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Bagen Law Blog

Hiring a Personal Injury Lawyer? Why You Only Get One Chance to Get It Right

Posted by Steven A. Bagen

Sep 29, 2012 11:59:00 PM


Lawyers often times stress the importance of hiring a tough and experienced attorney to defend you and fight for you in personal injury cases. It’s understandable why you need such an attorney, considering that the opposition will be brutal. It’s unwise to go into battle, without an armor or weapon, and your experienced attorney is your shield and your sword.

That said, why do so many lawyers implore you to make a wise decision, as if your entire livelihood depends on it? On one hand, obviously, attorneys are in business to make money and they make money from you. Just think of the hundreds of cases in your own city that probably never come to trial because the plaintiffs are simply too scared or too pessimistic to come forward. Yes, sometimes, personal injury victims do need a little encouragement, a little motivation, to come forward with a complaint.

However, there is another reason—and that’s the fact that, in most cases, your first chance at compensation will also be your last chance. Why so? Personal injury cases are expensive and if a precedent is set, it will be an uphill battle to appeal. Why, consider that your attorney is not obligated to take an appeals case—unless you specifically say so in the retainer agreement. If you don’t have a retainer agreement but are working pro-bono or by percentage of winnings, then it’s highly unlikely an attorney will continue to make appeals for you on a losing case. Furthermore, some cases may be time-sensitive, in that you can only file for a lawsuit within a “reasonable” period of time.

Your best chance at winning a personal injury claim is to do all of the research first, and strategize well in advance. An experienced personal injury attorney can help you win the case thanks to his/her knowledge of personal injury laws within your county or state, the ability to negotiate fair compensation, and fair representation in court. Furthermore, grieving families and injured parties have an understandable emotional reaction what is happening. A personal injury lawyer cannot afford to be emotional, but must stick to the facts because that is what will win the case, whether it is settled out of court or goes to trial.

You absolutely should hire the right attorney the first time, because in the majority of cases, you will not get a second opportunity. Even if you do get a second chance, your percentage of winning will decrease. Use the momentum to your advantage—hire Steven A. Bagen & Associates the first time and win!

Topics: Personal Injury, Personal Injury Law