How to Choose the Right Catastrophic Injury Lawyer for Your Case Choosing a lawyer after a catastrophic injury is probably the most important decision you can ever make about your future. Such injury, whether traumatic brain damage, spinal cord damage, amputation, or severe burns, brings long-term physical, emotional, and financial changes in your life. Such a catastrophic injury is very complex and thus calls for the legal representation of an attorney who specializes in a case. You are therefore assured of getting the right compensation for medical bills, lost wages, pain and suffering, and care in having the best catastrophic injury lawyer. This guide will tell you the most important steps and considerations as you seek the right lawyer for your case.
1. Understand the Nature of Catastrophic Injuries
The need to define and understand what is a catastrophic injury, prior to discussing how to choose an attorney, is as follows: A catastrophic injury is generally defined as that which permanently prevents an individual from engaging in any gainful activity. These injuries are critical, lifelong, and may be associated with long-term rehabilitative care multiple surgeries, and other care for life.
The most common types of catastrophic injuries include:
- Traumatic Brain Injuries (TBI)
- Spinal Cord Injuries (resulting in paralysis)
- Amputations
- Severe Burns
- Multiple Bone Fractures
- Organ Damage
Since such injuries often are permanent and result in severe, long-term implications, it is crucial to have an attorney who is thoroughly aware of the medical and financial aspects of the case in addition to being well-equipped to understand the legal impediments toward achieving just compensation.
2. Look for Experience with Catastrophic Injury Cases
Of course, catastrophe injury handling experience is a prerequisite for the attorney since not all personal injury attorneys can handle catastrophic injury cases. The stakes in such claims are much higher, largely because of the extent of the medical care required, and compensations granted for the damages are very large. Your attorney must have experience dealing with large-scale claims, as well as the specific calamities of catastrophic injuries:
- Understanding associated medical terminology and treatments
- Correct calculation of long-term financial impact of the injury
- Good communication with the insurance companies to negotiate huge settlements
- Serious litigation in case it goes for a trial
Identify for how long the lawyer you are considering has dealt with cases of a similar nature. Try to find out their success rates. An experienced catastrophic injury lawyer will be in a position to properly evaluate your case, gather evidence necessary to corroborate the argument, and develop an argument that maximizes your compensation.
3. Investigate their reputation and reviews of clients
A lawyer’s reputation in the legal community and with former clients is an important consideration. Look at online reviews and testimonials from clients who have sustained similar types of catastrophic injuries. While no attorney can promise a perfect outcome for every client, repeated good comments reveal much about how they manage cases, engage their clients, and deliver results.
You can also check out any disciplinary actions or complaints lodged against the attorney through your state’s bar association. If an attorney has a record of client complaints or ethics violations, then that is something you should be informed about.
Aside from searching online, don’t be afraid to ask for references directly from the attorney. Speaking with former clients will give you valuable information about what it is like working with the attorney, including:
- How well they communicated throughout the process
- Their professionalism and responsiveness
- How they handled the financial and emotional aspects of the case
- Whether the outcome was satisfactory
A lawyer with a good reputation will have no problem providing references and showing a record of success.
4. Evaluate Their Resources and Legal Team
Catastrophic injury cases by their nature are inherently both complicated and resource-intensive to pursue most effectively. Accordingly, the lawyer or law firm handling such cases must have access to medical experts, investigators, economists, and other specialists helpful to a strong case.
It would also be useful to know what resources the attorney had at their disposal prior to availing legal services. Often, this could be an area of difference between a large law firm and a smaller attorney firm: bigger firms have more resources in-house, and the benefits of being able to investigate and bring expert testimony can be a very useful advantage in catastrophic injury cases. But even medium-sized firms or individual attorneys can have enormous advantages if they have good professional networks and partnerships.
Think about whether the legal team has the ability to take the case all the way to trial. Some attorneys only litigate, settling cases in court, but clearly with an injury this severe, it may need litigation to receive adequate compensation. Make sure the lawyer you choose is experienced and has a track record in trial.
5. How do they communicate and are they available?
Catastrophic injury cases can take months or even years to settle, so it’s essential you pick a lawyer who is communicative and available throughout the whole process. Ask during your initial consultation how your attorney prefers to communicate how you can expect them to keep you updated as your case continues.
Some of the things you might want to ask include:
- How often do you expect to hear from this attorney?
- Do you receive direct contact access to the attorney working your case, or does most contact occur between you and paralegals or assistants?
- How quickly do they return emails or phone calls?
- Will they keep in regular contact with you?
You should be able to feel confident that your attorney is going to be there for you and will not leave you in the dark at times when it counts the most.
6. Learn About Their Fee Structure
Catastrophic injury claims are expensive to litigate, but many personal injury attorneys practice on a contingency fee basis, collecting payment only in the event of winning your case. This is very beneficial to clients who are racking up large medical bills and earning lost wages based on their injuries.
By the end of your initial consultation, ask the attorney to go into detail about their fee structure. You’ll want to clarify the following points:
- What percentage of the settlement or verdict will the lawyer take as their fee?
- Do you have to pay up-front for costs, such as filing fees or fees for expert witnesses?
- How does the lawyer handle costs for expert medical witnesses and investigators?
- What if we lose—are we liable for any fees?
A good catastrophic injury lawyer should clearly disclose their fees and explain other fees that might be connected with bringing your case.
7. They must have a stake in your case
While experience in the law plays an important role, so does the selection of an attorney who has a personal stake in your case. You should want an attorney who will be empathetic, caring and committed to your well-being, not just another client or number on a chart.
Listen to how a lawyer treats you when you first meet them. Do they seem really care about your injuries and future? Do they actually hear what you say and grasp how the injury has impacted your life? A lawyer who is personally invested in your case has more to lose by not doing their best for you.
8. Find an Attorney Who Is a Negotiator
The majority of personal injuries, including those catastrophic injury claims are actually settled outside court through negotiation with the insurance company of the party concerned. Insurance companies are proverbial for their lowball settlement, usually in the hope of paying them as little as possible, especially those where high amounts of settlements are involved.
The lawyer you choose must have strong negotiation skills to ensure you really do receive a fair settlement. Ask the approach of that lawyer in settlement negotiations and how often he has obtained a significant settlement for catastrophic injury cases. A good negotiator will not only know the real value of your case but also push back against low offers and fight for what you deserve.
9. Assess Their Trial Experience
Most catastrophic injury cases settle out of court, but some get as far as court and need to present their case. Most important in choosing the lawyer you’ll hire for your catastrophic injury case is that the person chosen should have enough experience with trials. You want someone who has a proven success rate, able to take your case before a judge and jury if that’s what it takes. They will know how best to present your case.
Some questions to ask about trial experience include:
- How many cases have they taken to trial?
- What is their record in court?
- Do they like the possibility of going to trial, or are they settlement people?
- A lawyer who feels at home in both negotiation and in court can make a world of difference in how your case comes out.
10. Trust Your Instincts
Above all these considerations, it is crucial to have faith in your instincts while choosing a catastrophic injury lawyer. Your relationship with this individual will last for a long time and therefore needs to be built on trust, respect, and open communication. If something feels off or you’re just not comfortable with their approach, then it may be time to change.
It is, therefore, not a decision to be taken lightly as it decides financial and emotional rehabilitation after such a catastrophic injury. It thus takes time to check for the appropriateness of potential candidates, ask the right questions, and evaluate experience and track records so that you can be sure you are making the best choice for your future.
Alva Foster & Moscow, LLC: Your Trusted Philadelphia Law Firm for Catastrophic Injury Cases
When it comes to securing the very best legal representation for your catastrophic injury case, nothing stands out like Alva Foster & Moscow, LLC. This is a premier Philadelphia law firm comprising a team of long-seasoned attorneys with specific specialization in personal injury law. They specialize in helping victims of cases of catastrophic injuries in navigating the really complex legal landscape. Whether it is car accidents and physical injuries or medical malpractices, Alva Foster & Moscow, LLC offers specialized legal services in working for you to get better returns on your claim for suffering. They are quite familiar with how such procedures are followed and have a dedication to ensuring that the plaintiff is given justice and recoveries in Philadelphia. Learn more at Alva Firm.
Conclusion
The difference that the right legal representation at the right time can make in your life after a catastrophic injury is unimaginable. As you make your choice, consider how experienced, reputable, clear in communication, effective at trial, and personally connecting your catastrophic injury attorney is.
