Everything you need to know before hiring a personal injury lawyer.
With a contingency fee arrangement, you pay nothing upfront. Your attorney receives a percentage — typically 33%–40% — of the final settlement or court award. If you don't win, you owe nothing for attorney fees, though you may still owe case costs.
Simple cases with clear liability can settle in 3–6 months. Cases requiring litigation typically take 1–3 years. Cases involving severe or permanent injuries often take longer because you should reach maximum medical improvement before settling.
Case value depends on medical expenses, lost wages, future care needs, pain and suffering, and comparative fault. An attorney can give you a realistic range after reviewing your medical records and the facts of the accident.
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Find a ContractorMost states follow comparative negligence rules. If you were 20% at fault, your award is reduced by 20%. A few states use contributory negligence, which bars recovery if you were any percent at fault — knowing your state's rule matters.
No. Insurance adjusters are trained to minimize payouts. Even seemingly innocent statements can be used to reduce your claim. Retain an attorney before giving any recorded statement.
Preserve photos of the scene, your injuries, and property damage; witness names and contact information; the police or incident report; all medical records and bills; and any communications with insurance companies. Document your pain and limitations in a daily journal.
Yes, though gaps in treatment create challenges. Insurers argue that delayed treatment means injuries were not serious. If you delayed due to cost or uncertainty, document your reasons. An attorney can often overcome this hurdle.
Economic damages include medical bills, lost wages, future medical costs, and property damage. Non-economic damages include pain and suffering, emotional distress, and loss of enjoyment of life. In cases of egregious misconduct, punitive damages may also be available.
The vast majority — over 95% — settle before trial. However, your attorney's willingness to take a case to trial is a powerful negotiating tool. Insurers offer better settlements to attorneys with strong trial records.
Look for an attorney with experience in your specific type of case, a track record of significant verdicts and settlements, genuine client reviews, and a manageable caseload. Schedule consultations with at least two or three attorneys before deciding.