There are cases in which hiring an attorney may be the next logical step. If there's a dispute about who's at fault in the accident, an initial visit with an attorney might be a prudent step to take. And anyone who is seriously injured in an accident should seek legal counsel, according to the American Bar Association (ABA).
The Internet offers search engines, such as Netscape's Netsearch, Infoseek, Excite or Lycos that help locate lawyers with special experience in cases like yours. In addition, if your local newspaper is online, a search of that database can provide information about lawyers with special background and experience.
When involved in an accident with an uninsured or underinsured motorist, you should always retain counsel, the ABA suggests. In many states, you may have only a limited time to file suit against an underinsured motorist and some insurance policy's language states that if you wish to arbitrate with an uninsured motorist, you and the uninsured must reach an agreement within 60 days after the day of the accident. A lawyer may help you wind through this process without losing money you may be entitled to.
Two questions to ask yourself before retaining counsel are: "What settlement will I be happy with?" and "Am I going to do better or worse with an attorney?" The first question is easy to answer. The second is unforeseeable. The case's jurisdiction--the laws where your case is based, your individual circumstances, and your willingness to settle are all factors that make the outcome of a case tough to predict.
Most personal injury lawyers work on a contingency basis and don't charge a fee for an initial consultation. However, expect to give up at the very least 25 percent of your settlement to your attorney. If your case is very involved, plan on paying a lot more to your lawyer, as contingency fees for long term cases can run in excess of 50 percent in some states, for some types of cases. In other states, contingency fees for some types of cases are limited by law. Check with your state consumer affairs office for more information.
If the claim is settleed by te insurance company without resorting to a trial, you may be able to have your money in as little as sixty days, if there are no health concerns. However, if the case goes to trial, don't plan on seeing any money for a long time. While the trial itself may take as little as six months, getting to trial may take several years at best, depending on the backlog in your local area's legal system.
In medium-sized jurisdictions with populations of around 250,000, two-and-a-half years is not an unheard-of trial length. In larger jurisdictions, such as Cleveland, New York, or Miami, a verdict issued three or four years from the date of the accident is common.