Hiring an attorney is never easy, no matter what the situation. Especially if you are someone without much legal experience. So what happens when you get injured and need a workers’ compensation injury for the first time. How will you know you are selecting the right attorney? Here are five questions that can help give you some important insights into the type of attorney you are hiring so you choose the best one for your case.
5 Questions To Ask
1. How many years of experience do you have in the workers’ compensation area?
While this may seem an obvious question, you’d be surprised at how little it gets asked. The bottom line is that with time comes experience comes and with experience comes knowledge. A more experienced attorney will know all the ins and outs of the law and has likely worked with a similar case to your own. With that said, every professional must start somewhere and if you do end up choosing a young attorney, then make sure there is someone is in a supervisory role there to help.
2. Do you carry malpractice insurance?
Why this question isn’t asked more frequently, I don’t know. But I do know that it is a good question for a couple of reasons. First, you want to protect yourself and make sure your attorney is covered in the circumstance they should commit malpractice. You certainly can’t try to collect from an uninsured individual. Second, if your attorney does not have malpractice insurance you need to find out why. It is possible that he or she is uninsurable because of previous malpractice claims. This goes not only to character but to whether or not your attorney has the necessary qualifications to practice law.
3. What percentage of your practice is workers’ compensation?
Being a “jack of all trades” isn’t really the way law is practiced anymore. As it becomes increasingly specialized, it stands to reason that an attorney who chooses to concentrate his or her practice in a single area will be better fit to represent you than someone who knows just a little about everything. Being specialized usually also means that the attorney networks and has relationships that can ultimately play a part in a successful resolution of the case. It is tremendously helpful to know your opponent if the case should ever get to the litigation phase.
4. Will you try my case alone?
Lawyers see the inside of the courtroom less and less these days, especially if they carry a high volume practice. Sometimes when a case needs to be tried they will withdraw them self and refer it on because it takes too much time to try a case as opposed to cranking out a settlement. Because of the large volume this type of lawyer sees, they are able to make up the loss of a single case easily. This type of practice is commonly known as a “mill” and settlements are generated one after another. The only problem with this type of attorney is that when your opponent finds out he or she will not be taking the case to court, it is almost automatic that you won’t be getting the maximum value of your claim.
5. Will I be talking to you or your staff when I call with a question?
The legal staff is vital to any successful law practice. From paralegals to secretaries, the staff is part of what makes a good firm run like a well oiled machine. With that said, as important as the staff is, they are not a substitute for speaking directly with your attorney about important issues surrounding your case. It really all depends on how the law firm is set up and what you are comfortable with. If you are not comfortable with a law firm who at the start of the case relies solely on the paralegal, then you need to continue your search. Remember you are entrusting your case with your attorney, not the firm’s staff.
The choice which you make in hiring a lawyer will have more to do with the eventual end result than any other decision you make during the entire claim. Don’t make the decision based on some radio ad or TV commercial you saw. Make sure to do your research, ask for referrals, and then conduct a good interview. Keep in mind the five questions as you make your decision and then ultimately hire someone you feel comfortable with and confident in.