The scary truth is that you never know when you will need a personal injury lawyer. Nobody ever thinks they will find themselves in a situation where they need to hire a personal injury lawyer, and most people do not think they will ever become a victim to serious injury in the future.
Unfortunately, accidents and injuries happen to people every single day – even to careful individuals who have done nothing wrong. These victims of personal injury are who Wilcox & Mastrorocco are driven to help.
By nature, you can't prepare for an accident, but you can plan what you will do in the aftermath. One of the best things that you can do to protect yourself in the event of an accident is to find the right legal help – but that requires to you know how to choose a personal injury lawyer.
Being prepared and knowing what questions to ask in advance can make all the difference in your case, from the amount of money you'll be able to recover for your injury to the level of stress you have to deal with throughout the legal process. At a time when you may be at your most vulnerable, hiring an injury attorney allows them to step in and help you recover for your losses, connect with the appropriate medical providers, manage documents and deadline, and negotiate for you in settlement talks with insurance companies.
The right attorney will take on the responsibility of helping you to secure compensation in a process that may be long, difficult, and very foreign to you. For this reason, hiring a lawyer whose skills and experience you trust could be critical to reaching a positive outcome in your case. Asking questions is a great way to narrow down your options for representation, but some questions are more helpful than others when it comes to finding an lawyer that meets your standards.
Below are some questions that can use to help you gain crucial information needed for you to select the right personal injury attorney for you and your case who will advocate for you and best protect your legal interests.
9 Key Questions To Ask A Personal Injury Lawyer Before You Hire Them.
1. What is your courtroom experience?
No one wants to go to court or trial on a personal injury claim, and fortunately, the odds are quite high that you won't have to. However, there is always a possibility that your claim cannot be handled without filing a lawsuit.
Many personal injury law firms and lawyers in Utah have ZERO experience (or next to zero experience) in the court room. How? They only handle the cases initially, do all they can to get the case settled without filing a lawsuit (even to your detriment), and then "refer the case out" if things get hard and filing a lawsuit is required. Don't settle for this type of lawyer. Why?
- First, this lawyer will not be with you for the long haul. When things get hard and your case can't be easily settled, they abandon you and tell you that you need to find a new lawyer.
- Second, this lawyer does not know how to prepare your case for that possibility that a lawsuit may be needed down the road. They do not understand the intricacies of what happens in court enough to know how to build that necessary foundation for you to win if a trial is needed.
- Third, this lawyer does not have your best interests in mind. They are only motivated to make fast money by quickly settling your case for a nominal amount instead of digging in and putting in the hard work to get you as much money as possible.
Hiring an attorney that tries cases in court can give you the confidence to know they will be prepared for a trial if that is the result. If the case does end in a settlement, entering negotiations with a personal injury attorney who is ready for the possibility of a trial could mean greater preparation and a more fair recovery amount for you.
When interviewing possible personal injury lawyers, don't be afraid to ask potential personal injury lawyers questions that flush out their court room experience. Ask questions like:
- Do you aim for a quick pre-litigation settlements only?
- If my case does not easily and quickly settle, will you personally file a lawsuit on my behalf and take the case to trial? Or would that get "referred out" or transferred to a different attorney?
- How many cases do you actively have pending in litigation now?
- How many clients have you represented in court on personal injury claims?
- What is your litigation experience?
2. Who will be handling my case?
Big law firms are notorious for a bait-and-switch. Far too often, the attorney you first meet with will not be the primary attorney who works on your case. Or even worse--and just as often--clients will meet their attorney at the initial consultation and then never speak to their attorney again because their case is one of hundreds that is passed off to inexperienced non-lawyer staff members who primarily handle the client's file rather than the actual attorney.
When interviewing prospective lawyers, ask questions that will help you determine the about of personal involvement the attorney will have in handling your claim. Ask questions like:
- Who are all of the people that will be involved in handling matters concerning my case?
- If I have a question on my case, is the lawyer my first point of contact?
- When I try to call you, will my calls be "screened" by a receptionist, legal assistant, or paralegal before I can actually speak to you, the lawyer?
- Who drafts the settlement demand that will be sent to the insurance company? A bad lawyer will have their paralegal draft the demand, and then the attorney will (hopefully) review it before it is sent out. Conversely, a good attorney will personally draft the settlement demand and not just review it before it is sent out. Why does this matter? Because the practice of actually going through a client's file, document by document, and drafting the demand allows the attorney to draft a more detailed demand that is based on sound legal argument, which will result in a better settlement for you. When a paralegal or staff member drafts the demand and the attorney only reviews it, the attorney does not know what details were missed, and they don't know all of the nuanced facts about the case that may implicate different legal theories of liability. This initial drafting process is where the actual legal work is done---not in the final proofread at the end.
Do not be shy in asking about a lawyer's processes to ensure that the lawyer you interview with during your initial meeting will stay intimately involved with your case.
3. Do you predominantly practice law in Utah?
Far too often, personal injury victims call the lawyers on the big fancy billboards without realizing that these lawyers are not always (1) physically located in Utah; and (2) predominantly representing Utah clients. Why does this matter?
- First, lawyers who do not predominantly practice in Utah are not intimately familiar with the intricacies of Utah law that will impact your case. Personal injury laws are different in every state, and just because a lawyer practices personal injury in another state does not mean they are well-suited to best present your case in Utah.
- Second, having a lawyer who is personally located in Utah is critical because your lawyer needs to be able to physically appear for court dates, mediations, and other legal appointments. Lawyers located in another state on the other side of the country cannot represent you like you deserve, and a local stand-in attorney who does not know your case at these critical court appearances will not be a zealous and well-prepared advocate for you during those moments when you need a lawyer most. Having a law office in Utah is not enough--that only means they are targeting Utah clients. You need a lawyer who can be personally available for you in Utah as well.
Securing a positive outcome for your Utah case requires detailed familiarity with Utah laws and the ability to appear in court and advocate on your behalf at any time. Do not be swayed by an attorney who tries to convince you that everything can be done remotely---this is a red flag that the attorney is only out to make money off of you through a quick settlement rather than through real legal work based on Utah laws in a Utah courtroom.
4. Are you licensed in Utah?
The national firms who sponsor the billboards and commercials have lawyers across the country who often get assigned cases in Utah--despite the fact that they are not actually licensed to practice law here. How do they legally do this? They hire one inexperienced Utah lawyer and file everything under that lawyer's law license and signature. It is a shady business practice that is far too common.
To avoid this, do not solely rely on the attorney's representation that they are qualified to represent you. After you've met with your lawyer (or beforehand if you know the name of the attorney who will be handling your file), always go to the Utah State Bar website and verify that the attorney who will be handling your case is actually licensed in Utah.
5. What are your fees, and what costs will I be responsible for?
Most personal injury lawyers charge clients a contingency fee, which means they earn a percentage of the amount that is recovered if you have a positive outcome for your case. Injury attorneys' contingency fees are known to typically range anywhere from 33 percent to 40 percent, but asking an attorney directly what fees they collect up front is likely the best way to be sure.
In addition to asking an attorney about their fees, you should also ask about what costs you will be responsible for paying. It is normal for a client to be asked to cover standard costs associated with their injury claim (such as fees to obtain police reports, medical records, etc.). What is not normal? "Nickle and diming" clients by making them pay for "costs" that should be free, such as long distance calls, scanning documents, and printing paper copies of documents for you. If a lawyer or law firm specifies that these types of costs are your responsibility to pay, it's a solid indication that their true motivations are selfish and that far more of your settlement at the end will go to your lawyer and their bogus "costs" rather than to you.
6. How long have you been a lawyer?
Experience matters. Many lawyers carefully craft their attorney biographies on their websites to make it sound like they are seasoned attorneys when in reality, they have only been licensed for a year or two. When interviewing lawyers to represent you, ask the attorney:
- When did you graduate from law school?
- When did you pass the Utah bar?
7. What is my case worth?
It's admittedly difficult to estimate the value of your personal injury case based on one meeting alone with a client. However, an experienced personal injury attorney should be able to give you an idea of what factors may affect what your case is worth and how they may play out in obtaining a settlement or verdict at trial. When discussing the value of your case with a prospective lawyer, ask:
- Is this lawyer telling me that my case is worth an unrealistic amount? If it sounds too good to be true, it almost certainly is. Any lawyer who makes promises to a huge recovery should be approached with caution because they are likely: (1) lying to you to get your case; or (2) overconfident, which will result in unmet expectations in the end.
- How did the lawyer reach their estimate on case value? Is it based on verdicts in Utah cases? The attorney's past experience with other similar clients who reside in Utah? If the answer to these questions is no, proceed with caution.
8. How long will my case take to resolve?
Everyone wants their case to settle as quickly as possible. The reality, however, is that the wheels of justice move slowly. An attorney who promises you a fast settlement is likely not being truthful with you about appropriate expectations. This will only lead to frustration for you down the road. When engaging with your prospective lawyer on this topic, make sure that your attorney is realistic with you about the process. As them questions like:
- How long do most cases like mine take to resolve in Utah?
- What is the longest it could take?
- What circumstances impact the amount of time it could take to resolve my case?
- What do you to do make sure my case keeps progressing and doesn't lag or languish?
A personal injury attorney will not be able to give you a definite end date for the conclusion of your case during your initial consultation with that lawyer. But an attorney who has experience in your type of case could provide at least a general time frame, based on factors that could affect when your case would be resolved.
9. Have you won any honors or awards?
Asking what awards and/or honors a lawyer has earned can help you see how they stand up to others in your community in terms of skill and experience. However, not all honors and awards are equal.
Some legal organizations, such as Best Lawyers in America or Super Lawyers, use peer recognition and reviews to select attorneys, which reveals how peers and competitors feel about them and the quality of their work. These are quality awards that should indicate to you that the award was well earned.
On the other hand, there are many organizations that "give" awards to attorneys based on a monetary "donation"-- which is, in essence, the attorney purchasing prestige. This practice became so problematic that in 2021, the Federal Trade Commission issued a consumer warning and cautioned that “some of these seals or badges might be ‘vanity' or ‘ego' awards that lawyers can buy.”
Conclusion
Wilcox & Mastrorocco attorneys welcome all of these questions from you and more. Our attorneys are all seasoned lawyers that are deeply qualified in Utah personal injury law with a depth of courtroom experience. We opened our small firm because we our core values did not align with the big firms that see clients as only dollar signs. When you call your lawyer at Wilcox & Mastrorocco, you will speak to your lawyer---not a staff person or paralegal who screens the lawyer's calls because they have too many clients to personally handle. When we make a commitment to represent you, are intent and desire is to represent you to the end by getting you as much money as possible---not just a quick settlement that will leave money on the table. We became lawyers because we wanted to help people like you who need an advocate. Give us a call today so that we discuss the value that Wilcox & Mastrorocco brings to the table that the big name law firms can never deliver.
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