Choosing a lawyer

After a car wreck, you may wonder whether you need a lawyer. If you were not injured in the collision and the insurance company is taking care of your property damage, then you probably do not need a lawyer. There are exceptions, but for the most part you will not need to hire an attorney for a property damage claim.

When you need a lawyer

The other guy's insurance company is represented by an adjuster. The adjuster is a professional, is licensed as an adjuster by the State of Texas, has received a great amount of training and advances within the company by paying you the smallest amount he can get away with. Unless you are also an adjuster or an attorney with experience in handling auto collision cases, you are not on equal ground. If an adjuster rushes to settle your bodily injury claim while you are still being treated by the doctor, you need a lawyer. If an adjuster tells you that you don't need a lawyer because he is going to pay you the same amount anyway, you need a lawyer. If the adjuster tells you that a lawyer is just going to charge you a third or more of your settlement and that you are going to get more by settling now, you need a lawyer. If the adjuster says that it takes two to tango and two to make a collision so he is going to assign 50% fault to you and reduce any settlement by half, you need a lawyer. If the adjuster says that he talked to a witness listed on the accident report and the witness says you were partially at fault, you need a lawyer. If the adjuster says that he ran you through the computer and you had a similar accident in the past (or too many accidents, or a recent accident), you need a lawyer. If the adjuster says that his company does not pay much on "soft tissue" injuries, but he could offer you a little, you need a lawyer. If the adjuster is critical of your doctor, you need a lawyer.

Finding a lawyer

All lawyers look alike to the consumer. Sure, they look different on the outside, but the average person has no way of knowing whether an attorney is experienced in the type of case which presents itself or whether he will handle the case all the way to trial.

Experience: Someone may be a terrific divorce lawyer, but completely out of his element in a personal injury case. You want the right kind of experience when you are choosing a lawyer.

Settling lawyers v. Trial lawyers: If you have been in a serious automobile collision, you do not want to accidently choose a settling lawyer. A settling lawyer is one who never takes a case to trial. The settling lawyer lets a paralegal or secretary handle your case. He is often an advertiser on TV and has a large ad in the Yellow Pages, gathering up large numbers of injury cases so he can keep his paralegals busy. If he cannot get your case settled, the settling lawyer will return the file to you and tell you to choose someone else. If your case is significant enough, he may refer you to a trial lawyer.

The insurance industry likes statistics. They have numbers for everything and they know who the settling lawyers are. They also know who the trial lawyers are and treat them with a wariness that is good for your case. A trial lawyer on your side means that the adjuster risks a lawsuit against his insured if he fails to evaluate the claim fully and fairly. A trial lawyer on your side means an investigation or evaluation focused on what evidence will be admissible in court.

Word of mouth is the best way to find a lawyer. If you have a friend, family member or co-worker who was similarly injured and was represented by an attorney, ask if they were satisfied with the skill and quality of that representation. The problem is that often, even your closest friends will not be completely candid with you, or perhaps were not even aware that they were not well represented.

The only objective measure available for consumers is board certification and this can be a very good tool for locating an attorney or deciding between two attorneys. The Texas Board of Legal Specialization administers a program of certification for 15 recognized legal specialties, one of which is Personal Injury Trial Law. The board certified Personal Injury Trial Lawyer is experienced, has taken at least ten personal injury cases to a jury verdict, has been through both a judicial and peer review evaluation, has been evaluated by opposing counsel in contested cases, and passed a day-long written examination encompassing evidentiary, procedural and substantive personal injury law questions given in both objective and essay examination styles.

If you have been in a serious automobile collision, choose a Board Certified Personal Injury Trial Lawyer.