisfair]

Any idea how an attorney comes up with a $$ amount when making a claim like this including punitive damages? Are we looking at <$10K, $50K, $100K, $250K+

Thanks again, I'm overwhelmed with everything and have a lot to learn.

Have you tried posting your case to an attorney on this site?? use the large "burnt umber" (credit to Silverplum) bar that says post to an attorney. Some will send you canned responses but some may reply directly.

 

[You Are Guilty]

Any idea how an attorney comes up with a $$ amount when making a claim like this including punitive damages? Are we looking at <$10K, $50K, $100K, $250K+

Thanks again, I'm overwhelmed with everything and have a lot to learn.

Sure - prior cases, prior jury awards, prior appellate decisions, prior settlements, apportionment of culpability, general knowledge of injury valuation in your county... it goes on and on. (Why else do you think lawyers are able to negotiate higher settlements than laypeople?) For example, depending on any residual injuries you have, your case would likely be worth more than the $300k policy limits you spoke of. However, across the river in a more conservative jurisdiction, you might be looking at half that.

As far as punitives go, while you haven't stated how you were injured, it's very, very unlikely they would be awarded. Punitive damages are extremely rare and are probably upheld in 1% of cases.

 

[fcobarr]

Thanks for all the pointers and clarifications. I'll probably use the "post case to lawyer" button.

What is meant by residual injuries?

Thanks.