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In selecting an attorney for a personal injury or wrongful death matter, there are several questions that need to be considered and answered:
1. Does the attorney have particular knowledge and experience in handling cases involving your particular injuries?
Personal injury and wrongful death claims can involve complex medical issues that are outside of the normal practice of most attorneys. If the attorney does not have extensive knowledge and experience with your particular injuries, it is easy to overlook or miss key components of your injury.
2. Does the attorney have my best interest in mind when he is dealing with the opposing party's insurance carrier?
Some attorneys and law firms will take certain personal injury and wrongful death claims against a certain insurance carrier when they have or will represent other insurance carriers against personal injury and wrongful death claimants. An attorney or law firm cannot serve two masters. In one case, they cannot claim that a personal injury has a lot of value when in other cases of similar injuries they claim the injuries have little or no value when they are representing those insurance carriers.
3. Does the attorney or law firm have actual jury trial experience representing personal injury or wrongful death claims and, if so, how much and for how long?
Find out from the attorney or law firm what actual experience they have had representing victims of personal injury and wrongful death in jury trials. It is not enough that the attorney or law firm says that they have had jury trials in personal injury or wrongful death cases. That attorney or law firm may very well have been representing an insurance carrier against the victims of personal injury or wrongful death. It is not enough that the attorney or law firm have settled a number of personal injury or wrongful death claims. How would they know what a jury would do with a given case if they have had little or no experience in representing injured people in jury trials.
4. Does the attorney or law firm pressure the prospective client to retain that attorney or law firm at their initial meeting?
When selecting an attorney, it is important that the injured party have the opportunity to interview more than one attorney or to make their decision whether to retain an attorney or law firm at a later time away from the law office. Selecting a personal injury attorney is a serious matter that should be taken seriously. This means that you should be able to meet with several attorneys if you choose and to delay your decision to retain an attorney until you have given it considerable thought. In all cases, you should have the opportunity to check out the attorney, meet with the attorney to determine if you feel comfortable and can establish a rapport with the attorney, and make the decision to retain the attorney away from the attorney's law office.
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