Firstly, a person would definitely want somebody who specialized in special injury. I often hear from clients who are 6 months or a year into their case that they hired somebody who was not a specialist in that field. They ended up with problems.

Sometimes, attorneys who practice other areas of law will get a phone call or referral for an injury case. It is a misperception, even among attorneys, that these cases are easy money. It is a misperception that they are not hard to do.

Thusly, they would take the case thinking they would be able to get some easy money. However, they end up either destroying the case or putting the case at a standstill because of lack of knowledge.

The client eventually realizes what is going on. He must ultimately get somebody else to take over the case or deal with whatever happened.

What Are Some Things An Attorney Could Ask Their Client?

The attorney would like to know exactly what happened, what the client was doing, what the vehicle was doing, and where the accident occurred. For example: was it on private property, on a street, on a sidewalk, in a crosswalk, etc.

The attorney would inquire about what the injuries were and what kind of medical care the client had been receiving. He would want to know what you’re looking at in terms of damages.

Are People Hesitant To Hire An Attorney Because It Will Be Expensive?

Yes. This is usually one of the initial questions someone asks when he sees an attorney for any type of personal injury matter, regardless of the type of injury. People want to know what the attorney’s fees are, if they must pay anything upfront, and what it would cost them in the long run.

It calms their nerves when they find out this is on a contingency basis. Many people do not have the money to hire an attorney, and a lot of transactional things involving attorneys are quite expensive.

People who have experience with a criminal matter, a divorce, a business dispute, a real estate dispute, a probate, or anything like that know that they must show a large amount of money upfront to receive representation. They must pay a retainer upfront in order to secure the attorney’s time.

However, everything is on a contingency basis in a personal injury matter. This levels the playing field for the victims of accidents because they can obtain competent counsel, regardless of their financial situation.

Do Attorneys Receive Payment For Bicycle Accidents Based On A Typical Contingency Fee?

Yes. Attorneys are paid on a contingency basis. They typically receive a third of the settlement if they settle pre-litigation.

This would go up to 40 percent if they had to file a lawsuit and take the case to trial. In California, the fees for minors who are victims of an accident are kept at only 25 percent versus the 33 percent.

Why Is It Different For Minors?

The intent of the law is to protect children and to compensate them more fully for the accident. Unfortunately, this often has the opposite effect because attorneys are less inclined to take a child case, especially if it was a difficult liability case.

The attorneys would be less inclined to take cases if they were not going to get the full fee that they would for another matter. The law is designed to protect the children, but under some circumstances, it has the adverse effect. It limits the number of attorneys wanting to represent minors.

Can A Relative Call The Attorney If Someone Was In A Hospital Bed With An Injury?

Yes. If someone were hurt so badly that they were lying in a hospital, then yes, I would definitely recommend getting an attorney involved. The insurance company will not deal with the person fairly, and they will not offer the compensation that would be deserved, especially for this serious injury.

Some situations involve minor injuries. For example, let’s say a teenager is knocked off his bike and hurts his knee. The parents will call the attorney because the insurance company would have contacted them asking what they wanted to do with it.

In that situation, I would ask if the child was okay. A bruised knee is usually fine. I would call the insurance company back and send them some pictures of the bruise near the skin and near the broken rim on the bike. I would ask them to give their best offer. See what they say.

If someone wanted some further advice, then he could contact me.

The person could probably resolve a minor case with the insurance company alone. However, a person should definitely get an attorney involved if an injury requires ongoing treatment, medical care, time off from work, lost income, etc.

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