If someone harms you or makes you ill, you can probably sue them. If you do, you’re entering an area of the law called personal injury. Maybe you know someone who has sued a person or entity who hurt them. Perhaps you know a person who someone else sued.
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Either way, you should understand that you need a competent attorney if you’re going to win a personal injury lawsuit. Inexperienced lawyers probably don’t have the tools you need, and they might cause you to lose your case, even if you have plentiful evidence that proves what you allege happened.
In this article, we will discuss some of the reasons why choosing the wrong personal injury lawyer can cause you not to get the settlement you deserve. Doing so can also make you get a much smaller settlement offer in some instances.
Your Lawyer Must Project Confidence and Competence
Let’s say you have a situation where a person or a business entity hurt you or made you sick. Maybe a doctor operated on the wrong body. If so, that’s medical malpractice.
Perhaps a driver plowed into your vehicle while driving drunk. Maybe you slipped and fell while in a store, in which case, you have a premises liability suit on your hands.
No matter what reason you have to sue someone, if you feel sure that they hurt you, and you can tie them to a specific action or inaction that caused harm, then hiring the right lawyer can give you a distinct advantage as you get a lawsuit ready.
That means locating an attorney who has experience with many of these cases and has won them all, or at least most of them. The lawyer you hire should project an aura of complete authority.
To some extent, suing someone becomes an intimidation game. When you notify them that you’re suing them, they have a chance to get their own counsel and to prepare.
Your lawyer and the defendant’s legal counsel will meet. When they do, they will size each other up. At this point, your attorney’s reputation will come into play.
If you hired a lawyer with a stellar reputation, then the defendant’s counsel may tell their client they should settle before things proceed very far. If they know that you’ve hired the best counsel within hundreds of miles, then they may explain to their client that going to trial won’t have a positive outcome.
However, if you got a lawyer who doesn’t project confidence, and it’s clear that they’ve never done anything like this before, then the defendant’s lawyer will immediately notice that. Even if you have plenty of evidence, they may tell their client that they should offer you a much smaller settlement amount than they otherwise would.
You may feel compelled to take that much smaller amount of money if you don’t have confidence that your lawyer can get you more. You may walk away with some cash, but not enough to make you feel that you got justice for your injury or illness.
Your Lawyer Must Know How to Collect Evidence
Also, your lawyer must have an investigative team on their side who can uncover plenty of evidence that proves what you say happened. They might find eyewitnesses who you can put on the stand so that they can testify on your behalf. They may find video or photo evidence that proves your case, if any exists.
If you pick the wrong lawyer, though, then they will probably not have the resources you need to provide irrefutable proof that this person or business entity hurt you or made you ill. Again, that might convince the defendant’s lawyer that they should tell their client they should offer you a much smaller settlement amount.
Even if you know beyond a doubt that this person or company harmed you, you still need to prove it. If your lawyer can’t come up with enough evidence, then winning your case or getting a significant settlement offer becomes a remote possibility.
A Lawyer Who Doesn’t Know the Law Won’t Help Your Cause
You may also hire a lawyer who just passed the bar, or maybe one who has worked in the legal profession for a long time, but doesn’t know much about the personal injury niche. That can prove disastrous as well.
Your lawyer should know this area of the law to the point where they can recite it chapter and verse. Again, it goes back to projecting absolute authority.
If the opposing counsel sees that your lawyer misses some obvious chances to file motions that will help you, that will let them know that you’re using inferior representation. You can feel sure they will try to take advantage and offer you less money if their client gives them the okay.
The Opposing Counsel Will Assess Your Lawyer’s Abilities
When the two sides meet, that’s when your lawyer and the opposing counsel will assess each other’s abilities. They’ll do so through words, actions, and even by judging the other attorney’s appearance.
If your lawyer shows up looking hung over or disheveled, the opposing counsel will probably know they have the advantage. They will press it in any way that they can.
In this respect, it’s just like hiring a plumber who doesn’t know their job, or a roofer, an electrician, or any other skilled tradesperson. Finding a lawyer who says they’ll charge you less or going with the one who’s closest to you can completely torpedo your chances of getting the settlement offer you want.
In some instances, even though few of these cases normally go to trial, your lawyer might fail to impress the opposing counsel to the point where they tell their client they should not give you a settlement offer.
If they think that your lawyer will probably bungle a jury trial based solely on their appearance, they might try the bold gambit of not offering you anything.
Choosing The Wrong Personal Injury Lawyer Can Cause Costly Mistakes
Choosing the right personal injury lawyer can make all the difference in the outcome of your case. Avoiding common mistakes like hiring the wrong type of lawyer, neglecting to research their track record, or falling for empty promises ensures you’re in capable hands.
By taking the time to find a lawyer who aligns with your needs, communicates effectively, and has a proven history of success in personal injury cases, you’ll set yourself up for the best possible results. Remember, the right lawyer isn’t just an investment in your case but in your peace of mind and recovery.
