How to Choose the Best Personal Injury Lawyer

People injured in a car accident are well aware of the physical, as well as mental distress that can be caused by dealing with the aftermath of the situation. Life is often initially turned upside down, and sometimes the distress can carry on for years.  When the situation is caused by another person’s negligence, the distress is multiplied.  In this situation, the injured party has the right to gain compensation for the losses that have occurred. With the help of a personal injury lawyer, the injured party might be able to get the settlement that they deserve. Who should they choose?

The initial advice needed is often free because most lawyers offer a “contingency fee” method of payment, which basically means they collect a percentage of the settlement they obtain for you.  Accordingly, they will allow you a free initial consultation as a way of trying to attract your business.

Some tips on choosing the right lawyer:

 #1 Use a specialist

The laws pertaining to driving and insurance differ from province to province and are very complex. Because laws are created to cover a large range of subjects, they often cause confusion to the common person. A lawyer who specializes in a specific area of law is needed for this difficult interpretation and will ensure that the claim is in accordance with the compensation.

#2 Call your local bar association. 

They often have a referral number as well as lists of lawyers that practice in the area of law you are looking for.

#3 Call some local lawyers. 

Ask them if they needed a personal injury law lawyer for themselves today, who would they choose and why?

#4 Ask friends and family for names of attorneys they have used and trust.

Ask them some questions, such as, “did they return your phone calls promptly”.  “Did they keep you updated about what was happening with your claim?”  “Were they prepared to go to court if needed?”  “Did they have a courteous professional staff?”   “Did more than one lawyer work on your file”.  The reason for some of these questions is obvious.  You have the right to have a professional, courteous, knowledgeable team working on your behalf who is prepared to take your matter to a courtroom if need be.  While friends and family recommendations can be helpful, ultimately you should interview your potential lawyer prior to hiring them to determine a best fit for you and your situation.

#5  Interview 3 Personal Injury lawyers before making a decision.

Almost every personal injury lawyer offers a free initial interview.  Hiring a lawyer can be a very crucial decision for you, and an expensive one.  It is well worth your time to sit and interview 3 lawyers prior to spending thousand on them and placing your case in their trust.  Make sure you clarify that they have a free initial consultation before sitting down with them.

Some questions you need to ask:

• How many years have they been practicing?
• How many years have they been doing personal injury (PI) law?
• How many PI cases have they handled?
• Have they appeared in court before in PI trials?  How many?
• Have they done jury trials? 
• Do they foresee any problems with “liability” or any other matter that may be detrimental to your claim? 
• What is their percentage rate they will charge you?
• How long will the matter take to get resolved?
• Who is responsible for “disbursements” (costs) along the way until settlement?
• If the lawyer is covering these costs is there a charge or interest on those costs? Read more about Shawn Dickson Swail

Resolving Your Family Law Situation

Initial Considerations

Family law situations are all different.  Some are long term and plainly evident breakdowns that both parties inevitably know need to end.  Some are sudden and shocking, such as the disclosure of an affair, or one party announcing their departure out of the blue.  While it is difficult (and unwise) to suggest a set strategy for all divorce cases, here are some basic considerations to consider upon the demise of your marriage.

1. Is a ‘Knee-jerk’ reaction necessary?

In the case of the slowly deteriorating marriage, often the parties have plenty of time to discuss and plan an amicable, mature and hopefully cost efficient split.  Unfortunately this is seldom the case.  Many parties involved in bad relationships resort to threats and uneducated statements out of fear or attempts to intimidate each other.  At some point and time these ‘adults’ are going to have to realize that a divorce fight is extremely tough on the psyche and even tougher on the wallet.  Even more so where children are involved. Again, mature separation and settlement is the easiest and cheapest method to end a relationship.  If this is not possible, or you are unsure, I would recommend you consult 3 family law lawyers (on a free consultation basis!) as to where you stand.

In any situation where your assets (bank accounts, loans, investments, credit cards, line of credit), personal safety, or home living arrangements are in jeopardy, one should always retain a lawyer as soon as possible to take steps to protect your situation.

2. What Will Happen?

There are basically 3 scenarios that can play out in resolving a family law situation.  You have the following options:

1.   Do nothing – usually not a good option and resolves nothing

2.  Negotiate a settlement of the issues – this requires 2 mature adults, willing to cooperate and negotiate.  Having 1 willing adult doesn’t work.  Options to negotiate include:

a.     Parties negotiate themselves

b.    Use of lawyers to negotiate a resolution

c.     Use of professionals such as mediators to negotiate a resolution

d.    Use of court appointed “counselors” to negotiate a resolution

3.  If #2 isn’t an option, you are only left with the Court Process to resolve your issues – this can get expensive and is very stressful

3. What are Common Issues I Need to Resolve

Again, while every situation is different, common issues are:

1.  Children

2.  Support

3.  Residency

4.  Division of Assets

5.  Apportionment of Debts

4. What is the Easiest & Cheapest Way to Resolve Everything?

Depending on your particular situation, separation agreements can be drawn up to resolve all issues arising from your relationship breakdown.  It is highly recommended (but not necessary) they be signed by lawyers so you have “independent legal advice” on your settlement.  There are many online resources as to what matters should be in a separation agreement and parties can prepare them on their own.  However nothing will replace the experience of a trained family law lawyer as to what is best for your particular situation.  If you wish to save time and money with your family law lawyer, find out what issues need to be resolved first, and discuss them with your partner prior to visiting the lawyer, so you have an idea what result you would like to see happen.

5. Decree for Divorce 

Once your issues are resolved through a separation agreement, the only matter left to resolve is if you are going to get a formal divorce from your spouse.  You do not need to get a divorce.  You can stay married to that person the rest of your life, but it only takes one party to request the actual divorce decree and they will be granted it whether you disapprove or not. Most divorces (if there are no other issues such as kids or assets to deal with) can be done by way of ‘Desk Divorce’ which does not require a lawyer and is done by the completion and filing of paperwork at your local court registry.  You will need an original of your marriage certificate (provincial license) which can be obtained from the Department of Vital Statistics in BC. For more details of law visit: Shawn Dickson Swail