How to Choose Between Multiple Personal Injury Lawyers

After an accident, you may speak with several attorneys before deciding who should represent you. That can be a smart approach. But once you have several options, how do you choose a personal injury lawyer who is right for your case? The answer involves more than comparing advertisements, websites, or promises. Personal injury cases can last months or even years, and the attorney you hire may play an important role in your financial recovery and your experience throughout the legal process.

When comparing personal injury lawyers in Massachusetts, look at their experience, communication, resources, approach to litigation, and experience with cases similar to yours.

How Do You Choose a Personal Injury Lawyer?

To choose a personal injury lawyer, start by looking beyond the firm’s marketing.

A lawyer may have an impressive website or appear frequently in advertisements, but those things don’t tell you how that attorney will handle your particular case.

Instead, ask questions about the lawyer’s actual experience.

How long has the attorney practiced personal injury law? What types of cases does the firm handle? Has the attorney handled injuries similar to yours? Does the firm have experience taking cases to trial?

The answers can help you compare attorneys based on substance rather than visibility.

Look for Experience With Your Type of Injury Case

Personal injury law covers a broad range of claims.

These can include motor vehicle accidents, premises liability, medical malpractice, defective products, catastrophic injuries, wrongful death, and injuries involving children.

Different cases can require different legal knowledge and resources.

A lawyer who primarily handles relatively straightforward automobile claims may not have the same experience needed for a complex product liability or catastrophic injury case.

Before hiring someone, ask how often the firm handles cases like yours and what experience its lawyers have with the issues your claim presents.

Our article Do Personal Injury Lawyers Work on All Types of Cases? explains why a firm’s experience with different types of personal injury claims matters when selecting an attorney.

Ask Who Will Actually Handle Your Case

This is one of the most useful questions you can ask.

You may meet with a senior attorney during your initial consultation, but that does not necessarily mean that person will handle your case from beginning to end.

Ask:

Who will be my primary attorney?

Who will communicate with me?

Who will negotiate with the insurance company?

Who will appear in court if litigation becomes necessary?

Will other attorneys or staff members work on my case?

A law firm may use a team approach, which can be beneficial. The important thing is knowing who will be responsible for your case and how the team works together.

Compare the Lawyers’ Trial Experience

Most personal injury claims settle rather than go to trial. That does not mean trial experience is irrelevant.

Insurance companies and defense attorneys know which firms are prepared to litigate cases when necessary.

Ask each lawyer about experience with lawsuits, trials, and complex negotiations.

You don’t necessarily need an attorney who wants to take every case to court. You want someone who can negotiate effectively but is prepared to pursue litigation when a reasonable settlement cannot be reached.

Swartz & Swartz states that its practice includes accident, catastrophic injury, wrongful death, medical malpractice, and product liability claims and describes James A. Swartz as a trial attorney.

Pay Attention to Communication

When you choose a personal injury lawyer, consider how the attorney communicates during your initial conversations.

Did the lawyer listen to your concerns?

Were your questions answered clearly?

Did you feel rushed?

Were complicated legal issues explained in language you could understand?

Did the attorney discuss potential weaknesses in your case as well as its strengths?

Be cautious when an attorney seems more interested in getting your signature than understanding what happened.

Good communication doesn’t mean your lawyer will call every day. It means you should understand how updates will be provided and whom to contact when you have questions.

Don’t Choose a Lawyer Based Only on Advertising

Advertising can introduce you to a law firm. It shouldn’t make the decision for you.

Television commercials, billboards, online ads, and search rankings tell you very little about how an attorney will actually approach your claim.

Research the lawyer after seeing the advertisement.

Look at the attorney’s background, practice areas, experience, and professional history.

Our article How to Tell If a Well-Advertised Lawyer Is Right for You discusses what you should consider when evaluating heavily advertised law firms.

Check the Attorney’s Massachusetts Registration

You can also verify an attorney’s professional information through an independent source.

The Massachusetts Board of Bar Overseers provides a public attorney lookup tool. Its website allows users to search attorneys by information including name, BBO number, and firm location.

Understand the Fee Agreement

Personal injury lawyers commonly represent clients under contingency fee agreements. However, you should still understand the specific agreement before signing it.

Ask the attorney to explain:

• How the attorney’s fee is calculated
• Whether the percentage can change if litigation begins
• How case expenses are handled
• Whether expenses are deducted before or after the attorney’s fee
• What happens to expenses if there is no recovery

Don’t be embarrassed to ask questions about fees. You’re entering a professional and financial relationship, and you should understand its terms.

Consider the Firm’s Resources

Some personal injury cases require substantial investigation.

A complex claim may involve medical specialists, engineers, accident reconstruction experts, economists, investigators, or other professionals.

Ask whether the firm has the resources to investigate and pursue your type of claim.

This can become especially important in cases involving catastrophic injuries, defective products, medical negligence, or wrongful death.

The lawyer doesn’t need the biggest office in Boston. The firm does need the resources necessary to handle your case properly.

Be Cautious About Guarantees

No responsible attorney can know the exact outcome of a personal injury case at the first consultation.

The value and outcome of a claim can depend on medical evidence, liability, available insurance, future treatment, witness testimony, expert analysis, and many other factors.

Be cautious if an attorney guarantees a particular settlement or promises that you will receive a specific amount before thoroughly investigating the case.

A better attorney will explain both the strengths and uncertainties involved.

Ask How the Lawyer Approaches Settlement Offers

Another useful question is:

How will we decide whether to accept or reject a settlement offer?

Your attorney should be able to explain how offers are evaluated and how factors such as medical expenses, future care, lost income, pain and suffering, and liability can affect negotiations.

The decision to settle ultimately belongs to the client.

If you’ve already received an offer, our article Should I Accept the First Settlement Offer? explains several issues to consider before agreeing to a settlement.

What Questions Should You Ask During Consultations?

You don’t need to conduct an interrogation worthy of a courtroom drama. A few direct questions can tell you a great deal.

Consider asking:

• How much of your practice involves personal injury law?
• Have you handled cases similar to mine?
• Who will handle my case?
• How will you communicate with me?
• What challenges do you see with my claim?
• Do you have trial experience?
• How does your fee agreement work?
• What happens if the insurance company refuses to make a reasonable offer?

Pay attention to the quality of the answers, not just the confidence with which they’re delivered.

Should You Meet With More Than One Personal Injury Lawyer?

You can.

If time and applicable legal deadlines permit, speaking with more than one attorney can help you understand your options and compare firms.

You may find that one attorney has more experience with your particular injury. Another may explain the process more clearly. One firm may have resources better suited to a complicated case.

The goal isn’t to interview as many lawyers as possible. It’s to gather enough information to make an informed decision.

What If You Already Hired the Wrong Lawyer?

Sometimes problems become clear only after representation begins.

Perhaps communication has broken down. Maybe you no longer have confidence in the relationship. Or you may have concerns about how your claim is being handled.

Changing attorneys may be possible depending on the circumstances.

Read Can I Change Lawyers in the Middle of My Case? for more information about factors to consider before making a change.

Frequently Asked Questions

How do I choose a personal injury lawyer?

Look at the attorney’s experience with your type of claim, communication, litigation experience, resources, fee agreement, and approach to your case. Don’t make the decision based only on advertising.

Should I interview several personal injury lawyers?

You may benefit from speaking with more than one attorney, particularly if you have a serious or complex claim. Comparing consultations can help you understand how different firms would approach your case.

Should I hire the lawyer with the biggest settlement results?

Past results can provide useful information about a firm’s experience, but they should not be your only consideration. Every case has different facts, injuries, insurance coverage, and legal issues, and past results do not guarantee a similar outcome.

Is the biggest personal injury law firm always better?

No. Size alone doesn’t determine the quality of representation. Consider the firm’s experience with your type of case, resources, communication, and who will actually handle your claim.

Should I hire the lawyer who promises me the most money?

Be cautious about promises concerning specific outcomes. An attorney usually cannot responsibly determine the exact value of a claim without reviewing the evidence and understanding the extent of the injuries.

What should I bring to a personal injury consultation?

If available, bring accident reports, photographs, insurance correspondence, medical information, witness information, and other documents related to the incident. Don’t worry if you don’t have everything yet.

Choose a Personal Injury Lawyer Based on the Right Factors

When you choose a personal injury lawyer, you’re choosing more than a name on a website. You’re selecting the person or team that may investigate your accident, communicate with insurers, evaluate settlement offers, and potentially present your case in court.

Look for relevant experience. Ask direct questions. Understand the fees. Pay attention to communication. And make sure you’re comfortable with the people who will actually handle your case.

At Swartz & Swartz, P.C., our attorneys represent injured individuals and families in Boston, throughout Massachusetts, and beyond. The firm handles matters including catastrophic injuries, wrongful death, medical malpractice, product liability, and other injury claims.

If you have been injured because of someone else’s negligence, contact Swartz & Swartz for a free consultation to discuss your situation and legal options.

Need Help?

If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.