How to Choose a Personal Injury Attorney

Choosing the right personal injury attorney can ensure that your case gets settled in the most advantageous manner for you. The U.S. Federal Trade Commission offers How to Choose a Personal Injury Attorney .

Look for a lawyer who has experience and a good record settling personal injury cases. Some of the ways to find an attorney who specializes in auto accident settlements include:

• Ask friends, family and associates.
• Call your state bar association.
• Check with a lawyer referral service.
• In states that allow lawyers to advertise, you may find one through an ad.
• Interview more than one lawyer before deciding who will represent you.
  Most personal injury attorneys offer a free initial consultation.
• Discuss all fees and costs at your initial consultation.
  Get any details in writing before you make a commitment.
• Choose a lawyer with whom you feel comfortable discussing your case and with whom you can be honest.

How to Choose a Personal Injury Attorney

The more information your attorney has about your case, the more quickly and completely you can be compensated for your medical expenses and pain and suffering.

To ensure a complete, speedy resolution to your case, make sure your lawyer has all the information and documentation he needs to pursue a settlement. That information may include:

• Your vehicle, insurance, and driver’s license information.

Details of the accident, including:

• Date, time, location.
• Weather and traffic conditions.
• Information about other vehicles, drivers and passengers.
• Names and contact information for witnesses and copies of any accident or incident reports filed.
• Copies of traffic tickets written at the scene and information about any charges brought against drivers involved, including DUI charges.
• Physician report and medical records related to the accident.
• X-rays and test results related to injuries from the accident.
• Information about pre-existing conditions or injuries that may have been exacerbated by the accident.
• Record of expenses for ongoing medications, treatment, and therapies.
• Any other expenses incurred because of the accident, including transportation costs.
• Documentation of days, hours and wages lost because of the accident.
• Copies of all correspondence with insurance companies related to the accident.

It may be helpful to keep a personal injury diary to note appointments, expenses, contacts with the insurance company and your general feelings and medical condition following the accident.

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At-Fault and No-Fault Accidents

Determining fault in a car accident is a matter of figuring our the degree to which each driver involved caused the accident. Determining fault is done according to state law where the accident took place. Each state’s rules vary, and so the best option is to contact a local car accident attorney for the rules in your state.

States are divided into two main categories of how they deal with fault in automobile accidents, although there is significant variation within the categories. Most states are fault states. This means they have a tort liability system of auto insurance. This means that the driver who caused the accident, or his insurance company, is responsible for all damages to other parties involved in the accident. This may seem like a fair way to handle it, but it has the unintended consequence of clogging the legal system with accident claims. After all, if an at-fault driver denies he was at fault(and why wouldn’t he?) there is no other avenue besides court to force him or his insurance company to pay.

At-Fault and No-Fault Accidents

In response to the massive legal costs of determining fault, some states have shifted to a no-fault system of At-Fault and No-Fault Accidents for handling accidents. There are currently twelve states with no-fault systems: Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, and Utah. In these states they have eliminated many of the long and costly court battles that plague fault states.

In no-fault states, drivers to do not have to prove that someone else caused the accident in order to be reimbursed for costs from their insurance company. His insurance company usually pays all medical bills automatically. These states require minimum levels of personal injury insurance, shifting the cost of medical damages from the insurance company of the at-fault driver to the insurance company of the injured party. The trade off is that injured drivers cannot sue for pain or inconvenience damages unless his or her medical bills cross a certain threshold or the injury is deemed “severe” by state law. Damage to the car and other property, however, is still based on fault.

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