There’s a national insurance company that’s advertising with the slogan, "a lot of things go through your mind after an accident, your insurance coverage shouldn’t be one of them."
Most likely, one of the things you’ll be concerned about following an accident is "what now?" Many of our clients have no intention of filing a personal injury action against another party. In fact, the majority of people I meet with tell me, "I didn’t intend to sue, I just couldn’t get the treatment I needed," or "it’s not my fault, I don’t feel like I, or my insurance company, should have to pay this."
The simple answer is, they’re right. The fact though is that many people can’t get the treatment they deserve by trying to deal with their insurance adjuster or the other party’s insurance adjuster. Many either deal with the frustrations involved, and settle for a small amount on their recovery, or decide to hire an attorney.
While an attorney cannot guarantee any particular results with your case, you should feel confident that a knowledgeable attorney can help you achieve the outcome you desire. An attorney knows and understands the procedures, and it’s very likely that they’ve dealt with a number of cases similar to yours. The attorney can determine if you have a valid claim, and what actions you should take to resolve the claim.
The best place to look for an attorney recommendation is from friends, family, or a social organization. You’ll have a higher satisfaction with your attorney, if you listen to the recommendation of someone you know or fellowship with. Generally speaking, television, radio, or yellow page advertisements are a poor way of choosing an attorney. Your goal is too feel and know that the attorney taking your case can, and will, act in your best interests.
Many people become concerned about payment and fees. Most likely, your personal injury attorney will take your claim on a contingent fee basis. This means that you’ll pay nothing to the attorney at the start of the case, but you’ll pay a percentage of your recovery, plus the costs expended, to your attorney when you settle your claim. In Oklahoma, personal injury attorneys can charge up to 50% of the total recovery. Usually though, most attorneys charge between 33 and 45% to handle all aspects of your claim. Attorneys calculate the fee based on their experience, and knowledge about the riskiness of your claim. Less risky claims will demand lower fees.
In some cases, such as worker’s compensation and social security, laws govern the maximum amounts that an attorney can collect. In Oklahoma, attorneys may charge up to 20% on your worker’s compensation claim. Similarly, in social security claims, the maximum fee is 25% of the total recovery or a maximum $6,000.
If you believe that the fee charged by the attorney is too high, ask for a clarification and explanation regarding the fee percentage. You’ll likely discover that there is a higher fee because of the difficulty of the case. Generally speaking, if you wish to sue for injuries like wrongful termination, medical malpractice, wrongful death, or traumatic injury, you should expect that your attorney will demand a higher fee for the risk.
The Oklahoma Bar Association has developed a brochure and website that addresses some concerns you may have when selecting an attorney.
To help you select an attorney, here are a few general questions you should ask before you hire an attorney to represent you:
- What are your areas of specialization?
- Have you handled cases like mine before? How many? What was the outcome?
- Will you be the only attorney who works on the case? If not, who else will work on it?
- How long will it take for this case to be resolved?
- Will you take my case on a contingent fee basis?
- Are there things I should do to improve my case, or to help you?
- How will you keep me informed about the progress of my case?
- If I contact your office with questions, how long will you take to return my call?
- If you are unavailable or on vacation, who can I speak to about my case?
- How often do you go to trial?
- If I am not happy with a settlement offer and you want to settle, will you go to court anyway?
- If I am happy with the offer but you think we can win more at trial, will you follow my wishes?
- Have you ever been disciplined by an ethics committee, or been suspended from the practice of law? If so, why?
Many of these questions can be answered during your initial consultation, or over the phone.
If you’re injured, and would like to speak with an attorney regarding your case, contact our office. You may call (405) 748-0318 to schedule an appointment or speak with an attorney.
Sorry, comments are closed for this post.