4 useful blog posts about personal injury

Most of the blog posts we publish at Nelson Law Group, PC cover a variety of family law topics. But we are also experienced personal injury lawyers who are always here to explain your rights and defend you when it matters most.

Why is having a personal injury lawyer in your corner important? When you are injured in an accident – automobile accidents, injuries that occur on property owned by someone else, or someone else’s actions – you must deal with the physical pain and the impact the injuries have on your ability to work, care for your children, and attend to your daily activities. Cases that seem simple rarely are, and you need a lawyer who can offer you an honest assessment that helps you make the best choices for your case.

If you have been injured in an accident and feel someone else is at fault, contact us today. In the meantime, we are proud to say our library of blog posts on personal injury is as comprehensive as it gets and is worth taking a look at before sitting down with one of our team members.

Below is a roundup of 4 useful blog posts about personal injury:

Victim Of A Hit And Run Accident? Here Is What You Should Do

Being a victim of a hit and run accident can be a traumatic and frustrating experience. Mishaps like these, apart from injuring you, also leave you feeling confused and angry. So, instead of finding yourself confused and helpless in such a situation, here are a few tips on what to do when you are involved in a hit and run accident.

Injured At Work? Claim For The Injury In The Right Way

Claiming a personal injury can prove to be very tricky when you have been injured at work. Before making a claim, understand that workers are not only entitled to a workers’ compensation. There are exceptions to this rule where personal injury claims apply. To know where you fall, keep reading this blog post.

Questions To Ask Your Personal Injury Lawyer

This blog post is great for those clients who are the victim in a potential personal injury claim. Review this to make sure they have chosen the right attorney for their case. Before you proceed, you may want to ask about the following.

How Your Personal Injury Claim Is Evaluated By Lawyers

When you apply for a personal injury claim, the evaluation of the claim depends on two factors. The first is the experience and evaluation of the situation by your PI attorney.  The second is the way insurance companies evaluate claims using computer programs. The initial step in the process of personal injury evaluation is getting the facts and detailed description of the incident from the victim. An injury claim is often a lengthy process; the attorney must evaluate the client’s case to check if its good fit for the firm.

The Lawyer-Client Relationship in Personal Injury Cases

Personal injury lawyers are civil litigators who represent clients, often referred to as plaintiffs, who are alleging physical or psychological injury as a result of negligence or careless acts by another person, company, organization or government entity.

Understanding the Lawyer-Client Relationship - McKenzie Lake Lawyers LLP

Personal injury law is a broad term that encompasses a number of different situations where a victim has endured physical or psychological damage.  The types of cases that personal injury lawyers typically handle fall within the area of tort law that include slip and fall accidents, motor vehicle accidents, flawed products, and other recreational accidents or accidents that result in serious personal injuries.

The role of a personal injury lawyer is to act on behalf of their injured client to negotiate fair compensation for damages sustained during an incident.

Lawyers who practice personal injury law help their clients obtain compensation for losses incurred, such as loss of income, loss of capacity to earn, inability to perform activities of daily living, pain and suffering, loss of companionship, emotional distress and legal costs.

Individuals that seek advice or representation from a lawyer should be aware that the lawyer is bound by strict standards of professional and ethical responsibility.  In Alberta, lawyers are governed by the Law Society of Alberta and the Code of Conduct sets out the lawyer’s obligations to their clients, courts, counsel and to the public.



Lawyers are under a ‘fiduciary duty’ to their clients.  Lawyers owe a duty of good faith and must act honourably.  It is a lawyer’s predominant duty to perform legal services on behalf of his/her client to the standard of a competent lawyer.  A client is entitled to expect that his/her lawyer has the ability and the capacity to deal with legal matters.

Lawyers have a fiduciary obligation to their clients and must act honestly and be candid at all times.  Lawyers must also act in good faith to advance their client’s best interests.  A lawyer is obligated to take all actions and give advice that will benefit their client and must use professional skill to protect their client’s best interests.


One of the most important principles of the lawyer-client relationship is the right to have your private communications with your lawyer protected by solicitor-client privilege.  Your lawyer can’t reveal any information that you disclose in confidence, unless you give your express permission.  However, this privilege does not apply to communications for the purpose of committing a crime or an act of fraud.

The duty of confidentiality allows clients to participate in honest and frank communication with their lawyers.  This, in turn, allows lawyers to provide their clients with the most effective representation, equipped with all of the relevant facts.

In order to claim solicitor-client privilege, three pre-conditions must be met.  The communication must be:

  • Between the lawyer and the client;
  • For the sole purpose of seeking or giving legal advice; and
  • Intended to be confidential by the parties.


Lawyers also have a duty not to act or continue to act for a client where a conflict of interest exists.  A conflict of interest may occur where there is a risk that a lawyer’s representation of a client will be adversely affected by the lawyer’s own interest or his/her duty to another client or third parties.

For example, a conflict of interest may arise where a lawyer is asked to represent a client in a matter where the lawyer has a personal stake in the outcome.  Another example is where a lawyer is asked to act for a client in a case against a former client.  In these situations, the duty to avoid conflicts of interest requires that the lawyer refuse to act in these circumstances.


How to Destroy Attorney-Client Privilege Without Really Trying -  ColoradoBiz Magazine

In general, there are a variety of ways that you as a client can establish the most effective relationship with your lawyer.  These include the following:

  • Be truthful with your lawyer;
  • Preserve all evidence including photographs and videos;
  • Be cooperative and respond to requests for information by your legal team in a timely manner;
  • Always keep your lawyer informed of any changes in your medical condition or if new evidence becomes available as time progresses;
  • Attend meetings and legal proceedings, such as discoveries or mediation, advised by your lawyer and be punctual, and if you cannot attend a meeting let your lawyer know as soon as possible; and
  • Be considerate and polite with your lawyer and the entire legal team.

Hiring a lawyer is one of the most important decisions you make following your accident and the quality of legal representation you receive can have a major impact on your recovery.

If you or a loved one have suffered serious personal injuries as a result of the negligence or carelessness of a third party, it is important to have an experienced personal injury lawyer by your side.  The professionals at our service are very familiar with how personal injuries can negatively impact one’s life and we want to help you during this difficult time by advocating on your behalf.  Call our office for a free initial consultation to determine how we can help you with your personal injury claim.

11 Things Everyone Should Know About Personal Injury Lawsuits

The truth is; after a car accident, the last thing you want to do is focus on all the details in a long, drawn-out court case. You already have enough on your mind without having to worry about keeping track of insurance companies, doctors’ visits, and lost time at work. It’s just too much to handle! That’s precisely why so many people who experience injuries in car accidents contact a personal injury law firm.

With that in mind, below we have explained the 11 most important things everyone should know about personal injury lawsuits. Even if you decide not to work with a personal injury lawyer, we hope you keep these tips in mind. Following these 11 rules could make a huge difference in the outcome of your case.



1 – You Have a Limited Time to File a Lawsuit


The statute of limitations exists in every U.S. state to limit the period of time a victim or the state has to bring legal action against a defendant. The time limit varies from state to state and varies based on the alleged crime committed.

Florida Statute § 95.11(3)(a) sets the personal injury statute of limitations at four years from the date the accident occurred.

Tennessee Code TN Code § 28-3-104 (2015) sets the personal injury statute of limitations at one year from the date the accident occurred.

Be sure to follow the letter of the law and file your personal injury lawsuit sooner rather than later. Once that time is elapsed, you will likely have no recourse and no ability to file a lawsuit.

2 – The Sooner You Call A Lawyer the Better


Talking too much to insurance companies or some members of law enforcement can change the outcome of your case. Even if you are the victim, you could misspeak and decrease the chances of receiving the settlement you deserve. This happens more often than you may think!

Our advice is to call a lawyer and get legal counsel as soon as possible. Don’t sign anything or agree to any recorded conversations with any third parties until you have discussed it with your personal injury lawyer.

3 – Seek Medical Attention


You don’t have to wait until you have spoken to a lawyer to get medical attention, you can go out and seek medical attention as soon as possible. You may need to seek out medical attention before any of your physical injuries get any worse.

In many cases, you will be reimbursed for all medical costs by the negligent driver’s insurance company. Be sure to keep all documentation and every single receipt.  The most important thing is to focus on your health. Personal property can be replaced, but your health must be attended to immediately.

4 – Look for Personal Injury Lawyers Who Offer A “No Fee Guarantee”


Most personal injury lawyers work on a contingency fee basis which means you only pay if you win your case. The lawyer’s fee will be paid directly from your settlement amount. You pay nothing out of pocket. These contingency personal injury law firms are quite common and you can find them with a simple search online. Ask the firm if they work on a contingency basis.

In these cases, the law firm will determine if your case has a chance of success.

5 – Statistically, Those Who Hire Lawyers Are Awarded Larger Settlements


Studies have shown that, in general, those who hire personal injury lawyers receive larger settlements. The studies suggest that victims who hire an attorney will receive a settlement that is typically 3.5X larger than those who do not.

Additionally, roughly 85% of settlements that insurance companies send out, are to victims who have hired a personal injury attorney.

6 – Pain & Suffering Covers a Broad Spectrum of Things


This is not just about the car, or about your medical bills. Pain and suffering include mental distress suffered as a result of the accident as well as other life-altering changes that resulted from the accident. Pain and suffering are determined by the following formula: “Pain and suffering are usually calculated using the total medical bills multiplied by the severity of subjective distress which is decided on a scale of 1 to 5.”

Personal injury lawsuit settlement amounts can and will vary. Though most personal injury cases follow a somewhat defined formula, each individual case is unique. There is no way to know how much you should sue for personal injury, but your personal injury attorney can help you navigate those questions.

7 – You Have to Follow Instructions Carefully


Follow instructions from your doctor and your lawyer. All medical advice, rehabilitation exercises and, restrictions must be adhered to while the case is ongoing.

Additionally, be sure to follow all medical advice after the case over. You cannot ask for more money for further injuries after a case has already been settled. So follow your doctor’s advice and heal up correctly.

Always check with your lawyer before signing anything related to the case and be sure to follow your lawyer’s advice and guidance carefully as well.

8 – Keep All Your Documentation


You will receive lots of physical documents and receipts as well as lots of emails and electronic documents. It’s important that you keep track of them all.

This can be tough, especially over prolonged periods of time. Trying to locate a receipt 6 months later can be very difficult if you do not create a reliable filing system.

  • Physical Documents & Receipts: head down to your local stationery store, or shop online for a file folder that you can use exclusively for keeping physical documents. Get in the habit of placing all documents in this folder as soon as you get home. Keep it in a safe place!
  • Electronic Documents & Emails: Create a virtual file folder in your email account (all email accounts have this option!). Create a file labeled “lawsuit” and be sure to drag and drop/move all your emails and electronic confirmations into that folder for easy access later.

It takes you two minutes to ensure that all files are stored correctly when you receive them, and this habit will save you hours and possible headaches in the future when you can access all those documents at the drop of a hat.

9 – You Have to Represent the Issues Correctly


Avoid social media and posting photos or updates that downplay your injury. It will be held against you. Avoid minimizing your issues. If you are in pain, you must speak up. You should not feel ashamed of getting the compensation that you deserve.

It’s important to remember that pain and suffering are considered when determining the settlement amount you may be awarded.

To determine how much you should get for pain and suffering, courts will rate your distress on a scale from 1 – 5. Therefore, if you minimize your rating, you will be entitled to less. Do not let your shame prevent you from collecting a settlement that is rightfully yours.

10 – Personal Injury Cases Can Take Time to Settle


When clients ask how personal injury settlements are paid out, we can tell them that most cases are settled out of court. Though, both our Tampa personal injury attorneys, our West Palm Beach personal injury attorneys, and our Nashville personal injuries attorneys are not afraid to take a case to court to get the full amount if we know we can get what our client deserves. And that’s the difference between Steinger, Greene & Feiner as compared to our personal injury attorneys.

Personal injury settlement checks arrive anywhere from four to six weeks after the case is settled. Though this is the average. Speak with your attorney to understand exactly how long it will take to receive your check.

11 – Stay Motivated


Keep a positive attitude and stay motivated throughout the lawsuit process and trial if you reach that stage. Remember to focus on your health and above follow the instructions of your lawyer and doctor.

Reach out to friends and family and be sure to keep your employer in the loop if you feel comfortable sharing or if you have been told to by your lawyer or doctor. The trick is to stay the course and believe in your legal representation.

If you or someone you love has suffered a workplace injury, a slip and fall injury, or a car accident injury, reach out to an attorney who can guide you through this process and make you whole again.


Personal Injury Lawyer What to Look For & Is One Needed? · Napoli Shkolnik

Personal injury lawyers are civil litigators who represent clients – commonly referred to as plaintiffs – alleging psychological or physical injury as result of negligence or careless acts by another person, company, entity, government agency or organization. Personal injury lawyers practice in an area known as tort law. This area of law specializes in civic or private wrongs or injuries, monetary or nonmonetary damages. This includes defamation and actions of bad faith or breach of contract to a person’s reputation, rights or property.

Although personal injury lawyers are armed with licenses to practice in all facets of law, they usually handle cases falling within tort law, such as work injuries, flawed products, accidents caused by slips and falls, road accidents and other related accidents. Personal injury lawyers help their clients secure compensation for losses incurred. These losses include the loss of capacity to earn, inability to perform normal duties, suffering, and pain. They also include expenses that may arise, the loss of companionship, legal costs, emotional distress and attorney fees.

The attorney will ensure clients are safe from being victimized by companies that offer insurance and the established legal system. Personal injury lawyers are often referred to as trial lawyers, although most of their cases are settled before going for a full trial.

What are the duties of a personal injury lawyer?

Personal injury lawyers have many duties in aiding their clients. These duties include both ethical and professional codes of conduct and rules provided for by the associations that license the lawyers. Once the state bar association licenses them to practice law, the lawyers can file complaints in court, argue cases, prepare legal documents and offer professional legal advice to plaintiffs of personal injury.

Personal injury lawyers have the sole responsibility for talking to and interviewing clients and assessing their cases. They further identify the pertinent issues within the client’s case, and thereafter conduct research to build a solid case. The most important professional mandate of a personal injury lawyer is to help clients obtain the compensation and justice they deserve after undergoing losses and suffering. This is done through client counseling, advocacy, legal advice and oral arguments. The case normally heads for trial when both parties fail to reach an amicable settlement.

Personal injury lawyers are expected to follow strict set principles of legal ethics when executing their mandate with clients. While the specified guidelines vary from state to state, each lawyer is expected to evaluate legal issues while exercising due diligence in any legal matter commenced. They owe plaintiffs the onus of confidentiality and allegiance as they work to protect their client’s best interests and not their own.

What are the credentials of a personal injury lawyer?

Is It Worth It To Hire A Personal Injury Lawyer In Illinois? | Willens  Injury Law Offices

To successfully practice personal injury law, passing a written bar exam is mandatory in addition to a written ethics exam. These examinations vary from state to state. The majority of states require applicants to have a college degree and a law degree from an institution that is accredited. Non-accredited law schools have minimum set requirements before they are permitted to offer these courses.

As a prerequisite, most states require a Multistate Bar Examination (MBE), a Multistate Essay Examination, a Multistate Expert Responsibility Exam and a set state bar exam as a prerequisite. Other states incorporate a Multistate Performance Test as well.

Once qualified and admitted to the bar, they are required to keep abreast with the current development in their fields by continually taking legal education courses. These courses are designed to ensure that personal injury lawyers remain updated in law-related developments, with the number of required hours varying from state to state.

Personal injury lawyers tend to concentrate on specific areas of law. By specializing, they are able to amass the required knowledge and experience to take them to the top of their field. There is a special certification program that personal injury lawyers must complete before they are referred to as specialists. The American Bar Association is responsible for this certification. Although individual states regulate their own lawyers, they still adhere to rules of professional responsibility as stated in the United States Constitution.

These certification programs come with set standards of knowledge, competence and experience that must be attained before personal injury lawyers are called specialists.

Once personal injury lawyers pass the bar exam and are licensed, they can deviate to any specialty within the law profession. However, legal ethics demand that inexperienced lawyers should not represent a client without first enlisting help or learning the issue at hand. To provide the highest quality representation for their clients, most lawyers prefer sticking to a particular area of law, thereby dedicating all of their resources to this area. Within personal injury, a lawyer has a massive number of possible claims. These include accidents, product liability, medical malpractice, wrongful death, workplace injury and more. Some lawyers choose to go further and devote all of their energy and time to a single area of litigation in the personal injury law field, becoming very thorough and experienced at arguing specific types of cases such as work accidents, aviation accidents or medical mistakes.

What is the career makeup of a personal injury lawyer?

Personal injury lawyers are free to start private practice by themselves, join a midsize firm or opt for a large firm as an associate. They are also free to partner. The ones who enter private practice offer more individualized advantages to clients. These practitioners usually take on smaller cases and charge lower fees. In terms of numbers, small law firms usually have two to ten lawyers, midsized law firms have ten to fifty. Big law firms often have more than 50 lawyers.

How is a personal injury lawyers usually compensated?

10 Best Personal Injury Lawyers In Florida | Florin|Roebig

Professional fees are based on a number of factors, including energy, time, outcome, difficulty, prominence, the experience of the lawyer, and the associated costs of the case. A lawyer may offer the plaintiff a number of payment options, including contingency fees, flat fees, hourly rates and retainers. The most common option is the contingency fee. This protects the client because payment is pegged on the success of the case. Here the lawyer receives a percentage of the awarded amount after a successful trial or settlement. The average mark is 30 percent of the awarded amount. An hourly charge is also a common option. This is where the plaintiff pays for every hour the lawyer represents them. A flat fee option is also available. A flat fee is paid prior to the commencement of the trial. Lastly, some options combine all or more than one of the above options.


Personal injury claims may have some similarities, but each one is unique, making it difficult to determine exactly how long it will take to settle a claim without first knowing specifics. Some personal injury claims are settled quickly, perhaps within a few months. Others, particularly those involving serious or catastrophic personal injury, can take several years to settle.

When you are injured in an accident, it is best to speak with an attorney before you accept a settlement offer from an insurance company. While expediency may be a driving factor for you, insurance companies are driven by something else entirely: if they can get you to accept an offer before you talk to an attorney, you will have waived your ability to seek additional compensation. This often results in victims struggling for support long after the settlement has been used up.


When you sustain a serious injury, there are several steps that will need to be taken to ensure you are not cheated out of the full compensation your injury demands. Insurance companies will not pay more than a policy’s limit, even in cases where that limit is clearly inadequate. For example, if your injury has resulted in $100,000 in medical expenses, but the party responsible for your injury has a policy limit of $50,000, the insurance company will offer $50,000 maximum. Once the insurer’s liability has been met, they are under no obligation to pay more, regardless of the actual damages you are facing – and even in these cases, the maximum payout will only be awarded if the other party is clearly liable.

Establishing liability is the job of a personal injury lawyer.

Establishing Liability

In order to establish liability, an investigation may be necessary. Your personal injury lawyer may need to work with an accident reconstructionist, medical professionals, and other experts to determine exactly how an accident occurred, who is at fault, and what kinds of damages can be expected in the long term. This process can take several months, but is essential for determining what your personal injury claim is worth.

Damages in a personal injury claim may include:

  • Current and projected medical and rehabilitation costs
  • Current and projected future lost wages
  • Home modifications and adaptive technologies (wheelchair, prosthetics, etc.)
  • Costs related to permanent/irreversible consequences (paralysis, loss of a limb, etc.)
  • Property damage
  • Any other expense related to your accident and injury

Personal injury claims often seek compensation for pain and suffering as well. Pain and suffering will not be considered in initial insurance settlement offers.


Winning Your Personal Injury Claim: 6 Tips from Our Personal Injury Attorneys

Winning Your Personal Injury Claim: 6 Tips from Our Personal Injury Attorneys

Knowing how to win your personal injury claim will not only help you ensure your rights to compensation are protected but also help you get the full compensation you deserve so you have the financial resources to continue your recovery. While it seems like the process should be straightforward, after all, you were injured and the liable party should compensate you, protecting your rights can be a complex task. Here’s how to get a settlement case started the right way and give yourself the best chance to win in or out of court.

  1. Understand The Three Pillars Of A Personal Injury Case

When you build a personal injury claim to seek compensation, you need to stay focused and organized. Building a case that supports the three criteria for proving your right to compensation is how to win your personal injury claim. The three factors you need to be able to prove are:

  • You were injured.
  • The injury was a direct result of action or inaction taken by the defendant.
  • The defendant had a responsibility to act in a way that would have prevented the injury but failed to do so.

As you gather your evidence, it should support one or more of these points. Once they’re proven, then the court will look at the extent of the damages done to you, but without these three criteria being met, your claim will not be successful.

  • Get Help From An Experienced Personal Injury Attorney

Personal Injury Lawyer who has a track record of courtroom success can help you understand how to win your personal injury claim and get the settlement you need. The earlier you get your lawyer involved, the better it can be for your case. The defendant, their insurance company, or a representative may try to get you to issue a statement immediately after the injury or try to pressure you into accepting a settlement which is far less than what you’re owed.

Your attorney will explain the process of moving forward with a claim, how to win a personal injury settlement, and your options for protecting your case while you recover. They’ll advise you on your rights, speak to and negotiate with the defendant on your behalf, and fight for you in court if your case goes to trial. Making sure you have experienced legal representation can be a deciding factor in the success of and personal injury lawsuit.

  • Don’t Wait To Get Medical Treatment

Even if you don’t think your injuries are serious, being seen by a medical professional is more than just your right, it’s also a smart move. Being checked out can help spot injuries you may not feel immediately after an accident due to confusion or adrenaline. It also provides documentation, which is part of how to win your personal injury claim. If you are injured, the medical visit provides early evidence that links health complications to the accident.

As your immediate medical needs are satisfied and you move to a phase of treatment centered around recovery and recuperation, you have a responsibility to work toward improvement, and this includes seeking the appropriate continuing care. This continuing care also provides ongoing evidence of the injury, its continued cost in time and money, and the ongoing effect it has on your life post-accident.

  • Collect Your Own Documentation

While medical bills offer a clear representation of the money you’re being charged for treatment, that is often not the full extent of the damage you’ll deal with. Make sure to keep track of lost wages for the time spent at medical visits or recovering, transportation costs, and other charges which you would not have incurred without the injury. In addition, You’ll want to make a record of how any pain or suffering has affected your quality of life.

Pain and suffering can be hard to quantify because it doesn’t come with an easy, objective statement. It is incredibly personal and every individual experiences it differently. How to win a personal injury claim with pain and suffering damages is to be able to show documentation of your experience. This includes journals, diaries, photos, or videos that capture the effects of your injury or that show the difference between your lifestyle before and after the injury occurred. This can also include statements from friends and a look at extemporaneous accounts, such as those which may be found on social media, of your experiences or those of the people close to you.

  • Be Careful What You Say

Speaking of social media, it can be incredibly important or incredibly damaging to your case. Just as with seemingly innocent statements immediately after the accident, such as, “I’m okay,” or, “I should have been more careful,” social media posts can be used by the defendant against you in a court.

Make sure you aren’t making statements that could imply you are healthier than you are. Avoid disclosing communication between yourself and your lawyer or any proposed legal strategy. You are absolutely free to express yourself online or in-person however you see fit, but consider how it might be perceived by a judge or jury before you do so.

  • Let The Personal Injury Claims Process Work

In many instances, patience is how to win a settlement that is the best fit for your situation. The personal injury claim process can take months to complete, and during that time negotiations will likely include a range of offers and counteroffers.

It may be tempting to take a fast settlement, but that may not be the best choice for you in the long run. Your lawyer will fight for your rights and can help you understand the facts surrounding any communication or offer you receive so you can make the best decision for your needs.

Get a Free Consultation With a Personal Injury Lawyer Today

A free initial consultation is the first step toward pursuing your rights to fair compensation following a personal injury. Your personal injury attorney will work to understand the specifics of the case, set the expectations about the personal injury lawsuit process, and help you understand the next steps. Let us make your case our cause. Contact Personal Injury Lawyers for experienced legal representation that knows how to win your personal injury claim today.

Questions You Need to Ask Before Hiring an Injury Lawyer

Finding the “right” lawyer to represent you is often the most critical factor in a successful recovery.

Insurance companies have the financial resources to hire skilled lawyers who specialize in defending personal injury claims. The experience and skills of your lawyer will play a pivotal role in the amount of compensation you receive.

Most injury victims do not know that the best, most successful personal injury attorneys in your community charge fees that are the same as inexperienced lawyers who have no track record of success in the courtroom.

Don’t make the mistake of choosing a personal injury lawyer from ads alone. There are unscrupulous lawyers who will settle your case quickly for whatever the insurance company will offer because these firms work on a “high volume” and “quick turnover” basis. Every community has a number of personal injury “wannabe” lawyers who would like to grab your case and settle it quickly for low dollars for you (but a high return for the lawyer’s time investment).

So how do you find a good lawyer for a serious personal injury lawsuit?

Like most important decisions, you need to do some “homework” on the lawyers in your community. When you decide to meet with an attorney to discuss your case, you need to ask the right questions to find out if the attorney has a proven track record of success.

The purpose of this free report is to provide you with insights that most injury victims never bother to learn about lawyers who handle personal injury claims. If you follow the advice contained in this report, it may make the difference between winning your case or going home with nothing or significantly less than your case is worth.


1. There are sources that rate personal injury lawyers based on what their colleagues say about them.

How do you find a top-notch lawyer for a serious personal injury case? There are resources you can check before deciding which lawyer to schedule a consultation with. One of the most reliable ways to research a lawyer’s qualifications is to check sources that rate personal injury lawyer reviews based on what their fellow lawyers (and their competitors) say about them. Please understand that there is no other official “rating” system for personal injury lawyers besides peer review by other lawyers. Here are the peer review rating systems that you should check out:

  • The Martindale-Hubbell Bar Registry (www.martindale.com) has peer review ratings of more than 1 million lawyers across the country. It publishes short biographies of these lawyers. For over 130 years, Martindale-Hubbell has been the most respected source of authoritative and reliable information about members of the legal community in the United States. An “AV” rating identifies a lawyer and a firm with a very high to preeminent legal ability and is the highest reflection of expertise, experience, and integrity and overall professional excellence. Martindale-Hubbell ratings are established by attorneys for attorneys and it states: “clearly indicates a demonstration of the highest professional and ethical standards.”
  • The Best Lawyers in America. (www.bestlawyers.com) The lawyers listed in Best Lawyers been selected by their peers as “the best” in 57 specialties, including personal injury and medical malpractice law.
  • Superlawyers. www.superlawyers.comSuper Lawyers is an annual listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. Law & Politics performs the polling, research, and selection of Super Lawyers in a process designed to identify lawyers who have attained a high degree of peer recognition and professional achievement. Only five percent (5%) of the lawyers in each state are named Super Lawyers.

2. Ask the lawyer, “What percentage of your cases are referrals from other lawyers”?

If you want to know who the top-notch personal injury lawyers are in your community, ask the lawyers who practice there. It’s important to find out whether a significant percentage of a lawyer’s caseload comes from referrals from other lawyers. In any field or profession, the professionals who work in the field usually know who’s good and who’s not. If you have an attorney or a friend who practices law, that might be a good place to start. Even if he or she doesn’t handle injury cases, they are bound to have colleagues who are familiar with the personal injury or malpractice lawyers who are recognized by their peers as being the best in your community.

3. Be careful about lawyers who send “solicitation” letters to your home following an accident.

Recently, an increasing number of personal injury lawyers have been hiring runners or “gophers” to obtain traffic accident reports prepared by local and state police officers. Once the accident reports are obtained, a member of the law firm’s staff will comb through the report to find the name and address of the accident victim. The law firm will then mail a “solicitation” letter to the injury victim informing him/her that the law firm is ready and willing to represent the accident victim in a personal injury case. In our community, it is not unusual for an accident victim to receive fifteen to twenty solicitation letters from law firms. There is a law firm in southern Indiana that sends a solicitation to every single traffic accident victim in the entire state where there is a police report. There are law firms that will continue to send solicitation letters after the initial letter is sent and will even have a staff member call the accident victim and ask if they received the solicitation letters.


The vast, vast majority of law firms that rely on solicitation letters operate on a “high volume, quick turnover” basis. They have difficulty attracting referrals from satisfied clients or other lawyers so they resort to sending out hundreds (and sometimes thousands) of solicitation letters hoping that they will receive responses to their mass mailings. It’s probably safe to say that injury victims who choose an attorney based on a solicitation letter they receive in the mail aren’t doing a lot of research on the law firm they are hiring. Many states are in the process of enacting rules and laws to prohibit lawyers from sending solicitation letters to accident victims.

4. Virtually all personal injury lawyers offer a free consultation and will not charge a fee unless there is a recovery.

Anyone who has ever seen or received any type of advertisements (TV commercials, yellow pages, internet sites, direct mail solicitation letters, etc.) from personal injury firms quickly learns that every injury lawyer makes the same offers:

  • “No fee if no recovery.”
  • “Free initial consultation.”
  • “We will visit you at home or in the hospital.”

A lawyer who offers you a “free consultation” and tells you that he or she will not charge a fee unless there is a recovery in your case (known as a “contingent fee” agreement) is not offering you anything out of the ordinary. Almost every lawyer who specializes in handling personal injury cases will make the same offer.

5. What does it mean when a lawyer says “no fee if no recovery”?

Almost every personal injury lawyer handles injury cases on a contingent fee basis. A “contingent” fee means that there is no attorney fee unless there is a recovery and the fee is a percentage of the amount recovered. (i.e. usually 33.33% of the amount recovered). That means that the lawyer will not charge the client a fee unless there is a recovery. Sounds simple, right? Not so fast. This is an area where personal injury victims need to be careful before they make a decision on a lawyer for their case.


If a lawyer agrees to handle your injury case on a contingent fee basis and loses the case, there’s not going to be an issue on whether you owe the lawyer anything for his or her attorney fee. You don’t owe anything. One-third of nothing is nothing. However, consumers must understand that there is a big difference between attorney fees and the case “expenses.” Almost every personal injury case will entail some case “expenses” that need to be paid in order to prepare the case properly. Case expenses are monies paid to third parties to keep the case going: expert witness fees, court reporter fees, charges for medical records, charges for physician reports, filing fees and the many other expenses that go into a personal injury lawsuit.

Case expenses are handled differently by different law firms. In a typical motor vehicle accident case, where the settlement is less than $100,000, the case expenses are usually less than $5,000. However, in a serious personal injury case involving permanent or catastrophic injuries, or in a medical malpractice case, the litigation expenses can run up to $50,000 or more. There are different ways these ongoing litigation expenses are handled by different firms, depending, in large part, on the firm’s philosophy and the firm’s financial resources:

  • One way is to require the client to pay all or a substantial share of the litigation expenses at the start of a case or on an ongoing basis. That method can create serious financial issues for a client.
  • Another way is for the lawyer to pay all the expenses as the case goes along, with the client reimbursing the lawyer out of any recovery at the end of the case, after the lawyer’s contingency fee is deducted. For example, if the recovery is $270,000, and the lawyer and the client have agreed to a one-third contingent fee plus reimbursement of the expenses advanced by the lawyer, and the lawyer has advanced $10,000 toward the case expenses, the final disbursement of the settlement will look like this:- you will receive $170,000
    – the lawyer will receive $90,000 for his attorney fee;
    – $10,000 will be paid back to the lawyer to reimburse expenses.

What happens to the expenses if the case is lost? Some lawyers have a policy of not asking the client to reimburse the law firm for the “out of pocket” expenses. Other lawyers expect the client to reimburse the law firm for all the expenses if the case is lost. As a consumer who has choices, you need to find out the lawyer’s policy on expense reimbursement in situations where the case is lost. If a lawyer tries to tell you “don’t worry about it, I’ve never lost a case,” don’t accept that response. Even the very best personal injury lawyers lose cases from time to time.

6. Does this lawyer have the financial and staffing resources to take on my case?

As noted above, lawsuits involving serious or catastrophic personal injuries can be very expensive to take to court. For example, a typical medical malpractice case can involve three, six or even more medical specialties, each one of which needs to have an expert witness hired to deal with issues in that specialty. A serious injury case against a trucking company can involve accident reconstruction experts and trucking safety experts as well as the experts who will be needed to testify about the nature and extent of a client’s injuries (treating physicians, life care planners, vocational experts, economists, etc.). If a lawyer lacks the resources to fund a case properly, corners can be cut at the expense of the client’s case. Or a client can be pressured into taking an inadequate settlement. It pays to hire a lawyer who has the financial resources to take a case all the way to trial, if necessary.

7. What kinds of cases does this lawyer handle on a daily basis?

Some lawyers are “general practitioners” who handle many different types of legal cases, including the occasional personal injury case. If you have a serious personal injury claim, you will want a lawyer who handles personal injury cases on a day-in, day-out basis. The practice of law has become so complex that is it virtually impossible for a general practice lawyer to stay on top of all the developments in personal injury and medical malpractice law. Most of the lawyers who are hired by insurance companies to defend personal injury cases are seasoned specialists who limit their practice to the defense of personal injury cases. A general practitioner is likely to be at a major disadvantage when he or she goes up against a law firm that specializes in the defense of personal injuries cases.

8. How long has this lawyer been handling personal injury cases?

For the most part, lawyers who handle personal injury or medical malpractice cases charge injury victims the same “contingent” fee no matter how long they have been practicing. If a lawyer with only 3 years experience is going to charge you the same fee as a lawyer with 25 years experience and 100 personal injury jury trials under his or her belt, you should strongly consider hiring the more seasoned lawyer. The experience of your lawyer can make a very big difference in the outcome of your case.

9. Does this lawyer actually try lawsuits in court?

Most lay people believe that all personal injury lawyers go to court and try cases on a regular basis. Nothing could be further from the truth. A significant percentage of lawyers who hold themselves out to be “trial lawyers” or “personal injury lawyers” have little or no jury trial experience. One of the first questions you should ask is whether the lawyer tries cases in court, and, if so, how often. This is an important question that many lay people never think to ask.


Lawyers who defend personal injury cases know the injury lawyers who actually try cases and those who don’t. Insurance companies use that information to evaluate their risk. One of the first questions an insurance adjuster will ask when a serious claim comes in is: Who is representing the plaintiff?

There is only one way to get top dollar for your case in a settlement. The insurance company must believe that your lawyer is ready, willing and able to try the case in court. If you hire a lawyer who always settles and never goes to court, be prepared to take a substantial discount on your case.

10. Does this lawyer teach other lawyers?

Lawyers who frequently lecture at legal education seminars (called “CLE” – or continuing legal education) have the esteem of their professional colleagues. They are asked to speak at legal education seminars because other attorneys want to hear what they have to say. Lawyers who regularly write articles in legal publications are usually the authorities in the field and know what they are talking about. Many personal injury lawyers will list the topics of their speaking engagements or their publications on their website. If you want to know whether a lawyer teaches other lawyers about developments in personal injury law or writes articles about personal injury litigation, you should check the lawyer’s website or ask for a copy of the lawyer’s resume.

11. Is this lawyer a member of legal organizations that specialize in representing injured people?

There are both national and state organizations comprised of lawyers who are dedicated to the representation of injury victims. These organizations sponsor legal publications and legal education programs. They also conduct lobbying activities for the rights of consumers. The most prominent national organization is the American Association of Justice (AAJ). In the State of Indiana, the Indiana Trial Lawyers Association (ITLA) is a statewide organization of plaintiff attorneys dedicated to the rights of injured persons. You can certainly find a lawyer who doesn’t belong to any of these groups, but why would you want that lawyer to represent you in a serious injury lawsuit?

12. Is this lawyer a “board-certified” civil trial lawyer by the National Board of Trial Advocacy?

For many years, the medical profession has utilized a system of testing and peer evaluation known as “board certification.” Board certification is designed to identify physicians who have expertise in a particular specialty or sub-specialty of medicine. In recent years, the legal system has begun emulating the board-certification process in the medical profession. The National Board of Trial Advocacy (NBTA) is a national organization that has a process for civil trial lawyers to achieve board certification. The National Board of Trial Advocacy is part of a larger lawyer certification organization called the National Board of Legal Specialty Certification. NBTA certification as a “civil trial attorney” is only available to attorneys who have extensive experience in the courtroom and in preparing cases for trial. In addition to having courtroom experience, an applicant must also pass an all-day examination before receiving board-certification from the NBTA as a civil trial attorney.

7 Benefits of Hiring a Personal Injury Lawyer


If you or someone you are close to has ever been hit by a car, you know how disoriented one can become when it happens to them. If you’ve been hurt or injured by the negligence of another person, company, or driver; it is possible to seek compensation for your medical bills and other related expenses. You don’t have to call a personal injury lawyer after car accidents, but these are some reasons why you should.

They Are Professional and Objective

Car accidents and personal injuries cause a lot of pain and emotional upheaval. This trauma may make it difficult to make objective decisions as far as your accident/injury is concerned. A personal injury attorney will file personal injury claims on your behalf. They will also help bring knowledge, skill, and experience into your case; and this will help you get the settlement you deserve.

They Know How to Negotiate

After an accident has occurred, and personal injury claims have been filed, the offending party’s insurance representative handles these cases daily and can be very persuasive when it comes to bargaining for lower compensation. Negotiating with insurance companies can be very challenging and they have techniques on persuading you to accept their first offer. This is why you need an experienced lawyer to help you through this period. Hiring a personal injury lawyer after you’ve been injured often leads to heftier compensation.

They Can Help You Get Medical Attention

5 Tips for Choosing the Right Personal Injury Lawyer | Wilshire Law Firm

Putting your personal injury attorney’s name as one of your emergency contacts will ensure that they are one of the first ones to be called when something happens to you. If they get this call early enough, they may be able to help you get treatment. The quality of treatment you receive at this point speaks to whether you will have a speedy recovery or not. If your attorney is familiar with medical malpractice and personal injury, they can also ensure that you are receiving proper care. While you are recuperating, your injury lawyer could be filing personal injury claims against whoever ran you over or is at fault for the injuries you suffered.

They Help You Make Better Decisions

If you aren’t a lawyer, filing a personal injury claim may seem like a long and complicated legal process. Sometimes, the offending party owns up to their mistake and is willing to compensate you. In such cases, if the compensation amount is adequate for your injuries, it would be unnecessary to take court action. A qualified personal injury lawyer will analyze your unique situation and inform you of the options that are available to you. They can also provide counsel on the best route of action, depending on the severity of your situation.

They Can Provide You With Legal Coverage

Often, the offending parties contest personal injury claims, and this prompts you to take court action. The other party will have a lawyer, and you not having one will probably turn the odds against you. Having the support of a personal injury lawyer will help level the playing field. An experienced lawyer will give you adequate legal representation after car accidents. They will gather all the evidence you need to win your court case.

They Can Help You Get Faster Compensation

If you don’t have a lawyer, you will have to wait until you have recovered sufficiently before going to seek compensation. This implies that it will take you much longer to get your settlement. You should call a personal injury lawyer immediately after your accident. This way, they can file personal injury claims on your behalf while you are recuperating. A qualified personal injury lawyer has vast experience with similar cases to yours and the legalities involved with those cases, hence they can side-step all setbacks and help you get compensated as fast as possible.

They Give You Peace of Mind

Sometimes, accidents may result in fatalities. Other times, they may cause post-traumatic stress and intense emotional trauma. Following up on personal injury claims at such a time may be very stressful. You should hire a personal injury lawyer after you’ve been injured. Experienced lawyers will handle all the complicated aspects of your claim, giving you the peace of mind you need to put all your focus on getting better.

Final Words

How To Choose A Personal Injury Lawyer | Selecting A Personal Injury  Attorney | Florin|Roebig

Accidents are a side effect of life. They happen. If you are injured in a car accident, or if you are injured due to the negligence of someone else, you should promptly seek legal help for compensation. Unfortunately; you can’t rely on other’s driving as attentively or as carefully as you are. Road accidents have led to the death of around 40,100 people in 2017. This blog is not to be construed as legal advice and is for general use only. You should always seek advice from an attorney for legal matters.

8 Skills You Should Look for in Personal Injury Lawyer

When you’ve been injured in an accident, one of the things you should do aside from seeking immediate medical attention is to hire a personal injury lawyer to help you recover compensation for your injuries. However, finding the right legal professional for the job can be an overwhelming process. With all the lawyers available in the legal industry, knowing who’s the best one for your situation requires a little research. 

Fortunately, there are many ways to help you find the perfect match for your legal needs. One of them is to get familiar with the list of skills a good lawyer should have to optimize your settlement and get everything you’re entitled to. 

Below are the eight skills you should look for in a personal injury lawyer: 

  1. Ability to Provide Fair Legal Representation 

Realistically speaking, it won’t be easy to defend yourself in a situation you’re not familiar with. Unless you’re a legal professional, you need a personal injury lawyer’s assistance to take care of your case for you. Using their negotiation and research skills, they’ll represent you in all legal proceedings. They’re also well-equipped in dealing with the negotiations and developing a strong case for you. 

Hence, if you’re having negotiations with the insurance company, be sure to work with people like Yegendorf personal injury lawyers who can provide fair legal representation from start to finish. That way, you can rest, knowing that your legal counsel has your best interests in mind. 

  1. Extensive Experience in Handling Personal Injury Claims 

When looking for a personal injury lawyer, you should consider your options’ extensive experience in handling personal injury cases. Those who have valuable years of experience are always ready to take the case as far as it’ll go. Given their track record for settlements and judgments won in the courtroom, they’re best positioned for success.

Diffuse axonal brain injury; image by Hellerhoff, via wikimedia.com, CC BY-SA 3.0, no changes.
Diffuse axonal brain injury; image by Hellerhoff, via wikimedia.com, CC BY-SA 3.0, no changes.

That said, it’s best to consider a legal professional who has extensive legal experience in personal injury law. In doing so, you’ll have higher chances of winning your case and getting the right amount of compensation for your injuries. 

  1. Ability to Determine What Your Claim is Worth 

More than your physical recovery, you want the party responsible for your injuries to be held accountable for the harm done against you. Unfortunately, you might not know how to calculate your claim’s worth, affecting the amount of compensation you’re entitled to receive. This is one of the reasons why you should hire a personal injury lawyer who can determine what your claim is worth. 

Typically, a dedicated personal injury lawyer knows how to calculate the financial worth of your claim. They’re very much aware of the financial costs and the factors that can impact the value of your claim. Therefore, they consider everything before starting the negotiation process with the insurance company and the at-fault party. 

So, if you don’t want to end up with an unfair settlement, always look for a lawyer who can determine your personal injury claim’s real value. 

  1. Trial Skills 

If you’re searching for the best lawyers, you’re referring to professionals with exceptional trial skills. Typically, personal injury claims that don’t push through in the negotiation stage with the insurance company will be elevated to trial. As such, you’ll need a lawyer who knows exactly how the court processes work, as well as one who has excellent social skills and the ability to create a compelling story as your argument. 

If your prospective lawyer has these trial skills from the beginning, it can be a sign that you’ve chosen the right one for your personal injury lawsuit claim. 

  1. Objectivity 

Sometimes, it’s easy for lawyers to become emotionally affected by the cases they handle. Although it can be good to sympathize with the victims, you should look for a legal professional who’s objective in handling your case. In other words, they should remain professional despite the emotional considerations they have about your situation. 

When the lawyer can be objective, you can guarantee a solid case for you. They’ll set aside their emotions and consider all the factual circumstances of your case to defend your rights and interests properly. 

  1. Availability and Responsiveness 

Generally, if your lawyer doesn’t devote enough time to handling your case, they shouldn’t do business with you. Just like other legal cases, your personal injury claim needs adequate attention for it to obtain a favorable outcome in the end. Because of this, you should look for a lawyer who’s responsive and patient in answering all your questions. 

A trustworthy personal injury lawyer will always make time to entertain all your queries. Despite their schedule, they’ll meet you personally instead of sending a young associate on their behalf. Not only that, but a responsive legal professional will not make reaching out to them for information more difficult for you. Therefore, if you’re searching for someone who can help recover compensation for your injuries, you must consider their responsiveness.

  1. Ability to Be Honest 

Since you want to win your case, it’s somehow easy to fall for flattering words and promises of your potential lawyer. However, the best legal professionals are always honest with their clients even if it’s not good news for you. In short, they’ll inform you of the weaknesses of your case and the chances of winning it in the end. 

For example, they’ll not hesitate to tell you that your aggressive behavior toward the other party can affect your case. Hence, if you want to be straightforward with your claim, hire a personal injury lawyer who knows how to be honest when working with your situation. 

  1. Ability to Get Motivated 

Most reliable personal injury lawyers don’t always treat their profession as a business. They often see it as an opportunity to help those people who need legal help. As such, they’re motivated to solve other people’s problems, especially in terms of getting compensation for their injuries. 

And, because of their ability to get motivated to help, they don’t mind working long hours, conducting research, and doing lots of legwork just to obtain a successful settlement or judgment. So, if you want a positive outcome, hire a personal injury lawyer who’s motivated to work for you. 


Defenses for Dog Bite Lawsuits you should know about -

If you’ve sustained injuries due to an accident, one of the things you should do is find a personal injury lawyer. But, if you have a hard time looking for your perfect match, keep this list in mind so you’ll know which skills you should look for during the hiring process. That way, you can ensure the lawyer you choose can help you obtain the justice and compensation you deserve.

10 Things You Need to Know about Personal Injury Cases

What Should I Know About My Personal Injury Case?

5 Absolute Worst Things You Could Do During a Personal Injury Case | Attorney at Law Magazine

We served as a proud advocate for Colorado injury victims and their families. Today, our accomplished personal injury lawyers continue to provide the aggressive legal representation you need and the compassionate, personal attention you and your family deserve.

1. Personal injury law is about more than car accidents.

Although car accidents and other types of motor vehicle collisions make up a substantial number of personal injury cases, personal injury law applies to any instance in which a person suffers harm due to the negligence of another individual or entity. Personal injury lawsuits may also relate to defective consumer products, accidents caused by unsafe premises, dog bites, and wrongful death.

2. Insurance company settlement offers are not always fair.

Insurance providers often attempt to limit what they pay for medical expenses and other damages in the interest of protecting their own bottom lines. But undervaluing your claim can leave you facing immediate and long-term financial adversity, especially if you’re temporarily unable to work due to your injuries.

3. Working with an experienced lawyer matters.

Victims of severe injuries often find themselves facing tens of thousands of dollars in medical expenses, and may be unable to return to their jobs or require long-term rehabilitation. A personal injury claim led by an attorney who understands the physical, financial, and mental hardships associated with severe injuries provides the best opportunity for receiving adequate compensation. Working with a lawyer can also relieve some of your personal stress, offer peace of mind, and allow you to focus on your recovery.

4. So does your lawyer’s experience.

The Frickey Law Firm has an extensive record of success in personal injury cases, and our attorneys are consistently recognized as top lawyers in their fields by Martindale-Hubbell, U.S. News & World Report, Super Lawyers and the Million Dollar Advocates Forum among other esteemed organizations. Our attorneys’ legal wisdom, medical knowledge and negotiating skills are backed by substantial trial experience, as well as the resources to thoroughly investigate and aggressively pursue your claim.

5. Compensation can be extensive.

Compensation in personal injury cases may include money for:

  • Past and future medical costs
  • Loss of earnings
  • Property damage
  • Pain and suffering

In wrongful death cases, compensation may be awarded for damages including but not limited to:

  • Funeral and burial expenses
  • Loss of financial support and benefits
  • Related medical expenses incurred prior to death
  • Loss of companionship or consortium

The compensation varies widely depending on a number of individual circumstances, and your lawyer can help you understand how much your claim may be worth.

6. Every case is different.

There are fundamental steps shared by all personal injury legal actions, but the claims themselves differ depending on the type of injury, the cause of the injury, and other factors. Likewise, personal injury cases vary in duration and whether they may be settled or go to trial.

7. Some cases take time.

What Damages Can I Recover for Personal Injury? | Colombo

Burdened with mounting medical expenses and potentially unable to work, injury victims often feel pressured to take the first offer from insurance providers. Before accepting an initial settlement offer, it can be in your best interests to discuss your situation with an attorney who is aware of the challenges that confront injury victims. Many cases are fairly settled in a matter of months, but those that end up in the courtroom may require 12 months or longer in order to recover the financial security you need. Your attorney will personally discuss your expectations with you.

8. Cases may settle out of court or go to trial.

Most personal injury cases are settled out of court, either through negotiations with an insurance provider’s representation or through a mediation process. Our lawyers strive to achieve an agreeable and timely settlement on your behalf, but our attorneys also have the courtroom expertise necessary to take your case to trial when settlement offers are unjust.

9. Evidence and time are crucial.

In the event that another’s negligence caused you to harm or resulted in the death of a loved one, it’s important to consult with a lawyer as soon as possible. The time to pursue legal action for compensation is bound by statutes of limitations, which are generally between two and three years from the date of the injury. It is also critical to collect as much evidence as you can to support your claim; your attorney can guide you through the information to gather, as well as help access any necessary law enforcement reports and medical records.

10. Our injury lawyers work on a contingent fee basis.

If you’re researching personal injury attorneys, you’ve probably encountered the term “contingent fee.” We know that most clients can’t afford a lawyer who charges them by the hour, especially when medical expenses are mounting by the minute.

Florida Personal Injury Cases | Brooks Law Group