There are so many factors to consider when deciding to pursue a case with a personal injury lawyer. But before committing to a specific attorney to assist you with your personal injury case, you’ll want to make sure that it’s the right fit for your specific needs, and that the lawyer will go to bat for you when the time comes.
Edward P. Shamy Jr. is a personal injury lawyer in New Brunswick, NJ that’s handled more than 1,500 cases. Given Mr. Shamy’s extensive experience with personal injury law, here are vital questions to ask a personal injury lawyer before hiring them.
Experience & Expertise
You’ll want to gauge the experience of the lawyer before hiring them. Do they have experience with cases similar to yours? How long have they practiced? What is their success rate? Getting a sense of their knowledge and experience can help you determine if they’re the right choice to handle your personal injury case.
Case Assessment
Provide them with the details of your case so they can analyze the facts and circumstances because every case is fact sensitive. Once they have a basic understanding of the facts, ask them their thoughts, what challenges they see, how they would approach the case and what the likely outcome or possible outcomes of the case could be.
Legal Fees
It’s important to establish the fee agreement before moving forward with hiring the lawyer and taking on your case. Most personal injury lawyers work based on a contingency fee basis, which means that you only pay a counsel fee if the attorney is successful in securing financial compensation for you.
In New Jersey, attorneys representing a client in a personal injury case can work on a contingency fee basis, but the fees that are permitted to be charged are limited by the Courts. The fee schedule allows a fee of one-third of the recovery for the first $750,000. The counsel fee percentage decreases on the portion of any settlement or award which exceeds $750,000.
The client is also protected in the State of New Jersey because when calculating the counsel fee on a contingency fee case, the costs (medical records, reports, expert fees, filing fees etc…) are deducted first before the counsel fee is calculated. For example, if a case settles for $25,000 and the costs are $1,000, the counsel fee would be calculated based on $24,000 which amounts to a fee of $8,000. This would result in a net recovery to the client of $16,000.
Some states, (not New Jersey) permit the attorney to calculate the contingency fee on the gross settlement and then deduct costs. In the preceding example if the fee were calculated that way it would be $8,333.33, and the client would receive $333.33 less in that State than the client would receive in NJ based upon the way NJ requires the fee to be calculated.
This rule in NJ protects the client and provides a motivation to the attorney to keep costs down because every $3 of costs will reduce the attorney’s fee by $1. In NJ the client is NOT alone in absorbing the costs to pursue the claim. The attorney shares those costs.
Timeline of Case
You’ll also want to get a sense of the projected timeline of your case. An experienced personal injury lawyer will have some insight as to the time required to develop and prosecute your claim for personal injuries. Some cases are resolved before a lawsuit is filed; some are resolved during litigation; others are only resolved after trial and a decision by the jury. In my practice, I will not attempt to resolve your case until you have completed treatment because to do so could result in leaving tremendous amount of value of your case on the table.
Generally speaking, an injury which could be treated by conservative measures alone, such as medication, physical therapy or chiropractic care is worth less than if the injury required more invasive treatment such as injections or surgery. If a case is settled while treatment is still underway, the attorney cannot know if that client will need more invasive treatment after the settlement. Unlike workers compensation cases, a personal injury case cannot be re-opened against the culpable party after it is settled.
Personal Involvement
The attorney who accepts your personal injury case is, of course, responsible to manage and prepare your file as well as to navigate the law and the complexities of the case and any ensuing litigation. No attorney can successfully pursue a personal injury claim without cooperation and some investment of time from the client. This may consist of simply providing information and context to help inform your case with personal factors like medical history, insurance documentation, hospital bills, as well as any evidence that you’ve gathered that could be relevant to your case. (photographs, incident reports).
Following the treatment plan prescribed by your physicians is also very important. If your doctor suggests that you attend physical therapy 3 times per week and you fail to do so the defense will argue during settlement negotiations (and at trial if the case doesn’t settle) that your failure to follow doctor’s suggested treatment indicates that your injuries must not be as bad as they are claimed to be…otherwise you would have followed the treatment plan. Gaps in your treatment or missed treatment or doctor’s appointment can negatively impact the value of your case.
Consult with an Experience Personal Injury Lawyer Today
It’s never wise to go through a personal injury experience alone. You’ll want someone with the necessary knowledge and experience that can effectively and efficiently navigate the complexities of these cases to ensure that your claim is heard and that you receive compensation for your pain and suffering, medical expenses, and property damage.
Partner with Edward P. Shamy Jr Today
If you’ve been injured in an accident and are looking for the assistance of an experienced personal injury lawyer that can take you through the process, properly manage your case, and bring it to a successful resolution, you can look to Edward P. Shamy Jr. for help.
Edward P. Shamy Jr. has successfully pursued thousands of personal injury cases in the course of his career. There are many large personal injury law firms. There are distinct benefits to being represented in a small experienced practice of one or two attorneys who know and understand your case and are equipped to manage it from start to finish
If you’re ready to take the next step and ask the questions posed above, contact Edward P. Shamy Jr. today!
