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Texas Personal Injury Attorney

Hiring an attorney in Texas to handle an injury case is very much like finding a physician to handle a specific health problem. Many attorneys specialize their practices to a certain type of injury. For example, there are attorneys who only handle cases involving brain injuries, while others may work on spinal injury cases or burn cases. Still others only deal with traffic accidents or workplace injuries. Some will handle "slip and fall" negligence cases and others will only work on product liability cases.

There are three basic ways for disposition of a personal injury lawsuit: by trial before a jury or judge; through third-party mediation; and through direct settlement between the two parties. The majority of personal injury cases are settled by the third method.

Here are some valuable tips for hiring an attorney:

  • Schedule an intial consultation; most attorneys do not charge a fee for first meetings, but check to be sure.
  • Determine if the attorney specializes in your type of injury.
  • Ask for references and results of previous cases the attorney may have handled.
  • Ask if the attorney will be personally handling your case or if an associate may do much of the grunt work.
  • Ask for guidance as to what you may be able to do to help the attorney with documentation, witness identification or other aspects of your case.
  • Ask if the attorney will handle your case on a "contingency fee" basis, meaning he has to win the case to get paid.
  • Most costs for injury cases are included in the "contingency fee," but in some circumstances you may have to pay for filing fees. Be sure to ask about costs.
  • Determine his percentage of the settlement; most attorneys charge 33% to 40% of the settlement as their fee.
  • How will he communicate with you and how frequently?
  • Does the attorney prefer trial over out-of-court settlement or mediation?
  • Will the attorney continue representing you if a settlement is offered and you prefer to go to trial?
  • Conversely, if the attorney favors trial but you're inclined to seek a settlement, will the attorney continue on?
  • Ask if the attorney is up to date on education regarding injury cases, especially medical knowledge, and any recent large cases that may have effects upon your case (in legal terms it is called "precedent").
  • Request information about college degrees, law licenses, bar membership, etc.
  • Ask if the attorney has ever been the subject of displinary action or disbarrment, and if so, what were the circumstances.
  • After getting your answers from the attorney, ask yourself a question: "Do I like this person and will I be able to work with him or her?"

You may wish to consider interviewing with several attorneys or law firms before making your final decision. Be aware that any dissatisfaction or disputes that might arise between you and the attorney will be likely be handled by the local bar association. You have the right to discharge your attorney if you feel he/she has not properly performed their duties. Finally, when you've made your choice, be sure to ask for a written retainer agreement from the attorney. In some states this is a requirement for contingent fee cases, but it makes good sense to have a written agreement regardless of state laws.

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