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How to Interview a Personal Injury Lawyer

You’ve had an accident. Maybe a truck hit you as you were riding your motorcycle, and you suffered a catastrophic injury.  Maybe a dog bit you on your afternoon run, requiring stitches. Maybe you were at a Los Angeles Lakers game, and you tripped and slipped in the bathroom due to a puddle of liquid, breaking your arm. Maybe you went to the California Department of Motor Vehicles to renew your driver’s license, and you fell down a broken stairway, resulting in a broken ankle. Personal injuries happen to people every day. So, what are your rights when a personal injury happens to you?

In California, a personal injury is any harm caused to a person by the actions of another person, whether intentional or accidental. This includes physical, emotional, and psychological injuries. To prevail on a claim of personal injury, you must prove the following:

  • The other party had a duty of care to you
  • The party breached that duty
  • You suffered injury directly due to that breach
  • Your injuries are compensable

Essentially, you are proving that the other party was negligent. If you prevail in your case, you will be entitled to damages that compensate you for your injury. These damages may include:

  • Economic damages – These are usually pretty straightforward. They include your medical costs, rehabilitation costs, pharmaceuticals, and other medical expenses. Lost wages are also included in economic damages, as are other out-of-pocket expenses you’ve incurred related to the injury.
  • Non-economic damages – These are more difficult to calculate and include pain and suffering, emotional distress, loss of companionship, and similar damages.
  • Punitive damages – In certain particularly egregious cases, your attorney may seek punitive damages on your behalf. These types of damages are to prevent the defendant, or others like him or her, from engaging in the kinds of acts that injure you. In general, the behavior must have been intentional and extreme, such as driving under the influence of alcohol or drugs. 

Finding The Right Lawyer – The Questions to Ask

Most people are unsure as to how to go about finding and interviewing the right attorney for their case. In terms of finding the right attorney, it’s always a good idea to ask around for referrals. Your family, friends, and professional associates may have hired an attorney with whom they had a good experience. You can also check online resources, such as the local bar association. Once you have identified several attorneys, it’s important to interview them. Here are the kinds of questions that you should ask.

What Are Your Legal Credentials?

Right up front, it makes sense to ask where the attorney graduated from law school, what courts he or she may practice in, and what legal associations the attorney belongs to. 

What Are Your Practice Areas?

Ideally, you should hire an attorney who has experience in cases that are like yours. So, in a personal injury matter, you want to be sure that the attorney has handled personal injury cases. An attorney experienced in personal injury cases will understand the current California case law, and will also likely have experience negotiating with insurance carriers. 

What Is Your Track Record?

It’s important to ask the attorney about his track record in handling cases like yours. Has he obtained substantial settlements or jury verdicts? You might also ask for a referral to one of the attorney’s clients for whom he obtained a positive outcome.

What Are The Strengths and Weaknesses of My Case?

Before you meet with a lawyer, he or she should have reviewed the facts and circumstances of your case, if only briefly. If your lawyer says that he believes you have a strong case, you should ask why he thinks so. Similarly, it’s important to understand where your lawyer thinks you may have some weaknesses. If the lawyer is going to handle your case on a contingency basis, as most personal injury lawyers do, he or she will likely not take your case unless it has merit. 

What Are Your Fees?

It’s important to ask about how your attorney will be paid to handle your case. Most attorneys who practice personal injury law charge on a contingency basis. This means that they will be paid out of the proceeds of your settlement or your jury award. Normally, the fee is one-third to 40% of the proceeds. Working on a contingency basis allows many plaintiffs who could not otherwise afford to bring a lawsuit to pursue justice. In contingency cases, costs for securing expert witnesses, court filing fees, and other costs are often paid by the attorney and then taken out of the settlement or litigation proceeds. However, this isn’t always the case. Different law firms have different ways of handling things. It’s important to read the contingency agreement between you and your attorney very carefully before you sign so you understand all of the details that will govern your relationship.

How Many Cases Are You Currently Handling?

You want to be sure that the attorney you hire has time to devote to your case. Case preparation is extremely intense, requiring interviewing witnesses, conducting depositions, writing interrogatories, conducting legal research, and many other tasks. While having a busy legal practice can be a sign of a well-regarded attorney,  you want to ensure your case gets the attention it needs. 

Contact a Santa Ana Personal Injury Lawyer

It’s important to remember that California has a two–year statute of limitations for personal injury cases. This means that, in most cases, you must bring your case within two years of your injury. There are some exceptions to this, including for minor children. So don’t delay in interviewing a Santa Ana personal injury attorney if you feel you have suffered an injury due to the negligence of another party. 

Here at the Law Offices of Benjamin Arsenian, we have extensive experience in handling personal injury cases. We are dedicated and knowledgeable, and we care about our clients. Contact us for a consultation today.