1.) How do I choose the best attorney?There are a few things that you can ask an attorney during your first meeting that will let you quickly determine whether he or she is truly qualified to handle your case.
Many people hesitate to ask professionals about their qualifications. Some people fear that they may appear rude if they ask qualifying questions. Don't think this way. You need to know if an attorney can handle your case and respond efficiently to the many complex demands of a personal injury case. An attorney in general practice, or one who specializes in real estate or family law, may be an outstanding legal professional, but he probably is not the best qualified attorney to handle your personal injury case.
Think of it this way: if you needed your tonsils removed, would you go to a foot doctor? Hire an attorney that devotes his or her practice 100% to personal injury cases.
2.) When hiring a personal injury attorney ask:
- Where did you get your law degree?
- Did you work in any other field before entering the practice of law?
- How long have you been practicing law?
- How long have you practiced law in the State of Washington?
- Do you specialize in certain areas of the law and do you regularly handle personal injury cases?
- How much trial experience do you have?
- How many offices does your firm have?
- How big is your support staff?
- How easy will it be for me to get in touch with you once I hire you?
Remember, you should hire an attorney you feel comfortable with since you likely will be working together for months, or maybe even years. You and your attorney need to form a winning partnership, and that can only be done through open communication, trust and having an experienced and dedicated attorney.
3.) How do I pay attorneys' fees and costs?Personal injury attorneys charge for their legal services on a contingency basis. This means that the attorney takes a certain percentage (usually between one-third before litigation or 40% after litigation starts) of the total settlement proceeds. If you do not win a settlement or jury verdict, the attorney does not charge a fee. Attorneys are willing to take this risk because if they do their job right and negotiate effectively, they almost certainly will be paid for their efforts.
Every attorney charges for the miscellaneous costs that are incurred for handling your case. These costs may include charges for photocopying, deliveries, medical records, medical reports, depositions, postage, court costs and filing fees, jury fees, etc. Costs are generally advanced by the attorney and paid at the time your case settles. Costs are subtracted after fees are paid.
4.) Do I have a case?This answer depends on the facts of your case, the evidence available, what the witnesses will say, and the nature and extent of your injuries and damages. Our attorneys have over 28 years experience in personal injury law in the State of Washington. If you would like us to evaluate your case, call us or go to the "contact us" page and send us an e-mail.
5.) What will my attorney do after I hire him or her?The goal of a good attorney should be to remove from you the stress of dealing with the investigation, presentation, negotiation and fair resolution of your personal injury claims. You have a big enough job to recover physically and emotionally from your injuries caused by a wrongdoer. A good attorney has the experience, training and qualified staff to immediately take the steps needed to relieve your stress and make sure that you are able to hold the wrongdoers accountable through the legal system.
Immediately after you retain our firm, we send letters to all insurance companies involved advising them that all contact with you is through our office. We talk to your healthcare providers to make sure your medical bills are processed and paid by any available insurance. We also immediately take steps to preserve evidence in your case, including testimony from potential witnesses.
Once we have collected all the evidence on your case, and once you have completed your medical treatment at the advice of your healthcare providers, we will usually draft a comprehensive "settlement demand package" that will be presented to the wrongdoer's insurance carrier. The demand is a comprehensive summary of the facts, evidence, applicable law and damages in your case. The demand starts the settlement negotiation process. A well-prepared and detailed demand package is important because more than eighty percent of cases settle without the need for filing of a lawsuit. Some cases cannot be fairly resolved even with a well-drafted settlement demand. A good attorney will then be ready to file a lawsuit and present your case and hold the wrongdoer accountable in court.
6.) How long will it take before my case will be done?This depends on many factors. First and foremost, it depends on where you are with your physical and emotional recovery from any injuries suffered in a personal injury case. Once your case is settled, you cannot go back and ask for more from the wrongdoer. A good attorney will make sure you get appropriate medical care to get back to your pre-injury health as soon as possible. Once you have completed all medical care and followed your healthcare providers' instructions, an attorney can move forward and try to reach a fair and just resolution to your claims. It can take anywhere from six months to several years to finish your medical care, depending on the nature and extent of the injuries. Each case is different, and every injured victim heals on a different timeline. A good attorney will be ready to move a case quickly and fairly to a just and fair result once his or her client has finished medical treatment.
7.) What if a lawsuit has to be filed?Sometimes a lawsuit will need to be filed because the statute of limitations (the time period in which you have to sue) is approaching, or the wrongdoer's insurance company is not offering a fair and reasonable resolution to your claims. It generally takes about fifteen to eighteen months from the time of filing a lawsuit to get a trial date, depending on the county where suit is filed, and the court's schedule.
There are many steps to a case where a lawsuit has been filed. It starts with the filing of the Complaint, or lawsuit, against the wrongdoers (defendants) with the appropriate court. The Complaint summarizes the injured victim's (plaintiff's) claims. The defendants are required to file a written Answer to the Complaint.
The next step of the case is called "discovery." This means that each side follows certain procedures and rules established by the courts to collect information about each other. Each side generally serves the other with written questions (interrogatories) and schedules time to take testimony under oath (a deposition) from all parties and witnesses.
Once discovery is completed, the case is generally ready for trial, where it can be presented to a jury. owever, prior to trial, the parties generally agree to discuss settlement of the case for a reasonable amount. Parties will often agree to present the case to a neutral third party (mediation), and have that third party act as an intermediary to reach a fair and just resolution to the case. A good attorney promotes alternatives for resolving disputes before trial.
If a case cannot be settled, then it will go before a jury. Depending on the court, juries can be composed of either six or twelve persons. A trial can last a few days or a few weeks, depending on the nature and complexity of the case and issues presented.
CALL THE ATTORNEYS AT GRAHAM LUNDBERG & PESCHEL: In the North Puget Sound, which includes Seattle, and King, Snohomish, Island, Skagit and Whatcom Counties at:
1-800-422-4610In the South Puget Sound, which includes Tacoma, Port Orchard and Pierce, Thurston, Kitsap, Mason and Lewis Counties at:
1-800-273-5005 |