Category: Personal Injury

As a client with a personal injury case, you can fire your lawyer at any time, assuming that you are mentally competent. You might owe your former lawyer some money as a result, but that doesn’t mean you have to continue allowing substandard representation. Following are some red flags that should tell you that you need a new lawyer.

Your Lawyer Is Not Communicating With You

Lack of communication is perhaps the number one reason clients fire their lawyers. Your lawyer should update you on your case (without your constant prompting) and respond promptly and thoroughly to your questions and concerns. A terse “yes” or “no” answer shouldn’t satisfy you, no matter how busy the lawyer is.

Your lawyer’s failure to communicate with you on your case might be telling you something. For example, it might be telling you that your lawyer has no news to report because they are not pursuing your case. A large firm might treat you as nothing more than a case number. It might also be that your lawyer has delegated your case to a paralegal or a junior lawyer with whom they rarely communicate.  

You Don’t Like Your Lawyer

It might seem frivolous to fire your lawyer simply because of a personal dislike. It might still be the right thing to do, however, for the following reasons:

• You and your lawyer work best as a team, with you making the major decisions and your lawyer deciding on tactical matters and executing your decisions. If you two don’t like each other, you’re not likely to work effectively together. If your lawyer doesn’t like you either, they might not give their best effort.
• Sometimes, it’s a good idea to go with your “gut feeling.” This isn’t an appeal to magic. Your unconscious mind is a repository of facts that are too numerous to fit into your conscious mind’s limited storage space. A conclusion arising from these hidden facts could surface in your conscious mind as a gut feeling.

Of course, don’t go overboard with this. Don’t fire your lawyer simply because they physically resemble your ex-spouse, for example.

Your Lawyer Has Little or No Trial Experience

Some lawyers possess rich experience negotiating personal injury settlements but do not win at trial. While this might sound good and you don’t know for sure if your case will go to trial, such a lawyer is not necessarily your best choice. Ironically, this is particularly likely to be true if you plan to negotiate an out-of-court settlement to avoid trial. 

This is because insurance companies respect lawyers who have proven the ability to take them to court and win. Without this experience, the insurance company will not respect your lawyer. They might settle your claim, but they will settle it for less than what it would have been worth if you had hired an experienced trial lawyer whom insurance companies know and fear. 

You’ve Discovered a Conflict of Interest Involving Your Lawyer

A conflict of interest occurs when your lawyer would benefit from doing something that would harm you or not doing something that would help you. Following are some examples of conflicts of interest in personal injury law:

• Your lawyer represents both you and the defendant in the same case. The most common form this conflict takes is when a lawyer represents a couple seeking an ‘amicable’ divorce that later turns rancorous.
• You are suing a company, and your lawyer is a shareholder in the company.
• Your lawyer has a close personal relationship with the opposing party.
• Your lawyer wants to charge you using billable hours rather than the contingency fee arrangement that most personal injury lawyers use.

There are hundreds if not thousands of ways that a conflict of interest can arise,

Your Lawyer Has a Bad Reputation Among Clients or Peers

Check your lawyer’s reputation on the internet and at sites like Avvo.com and Martindale-Hubbell. Ask around about them and if you have the social connections to do so. It’s best to do this before you hire the lawyer–but hey, better late than never!

A Trusted Personal Injury Lawyer Can Help You

An experienced personal injury attorney can make all the difference in the success of your claim. Switching lawyers isn’t something that you should take lightly, but it might be in your best interest. If one of the above signs applies to your situation, making a move could be the right choice. Find out how to find the best personal injury lawyer here.

The timeline of a personal injury case can vary greatly depending on the way the accident happened, the seriousness of your injuries, the defendant’s attitude toward settlement, and the overall complexity of your case. 

The steps below are general guidelines that you can refer to, even though your claim will probably differ in some respects. It’s also best to set up a consultation with an experienced personal injury lawyer to ensure your claim is filed appropriately.

Obtain Medical Care 

Nothing is more important than prompt medical care, for both medical and legal reasons. Even if you feel fine, seek immediate medical treatment if you have any doubts whatsoever. Some injuries, such as certain types of head injuries, don’t always generate immediate symptoms. 

If you delay seeking medical treatment, you are inviting the opposing party to claim that your injuries didn’t occur until after the accident. 

Prepare Appropriate Documentation

Prepare and retain the following documentation:

• Medical records: All treatment-related documentation related to your injury.
• An accident report or police report, if one exists. If your injury occurred at work, file a report with your employer.
• Photographs of your injuries and the scene of the accident. In a car accident, the positions of the cars on the road can be particularly revealing.
• Witness statements. Get their contact information and, later, written statements.
• Your insurance policy documents. 
• Any correspondence with insurance companies Record any telephone conversations.
• Expense receipts, to document your out-of-pocket expenses.
• Documentation of missed work and lost income.
• Your journal detailing your pain levels, emotional distress, difficulties in daily activities, and general quality of life.
• Legal documents such as retainer agreements, court filings (if applicable), and correspondence with your lawyer.

Since every case is different, keep any other documentation that you might need later.

Schedule a Legal Consultation

A consultation with a personal injury lawyer won’t cost you a dime, and they will almost certainly give you an honest evaluation. 

Because of the way personal injury lawyers charge for their services, they have no incentive to exaggerate the value of your claim. If they offer to represent you, it’s because they believe in your claim.

Investigate the Accident and Your Injuries

Let your lawyer handle this with your cooperation. Your lawyer will probably request your medical records from the hospital, for example, or speak with an expert about your case. 

Some of the critical evidence might be in the possession of the at-fault party or even a third party (cell phone records, for example, if the at-fault party was texting while driving).

Prove Negligence

Not every personal injury claim is based on negligence, but most are. To prove negligence, you need to prove the following elements of your claim:

• The defendant owed you a duty of care.
• The defendant breached their duty of care to you. 
• You suffered a physical injury.
• The defendant’s breach of duty caused the injury you suffered.
• Your injury was a foreseeable consequence of the defendant’s negligence.

In many personal injury cases, only one or two of these elements will be at issue.

Begin Settlement Talks

If your claim is reasonably strong, the at-fault party (or their insurance company) is likely to prefer settlement to courtroom litigation. Let your lawyer do the negotiating for you because insurance adjusters are savvy negotiators.

File a Lawsuit 

You may or may not need to file a lawsuit. You certainly do, however, if the statute of limitations deadline is looming. In Illinois, for instance, you typically have until two years after an accident to file a personal injury lawsuit.

Attempt Mediation

If you have filed a lawsuit, the judge is likely to push for mediation. Even if not, participating in mediation might result in an otherwise unavailable settlement.

Go to Trial or Sign a Settlement Agreement

Statistically, the odds are good that you’ll end up settling your claim. Taking your claim to trial can delay the resolution of your claim. However, make sure your lawyer has a good reputation for winning at trial. 

Ironically, this reputation can keep you out of court, as it can encourage the opposing party to settle rather than face your lawyer in court.

Do You Need a Personal Injury Lawyer?

You don’t always need a lawyer to pursue a personal injury claim. If your claim is large or complex, however, the odds are good that you will end up better off with one than without one, even after you pay your legal fees. Don’t be shy about seeking a free consultation.

Las Vegas is not immune to accidents and personal injuries. Whether it’s a car accident on the Las Vegas Strip or a slip and fall in a crowded casino, you deserve to know how to ensure you get compensated for your damages. 

A  personal injury lawyer can assist with your claim and maximize your compensation. In the meantime, there are several points to remember as you navigate your path to recovery. Be sure to do the following: 

1. Seek Immediate Medical Attention

Your health is the top priority after an injury. You should seek medical attention as soon as possible. This is true even if you feel your injuries are minor or that you did not sustain injuries at all. Some injuries are difficult to detect, while others can take days or weeks to appear. A doctor can give you a medical evaluation to check for post-accident injuries.

Not only is this vital for your health, but a doctor’s record will also be crucial evidence in your case for compensation. Medical records help you show the extent of your injuries, prognosis, and treatment plan. They can also highlight the impact of injuries on your life. 

2. Document Everything

Documentation is evidence. Be sure to document every aspect of your accident and injury. This includes taking photos of the accident scene, keeping a diary of your physical and emotional challenges, saving medical bills, and tracking any lost wages from your injury. The more detailed your documentation, the stronger your case will be. 

Other important information to record includes:

• The date and time of your injury
• A detailed description of how your injury occurred
• Names, contact details, and statements of any witnesses
• Photographs of your injuries and the accident scene
• Medication logs
• Receipts for injury-related expenses, such as medical bills, transportation to medical appointments, and over-the-counter supplies

Thorough documentation is crucial. It will allow you to show the extent of your injuries and substantiate your compensation claim. 

3. Do Not Settle Too Quickly

Insurance companies are involved in paying compensation for many personal injury claims. Avoid settling too quickly if an insurance company is involved after your injury. A quick settlement may mean you take home less compensation than you deserve.

Understanding the full extent of your injuries and their long-term implications is important before agreeing to settle your case. A quick settlement may otherwise not cover all your future expenses, including medical costs, ongoing care, or lost earning capacity. This can inhibit your ability to recover fully from any accident or injury. 

4. Understand the Statute of Limitations For Your Personal Injury Lawsuit

The statute of limitations is the legal deadline by which you must file a lawsuit for personal injury. In Nevada, the statute of limitations for personal injury claims is generally two years from the date of the injury (with some exceptions). 

You must file a lawsuit within this timeframe to ensure your claim is valid. Missing the deadline can result in losing your right to seek compensation. 

5. Hire an Experienced Personal Injury Lawyer in Las Vegas, Nevada

Navigating personal injury law can be complex. An experienced Las Vegas personal injury attorney can help and significantly impact the outcome of your case. This includes the compensation you may be awarded. 

A skilled lawyer can gather and present evidence, handle negotiations with insurance companies, and represent you in any legal proceedings. 

Schedule a Free Consultation With a Las Vegas Personal Injury Lawyer

Suffering a personal injury in Las Vegas from someone’s negligence can be a traumatic and life-altering experience. Fortunately, many Las Vegas personal injury lawyers offer free consultations. A lawyer can help you understand your rights, document evidence, and pursue fair compensation for your injuries and losses.