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May 24, 2020 by Greg
If you’ve been hurt in an accident, whether a car wreck, crash with a big truck, slip-and-fall, or another personal injury, you might want to consider a free consultation with a lawyer. There are a few important things to know about a free consultation with a personal injury attorney. The first step involves doing some research about personal injury attorneys near you.
After narrowing down your list, you may want to schedule a free consultation to learn about the personal injury claims process and your specific case and get answers to other questions.
Many personal injury attorneys in Houston offer a free initial consultation. Baumgartner Law Firm, based in Houston, TX, offer free case evaluations on injury accidents.
a) What to expect in a free consultation,
b) Tips on how to maximize your free consultation with a personal injury lawyer and
c) How can the meeting be made as productive as possible?
When you first talk to a personal injury lawyer in an initial consultation, they will want to hear clearly and concisely how the accident occurred. You may not know how the accident occurred if you have lost a family member. In that case, the attorney will want as much information about what you know as possible.
Different law firms have different procedures for initial consultations. The length of the consultation can vary depending on the specific lawyer or law firm. As a general rule, the more serious the injury or damages, the longer the consultation will take.
The interview might be as brief as 15-30 minutes in some cases, like an automobile accident. The initial consultation can take longer for more complex cases, like a crash with a semi-truck.
At the Baumgartner Law Firm, we always conduct an initial consultation on the telephone and schedule an in-person meeting if the case is one we feel we can help you win.
Choosing an attorney for your free consultation should involve some basic research to help find the right attorney for your specific case.
Before you schedule a consultation, you will want to learn a little about the attorneys you are considering. Start by looking at some attorney directories such as Martindale.com, Texas Bar Association, and AVVO. Also, look at the Google reviews for the attorney you are considering.
Not every attorney is a perfect fit for every personal injury case. Some cases, such as a car accident resulting in a whiplash injury, probably do not require decades of experience to handle appropriately—the more experienced the automobile injury attorney, the more likely they focus on cases with extremely severe injuries and damages.
You will want to consider the attorney’s experience with the specific type of case you are inquiring about. Taking advantage of a free consultation can benefit you regardless of whether you choose the attorney. Getting feedback from experienced lawyers will provide helpful insight.
When you first speak with the attorney, your first impression is often the best. While most personal injury cases end up settling before trial, if the case does not settle early, your interaction with the lawyer can be relatively lengthy.
The more comfortable you are talking with the attorney, the better. They probably are if you think the attorney is too busy. Can you speak directly with the lawyer, or do nonlawyers conduct your interview?
Does the attorney seem reputable and credible? Answering these questions can tell you if the law firm is the one for you.
We tell our prospective clients to bring everything. The more information you bring to the initial consultation, the better. If you bring something that you are uncertain is relevant to the case, the lawyer will determine its relevance in a minute.
The discussion will center around two essential areas:
(1) How the accident occurred, and
(2) Your injuries and medical treatment.
The more information you bring relating to these two areas, the better.
Such information could include the following:
It is helpful to give the attorney everything and let them sort out what they need to fully understand the accident and your injuries. When in doubt, bring it!
Texas has a statute of limitations that requires cases to be brought within a certain amount of time after the occurrence. For instance, the general statute of limitations in Texas is two years from the date of the accident. Depending on the type of claim, there are other limiting considerations in Texas.
The statute of limitations’ impact on your case will not be of great importance for those who have just been in an accident and are seeking counsel. However, it will greatly impact those who want to pursue a case years after the occurrence.
Do not wait until the last minute to contact an attorney. The earlier you speak with a qualified personal injury attorney, the better for your case.
Be prepared to talk about how the accident occurred. We often ask personal injury victims to draw a diagram of the accident scene to understand the crash scene better.
If you have been in an accident, here are six things to do after an accident. It is usually helpful to write down the information regarding witnesses, investigating officers, and other people at the scene.
Sometimes, recording information on a cell phone can be a wealth of information. Snapping a few photographs of the other driver, their proof of insurance card, and the damage to the vehicle is an excellent way of documenting necessary information.
The personal injury attorney usually thoroughly understands the cause of the accident before discussing the medical issues in the case.
When you call to schedule a free initial consultation, consider the following question before you speak with the attorney.
Frequently, people are so overwhelmed by the situation that they find it difficult to discuss the most vital details. If you are in an automobile accident and are stopped at a red light and hit from the rear, a simple statement such as “I was stopped at a red light, and they hit me from the rear” is enough to give the attorney an understanding of the liability issues.
Most attorneys have been trained to process information logically. The attorney can ask you many questions to help them understand what happened and why.
Another area of importance for your initial consultation is the injuries you suffered in an accident. A lawyer for a truck accident in Houston will want to know the following:
Information about your injuries and who was at fault will make it easier for the lawyer to understand how the accident happened, who may have been at fault, and what your injuries and damages are so far. Answer all questions as fully and truthfully as you can.
Many personal injury victims fail to be completely candid with their attorneys. This is usually because they think the information they withhold may hurt their case.
You must tell any attorney you hire everything that might adversely affect your case. Failure to do so can and will hurt your case. However, if your attorney knows about the adverse information, they can take steps to minimize it or eliminate it at trial.
If they don’t know the information that can hurt your case, it can devastate it. You must tell your injury lawyer three things: a prior claim, a criminal conviction, or a prior injury to the same part of the body.
When you first talk with the attorney, it is their chance to understand what happened and its impact on you. It is your chance to learn about the attorney and his abilities. Undoubtedly, you will have many questions, and writing down your questions before the interview can be helpful.
Do not be concerned about any questions you may ask.
Here are some frequently asked questions you may consider in an initial interview:
It does not take a personal injury attorney long to judge whether they can make a case for damages. However, not every case requires an attorney.
Not every injury is appropriate for compensation. There are three essential factors every personal injury attorney considers when accepting or declining a case:
(1) Liability,
(2) Damages, and
(3) The ability to collect.
Generally, all three of these factors must be considered when an attorney accepts or declines a case. An example would be if you are in a bad accident and your car is totaled but you suffer no injuries.
In such a case, you might have a tough time finding an attorney to take the case because there are no injuries. Another example would be if you were in a terrible accident and suffered severe injuries and hospitalization. Still, no insurance coverage can be found – finding an attorney for help will be challenging.
A further example would be if the accident were partly your fault. In Texas, you can be partially at fault for the accident and still collect damages if you were less than 51% at fault. If a jury finds you 51% at fault, you cannot collect damages in Texas.
Because attorneys handle personal injury cases on a contingency fee basis, the best attorneys are usually very picky about the cases they accept. If the attorney believes you have a case but does not believe it is a case they would take, ask the attorney for a referral.
Often, the attorney will have a few names of other attorneys they feel would be a perfect fit for your case.
If you retain an attorney after the initial consultation, the law firm will need you to complete paperwork and sign a representation agreement. A written fee agreement is required in Texas for a contingent fee personal injury case.
Always read the fee agreement and ask any questions before signing.
Read More: Car Accident Frequently Asked Questions
Most Houston personal injury attorneys have similar contingency fees starting at 33.33%. However, firms vary in charges.
Our policy at Baumgartner Law Firm is that we generally do not charge more than the client will receive at settlement (except only if the client declines our advice).
The timeline for a personal injury case varies depending on the case type and injuries suffered. Unless there is a statute of limitations issue, many attorneys choose not to attempt to settle or litigate cases while the client is still treated medically for his injuries.
The settlement discussions on the case are delayed because the damage model is not developed, and the settlement would be premature.
Generally, obtaining your medical records in a form admissible at trial takes several months. This delay is not because the attorneys are dallying in obtaining the information, but rather that the hospitals and doctors do not make money by providing the documents. Therefore, getting them to move forward and release the necessary medical information takes much effort.
Personal injury cases often take longer than expected, especially if medical care is ongoing or a lawsuit is filed.
We offer free telephone consultations on any injury case that occurs in the state of Texas. If we believe that we might be of assistance to you, and this is a case that we may accept, we will do an in-person consultation at your convenience.
The Baumgartner Law Firm limits the number of new cases it takes to ensure that our clients receive the best possible legal representation.
We have been in the same area of Houston for over 35 years and are proud to support and give back to our community whenever possible.
If you have questions about an injury or a construction accident in Houston, Harris County, Texas, call us at 281-587-1111 or fill out our convenient contact form.
Call Baumgartner Law Firm for a FREE consultation. See some of our 5-star reviews or read about recent results!
Baumgartner Law Firm
6711 Cypress Creek Pkwy, Houston, TX, 77069
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Since founding the Baumgartner Law Firm in 1985, Greg Baumgartner has established himself as a leading personal injury attorney in Houston, Texas, with a focus on representing severely injured accident victims and families who have suffered the loss of a loved one. His commitment to excellence in legal advocacy has earned him recognition from prestigious organizations, including Super Lawyers and the Top 100 Trial Lawyers and others. With decades of experience, Greg is consistently peer-reviewed and holds a preeminent rating, reflecting his dedication to achieving justice for his clients.
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