Choosing an accident attorney: Do you know the right questions to ask?
Finding an accident attorney is the easy part. Knowing if you’re choosing the right one is when it gets complicated.
Personal injury attorneys aren’t exactly uncommon. This is a popular legal field and everyone seems to want to take on your claim. Instead of feeling flattered, all of the attention from various accident attorneys can be a little overwhelming.
Before you decide to go with the first attorney with a catchy advertisement, it helps to follow some essential tips for choosing a Houston car accident attorney. A great tip to follow is to know the right questions to ask. The attorney’s answers can help you decide if they’re the right one to help you pursue your personal injury claim.
When should I talk to a car accident lawyer?
Getting in touch with an accident attorney probably isn’t the first thing that comes to mind. You’re more worried about assessing injuries and vehicle damage. However, once you get your bearings, retaining legal counsel should be a priority.
Sure, there are times when an accident attorney probably isn’t necessary. You know like you’re involved in a minor bender that doesn’t leave any visible car damage. In this situation, you may be able to skip getting a lawyer. However, if any damages are sustained, especially in a more complicated situation like a motorcycle accident, it’s probably best to talk immediately to an attorney. They will investigate the motorcycle accident thoroughly, as these cases involve factors like road conditions, rider experience, and vehicle mechanics.
You should have an attorney before you start discussing the accident with anyone, especially an insurance adjuster. Legally, you’re not required to provide any information beyond the details of the accident. Don’t start discussing your recollections of the accident until you’ve met with an experienced Houston personal injury lawyer.
Anything you say can be used by the insurance company to try and reduce the value of your accident claim. Letting an attorney handle all communications is a great way of protecting your claim’s value.
Questions to ask a personal injury attorney
Okay, you know it’s a good idea to talk to an attorney as soon as possible after a vehicle accident. Now it’s time to look at some of the questions to ask to know if you’re partnering with the right lawyer.
How Much Does the Attorney Charge?
Accident attorneys can charge their clients flat or hourly rates. These fee structures are common regardless of the attorney’s field of practice. For example, a divorce and criminal defense attorney can both charge flat fees. They can also offer their clients an hourly rate.
Personal injury lawyers have another pay structure they can offer. Known as contingency fees, it can make hiring a personal injury attorney more affordable.
So, how do contingency fees work? Instead of paying the attorney up front, the lawyer is working for a percentage of your settlement amount. Most attorneys charge anywhere from 25% to 40% in contingency fees. More complex accident cases typically have a higher contingency fee rate. Your attorney deducts their fees from your settlement check, and you get the rest. Sounds great right? You can have legal counsel without paying a dime upfront.
However, contingency fees don’t always cover everything. You may owe for things like expert testimony and filing fees. It’s a good idea to go over what your contingency does and doesn’t cover. This way, you’re not hit with a surprise bill after settling your injury claim.
Will I Need to Meet Any Deadlines?
This is a great question to ask before signing an agreement with a personal injury attorney. If the attorney can’t answer this question it’s probably best to move on to another lawyer. Missing a deadline can significantly impact your personal injury claim.
If you miss the statute of limitations, there’s a good chance you’re not going to be able to recover any compensation for your accident. This is only one of the deadlines you’re probably going to need to meet. If your claim turns into a lawsuit, there’s going to be more deadlines to keep up with.
If you’re wondering how long you have to file an accident claim in Texas, the statute of limitations gives you two years.
Does the Accident Attorney Have Access to Resources?
Filing an accident claim is a little more involved than simply filling out an insurance form. You’re probably going to need to prove negligence, it’s typically the cornerstone of any accident claim.
Don’t forget that Texas follows modified comparative negligence rules. This can drastically impact your accident settlement amount. Modified comparative negligence lets more than one driver assume liability for the same accident.
Your potential compensation amount is reduced by your percentage of fault. Since you don’t want to take on more than your fair share of the blame, it’s best to work with an attorney who has access to resources. These resources can include accident scene investigators. Remember, you probably don’t want to rely solely on the insurance adjuster’s findings.
How Will the Attorney Communicate About My Accident Claim?
You probably don’t want or need hourly updates on your claim’s process. If you’re expecting constant updates be prepared to be disappointed. Even a pretty straightforward accident claim takes a few weeks to wind through the legal process. You really don’t want a ton of messages all telling you the claim is still under review.
While hourly updates are a little excessive. This may even be true for daily case alerts. However, you do want to stay in communication with your attorney so it’s best to get this question out of the way. It can save a lot of frustration later on when you’re wondering what’s going on with your accident claim.
Don’t forget to find out how the attorney is going to communicate. Will it be through phone calls, text messages, or emails?
Go with the accident attorney you feel comfortable with
You think you’ve found the right accident attorney to work on your injury claim. Before attorney-client privilege kicks in, think about how comfortable you feel discussing your claim with the lawyer.
Sometimes, an attorney can be at the top of their field but you’re not comfortable with them. Finding an attorney you can easily talk with can make a difference in how your claim progresses.
