Tuesday, April 25, 2006

Why seek the help of an accident attorney?

Navigating the court system today can be a tedious procedure. Judges have little tolerance for those wishing to represent themselves in a court of law but do not know the rules of the game once inside the courtroom. Further, a lack of knowledge and understanding of the judicial process can cause undue delays in the resolution of your case, and even the smallest procedural errors can be devastating, not only to your case but to your demeanor and desire to persevere. In most cases, the best way to resolve these issues so they don't become bigger ones is to hire an attorney.

Finding an affordable attorney and covering cost

The biggest obstacle in retaining an accident attorney is the obvious one: Cost. While hourly rates for good accident attorneys vary substantially, some cases are more expensive to litigate than others. The reasons for this are also obvious: Time and severity of your case. For example, hiring a lawyer to fight a traffic ticket will cost a lot less than hiring a lawyer to fight a felony criminal charge. Also, different lawyers charge different rates, depending on their reputation (usually based on the number of cases they have won), and experience. It is not always true that the best lawyer costs the most, but the best lawyers usually do not charge the lowest rates.
Make the appointment!

Determining how much your attorney will cost, and if whether or not you have a case, depends on taking that crucial step and scheduling an appointment with an accident attorney. Quote shopping by telephone usually doesn't work, as most attorneys, or their secretaries for that
matter, will not disclose such information without a scheduled appointment. Why? Typically, attorneys want to hear the facts of your case before deciding if they will to take it. The facts will also give the attorney some idea as to how much it will cost to try your case.

Because of their often hectic schedules, attorneys will not discuss your case with you over the phone, and will need to pencil you in to their schedule. That doesn't mean you wont find an attorney willing to discuss facts with you over the phone, but it is not the preferred method.

A lawsuit is a serious and time consuming endeavor, so treat it with all the seriousness you can muster. The most important thing, however, is that you feel comfortable with the attorney and can establish a level of trust.


Retainers and other fees

Please remember that a "retainer" is not the total fee. A retainer is usually a down payment to get your case off and running. Paying a retainer means you've secured the services of an attorney who believes in your case and has agreed to take it on. Some lawyers quote a retainer that reflects what they believe the case will cost. Others may quote a lower retainer fee and then bill their client later for additional legal costs.

FLAT FEES

Flat fees are another option to consider. The purpose of a flat fee is not to save money, for most flat fee arrangements typically end up costing you more than an hourly agreement. Flat fees do, however, allow you to better assess your legal fees and ensure that you are not paying what you cannot afford. Flat fees provide peace of mind, and guarantee you won't be charged more if your case turns out to be more complicated than your attorney initially believed.

HOURLY RATES

If you plan to pay your attorney an hourly rate, it may be prudent to ask him/her to quote you a maximum fee. Reason being: It can be a good way to test the reasonableness of your attorney's retainer, unless the attorney has agreed to take your case for what you are able to afford. If an attorney quotes you a $500 retainer but refuses to quote a maximum fee, you probably should go elsewhere. While many cases vary in complexity, making it difficult for attorneys to quote
maximum fees, such complexities should also be reflected in the retainer. A $500 retainer ordinarily indicates that the attorney views the case as simple. You can try asking an attorney for a lower hourly rate, but don't be surprised if you get turned down flat. Many attorneys will not agree to lower rates, and good ones usually have more work than time.

CONTINGENCY FEES

Many attorneys will take cases on contingency, meaning simply that they agree to take a percentage of the monetary award if you win your case (usually a third). If the attorney does not win your case for you, he/she doesn't get paid, but you are still responsible for paying the court fees. Some attorneys offer sliding scale fees.

Attorneys typically take cases on contingency if they feel they are sure-fire wins with big payouts. These cases include primarily civil suits, particularly personal injury cases. Every state limits contingency fees for personal injury and workers' compensation cases, so make sure you check what the contingency cap is in your state if you are involved in a personal injury or workers' compensation case.

Sometimes you can negotiate contingency fees with attorneys, but the best ones can typically get larger awards than lesser skilled attorneys, making the contingency fee a mute point. You may want to consider a better attorney and not a lower contingency fee.

LEGAL SERVICES AND LAW SCHOOL CLINICS

If money is a problem, and it usually is with many people, there are alternatives such as free or low-cost legal services through a legal services office. Some law schools offer clinical programs to assist people in their lawsuits. Even if you do not qualify for those programs, staff can usually refer you to attorneys who take cases at reduced rates.

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