What does a personal injury lawyer do?
Personal injury lawyers help people who have been hurt because of someone else's carelessness: in road accidents, at work, on someone else's property, or by a defective product. They investigate the claim, deal with insurers, value your losses and, if needed, take the case to court.
Contingency fees
Most US personal injury lawyers work on a contingency fee. You pay nothing upfront, and the lawyer takes an agreed percentage of any settlement or award, commonly around one third, and sometimes more if the case goes to trial. Ask how case costs (such as expert and filing fees) are handled, and whether the percentage is calculated before or after costs.
Deadlines and fault rules
Each state sets a statute of limitations for injury claims, often two or three years, but sometimes shorter, especially for claims against government bodies. States also differ on how fault affects your claim. Most reduce compensation in proportion to your share of the blame, while a few bar recovery if you were even slightly at fault. A local lawyer will know the rules where the accident happened.
How it works in Europe
Across Europe, compensation for road accidents is usually claimed from the at-fault driver's motor insurer. If you are injured in another EU country, the Motor Insurance Directives let you deal with a claims representative in your home country. Contingency fees are restricted or banned in several European countries, so ask each lawyer how they charge, and whether legal expenses insurance covers you.
Questions to ask before you hire a personal injury lawyer
- What percentage do you take, and is it worked out before or after case costs?
- Who pays for medical reports and experts if we lose?
- Have you taken cases like mine to trial, or do you mostly settle?
- How long do you expect it to take before we know what the claim is worth?