Sep, 2017

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posted in Wilka, Welter & Ash LLP Law Blog.

3 Secrets to Finding the Best Personal Injury Attorney

Personal injury law is often made more difficult on victims by the fact that insurance companies often use their own lawyers to defend their clients against claims, and they do this exclusively for the insurance company, handling hundreds of cases each year to protect their client (the insurance company) from having to pay out claims against their clients (the insured). In order to win a suit, you have to have a good lawyer. If you’re looking for a personal injury lawyer in Sioux Falls, this is what you need to know.

#1. Find an Attorney That Specializes in Personal Injury
Personal injury law is a specialized practice that involves intricate rules. The first thing an insurance company is going to do is research the attorney they’re facing. If they find out that the lawyer you’ve hired to represent you is a jack of all trades, they’re going to try to lowball you in the settlement. It’s a serious risk to your case if you don’t hire an attorney that specializes in personal injury tort claims.

#2. Find an Attorney with Trial Experience
Bringing an attorney without trial experience to a negotiation is like bringing a knife to a gunfight. Insurance company lawyers are going to know right off the bat if your attorney has any trial experience or not. If the answer is not, then they’re going to lowball you to death, figuring the attorney doesn’t know how to try a case. Guess what? They do and have tried cases. So the insurance company won’t budge on a bad offer and you’re feckless attorney will fold when his empty threats are called. The better your case, the more important it is you have an attorney who’s willing to take it to court if necessary.

#3. Find an Attorney with Sufficient Resources to Try Your Case Properly
If your case requires expert witnesses, you’re going to need a lawyer with a line of credit available. It helps if they have a history of success as well. The more important your case is and the more egregious the damages, the more important it is that you have an attorney that can handle the case. A bad attorney is going to hope for a lowball settlement and after they’ve taken their cut, it’s still going to be better than they normally do. For you on the other hand, it was your one shot to get compensated for your injury and now that’s gone. The mere presence of a high profile trial attorney is going to be worth the cost because they will immediately put the insurance company on the defensive. Insurance companies bank on winning a handful of cases and settling the majority. Every once in a while they’re faced with a quality attorney and this is when they’re forced to pay out the damages rightfully owed to the victim.