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The relationship you develop with your personal injury attorney will make a big difference to the outcome of your case. Asking your attorney the right question can often spark a discussion that helps maximize the value of your case. Maintaining communication with your lawyer will increase your chances of resolving your case as quickly as you can. Your attorney probably has a lot on his plate. You have only one. Do not feel that you are bothering the attorney by calling with questions. Our clients’ questions help us to develop strategies and remain focused on resolving your case in the most efficient way possible. Here are ten of the most important questions to ask your lawyer to get the best value for your case.
- What strategy do you use to get the maximum value from the case?
- What is your strategy for getting the case resolved as quickly as possible?
- How are you going to prove that the defendant is at fault?
- How are you going to prove the value of my future medical treatment?
- How are you going to prove the extent of my pain and suffering?
- Did you do jury verdict research in my case?
- How do you value my case?
- What are the facts about my case that you find worrying? How can we help you overcome your worries?
- What other diagnostic studies or treatments should I explore?
- What is the best way to decide if we settle my case out of court or not?
What Is Your Strategy to Get the Full Value for the Case?
The first question concerns strategy. A lawyer’s strategy should be geared towards maximizing the value of a case. The majority of lawyers send demand letters before filing a suit, but this is not always the best strategy. The strategy must be tailored to your specific situation. Ask your lawyer for specifics about the content of the letter. A good demand letter is accompanied by supporting evidence. It is important to have supporting evidence. The demand letter is important, but it’s not as important as the evidence. You can ask your lawyer to provide you with the evidence that they plan to include in the demand letter. Later, we’ll talk more about that.
What Is Your Plan to Resolve the Case as Quickly as You Can?
A demand letter may not be the best option in all cases. Demand letters are unlikely to resolve cases of high value or complex liability. I would recommend filing a suit sooner rather than later. In these situations, sending a demand letter for a settlement will only delay the case. Your lawyer can file a motion with the court for a trial date once the lawsuit has been filed, served, and answered by your defense. Most judges will order the parties to attend a mediation session within six months in response to this motion. Around 75% of cases that are sent to mediation settle at mediation. The numbers show that the average settlement value for cases settled with pre-suit demands is higher than when we litigate. Your lawyer should at least consider filing suit without sending out a settlement demand.
How Will You Prove the Defendant’s Fault?
Some lawyers do not like cases in which there is a questionable liability. I think it’s a bad idea. The case value increases when the defense denies responsibility, but you can prove that they are wrong. It’s, therefore, important to secure the evidence of liability as quickly as possible. When available, I like to include pictures of all the vehicles, photos of the accident site, police reports, and witness testimony. We often hire accident reconstructionists or slip and fall specialists to provide expert opinions to determine liability. You may only be able to get the evidence that you need by filing a suit and obtaining it during discovery. In some cases, I didn’t have any evidence to back up my client’s argument for liability until I filed a lawsuit and obtained the videotape or other evidence, which was only available through the defendant. Some personal injury lawyers won’t do this, but I believe that is a mistake. The defendant often has all of the evidence and will only give it to you when the court demands it.
How Will You Prove the Value of Future Medical Treatments?
It is a common issue that personal injury lawyers ignore or gloss over, but it is one of the most crucial aspects of a case. In one case, the defense offered to settle for $40,000, but I refused because my client needed pain management injections that she would need throughout her life. My demand was rejected by the insurance company, and we had to go to trial. My client was awarded not only $50,000 in past medical expenses but also $96,000 in future bills. This brought the verdict up to almost $150,000. Each demand letter and mediation should include the doctor’s opinion on the client’s future medical requirements and the estimated costs of those needs throughout the client’s lifetime. The doctor’s report should not be boilerplate. The report should be tailored specifically to the client’s situation.
How Will You Prove My Suffering and Pain?
Evidence is used by insurance adjusters to evaluate claims. The adjuster should know if your injury has caused you to be unable to perform the activities you once did or to have to change your routine. In addition to your medical records, ask your lawyer how to best document your injuries. I sometimes take the witness statements of people who know my client very well. Sometimes, I suggest that my client keep a daily journal. Sometimes, I suggest that my clients record themselves doing different activities. You should discuss with your attorney how to best prove your pain with evidence that will persuade your adjuster.
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Have You Done Jury Research in My Case?
Lawyers for personal injury should not simply calculate the value of your claim. The lawyers should do research on the case and compare it to similar cases to determine what verdict ranges were reached. It’s similar to evaluating a home. We use comparables. We compare similar facts with similar injuries in the same location and look at the jury trial results. As my firm has done research on jury verdicts in numerous types of cases, I can refer clients to this research. Some of it is available on our website. We often tailor our research to the specific circumstances of each client. You can be sure that your lawyer will have done the research and taken the time to consider the value of your case if you ask them to do it for you.
What Are the Factors That Go Into Valuing My Case?
Clients should also be aware of the factors that determine the value of a case. This will allow them to participate in the process of gathering evidence for their case. Each case is unique, but liability, damages, and causation are the three main factors in a case assessment. First, your personal injury lawyer must prove that the defendant is negligent. It is important to consider how easily this can be proved. Another factor to be considered is if the defendant can prove that you are also at fault. Second, your attorney must prove the extent and severity of your injuries. This is usually done with the help of doctors’ opinions, before/after witnesses, and expert witnesses. Another factor is the degree to which your attorney can prove your injuries. Causation is the last factor. Your attorney for personal injury must prove the defendant’s negligence was responsible for your injuries. You can also use this factor if the defendant’s negligence aggravated a pre-existing injury. Many other factors can affect your case. It’s best to discuss with your lawyer which ones will be most important.
What Are the Facts in My Case That You Find Worrying? What Can We Do?
Every case is not perfect. I have been working in the personal injury industry and have never seen a case without some issues. Your lawyer must identify these problems and then take steps to resolve them. Find out from your lawyer what defenses you can expect to be used by the insurance company.
What Other Diagnostic Studies or Treatments Should I Consider?
Medical evidence is the key to winning cases for personal injury lawyers. You won’t receive the full value of your case if you don’t properly document any symptoms. Documentation is important for many injuries. This includes objective evidence such as x-rays, MRIs, nerve conduction tests, diffuse tensor images, CT scans, and more. The value of a case is greatly affected by the objective evidence of an injury. The type of treatment that you receive can also make a huge difference to the value of your case. Cases with only conservative treatment are the least valuable. The value of cases increases when treatment includes injections, surgery, nerve ablation, or other invasive procedures. Invasive procedures impress insurance companies and jurors. Actions speak louder than words. You have suffered a serious injury if you’re in such pain that you’re willing to undergo injections or surgery. Injections are usually less valuable than surgery, but not always. A good lawyer won’t try to convince you to have procedures that you don’t need. If you’re in severe pain that is affecting your quality of life, speak to your lawyer. They may suggest pain management injections.
How Will We Decide Whether or Not to Settle the Case?
Your personal injury lawyer should be able to explain to you how he or she decides whether to litigate or settle a case. It all comes down to the settlement offered by the insurance company. This decision can often be made before any settlement offers are on the table. I test the waters to see if insurance companies are willing to negotiate. In a complex liability case where the defendant denies fault, I will present my evidence and call the adjuster to have a conversation. I will file a lawsuit if the adjuster refuses to accept liability. We need them to know that we are serious. I will file a lawsuit if the adjuster refuses to consider future medications in a case where the future treatment is going to be significant. It’s important to discuss with your lawyer if they have considered filing a lawsuit before sending you a settlement request. Find out the bottom line that your attorney recommends when negotiating with the adjuster. You and your lawyer should discuss this before negotiations begin.
Asking your lawyer these questions will increase the likelihood of you getting the result you desire. If you are a W. Lee Clark & Associates client, feel free to contact your attorney at any moment. You can reach me, W. Lee Clark, if you are unable to contact your attorney for any reason. It is my pleasure to serve you.
