Your civil case lawyer is someone you've hired to do a job. You have the right to keep an eye on their work. You also have the right to know what's going on during each step of your injury case.
By the same token, your civil case lawyer has a job to do and they shouldn't be pestered all the time. You aren't their only case. They have lots of other people to talk to besides you.
There are things you should be doing to ensure your lawyer is working in your best interest. You need to make sure that your personal injury case is progressing as expected and that your time and money aren't wasted.
When checking in with your civil case lawyer, you should use the same approach as when you checked in with the insurance adjuster. Be firm but polite. Don't harass them, but make sure you check in regularly to see what's going on.
All of this can take place over the phone, but you won't have to send confirmation letters after each call. If you haven't heard back in a week or two, then check in and find out what's happening next. If they're waiting to hear from the insurance company, find out when they expect to hear back and phone again right after.
There are two big reasons you don't want to pester your attorney:
First, you want them to like you. If they are tired of dealing with you, they may encourage you to settle quicker than you should. What better way to get you out of their hair?
Second, if you're paying by the hour, every phone call will be billed to you. Even if the call only lasts a couple of minutes they'll bill you for an hour, or a substantial portion of an hour.
Your accident lawyer may need to bring in outside help when handling your case. This can be anyone, including a doctor to examine your medical records or a private investigator to check into the defendant's history.
When you hire your lawyer, discuss these types of costs. Be sure to state that you're to be consulted before such actions are taken. Doctors and investigators will cost money and those are expenses you'll ultimately pay. It's your right to decide if it's truly necessary to your case.
You should also keep a watchful eye out when it comes time to settle. This is something you'll constantly have to re-assess. If the lawyer is being paid by the hour, they won't care how long you drag things out.
You, however, will need to keep that kind of thing in mind. Even if the lawyer is working on a contingency fee basis, there are still expenses that add up over time.
Because of this, a $10,000 settlement awarded right away is worth far more than the same amount after four months of legal work. You and your civil case lawyer should have a settlement goal in mind from day one, but you must let them know if that goal changes.
Lastly, you should be aware of if or when it's time to actually file a personal injury lawsuit. Without a formal lawsuit, there's not much the insurance company can do to you except deny your demands. Once a lawsuit is filed, they can put you and your lawyer through a lot of work. They'll want interviews, records and statements from everyone and everything. This will leave you with skyrocketing bills.
In fact, this process can get so expensive and lengthy that your contingency fee may increase if a lawsuit ever gets filed. Again, this is something you want to discuss with your attorney before making any decisions.
New! Comments...