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How Can I Tell If My Personal Injury Lawyer Is Doing a Bad Job?

The decision to file a personal injury claim and the decision to hire a personal injury lawyer usually go hand in hand. And it's the same with accountants, electricians, and other professionals as it is with lawyers: when you hire someone to do something that you can’t do (or, more to the point, something you're not qualified to do) you might find yourself wondering whether that person is doing a good job. You've put your finances, your home, or your legal case in the hands of a trained professional, but there's usually no way of gauging that person's skill level, or the results of their work.

In the context of a personal injury claim, chances are you know very little about how these cases typically play out -- including what the best strategy might be at any stage, and what kind of resolution you can expect. That’s why you hired the lawyer, after all. So, is your case in good hands? Here's what to consider.

What is Your Lawyer's Reputation?

The first thing to think about is, apart from what is or isn't being done on your case, does this lawyer have a track record of success? If your attorney came well-recommended, and has an impressive online pedigree (learn more about selecting the right personal injury lawyer), maybe it's time to be patient. You might be too close to the case to see real progress, or maybe a turning point is just over the horizon.

Is Your Lawyer Leaving No Stone Unturned?

A thorough investigation of all aspects of a personal injury case is essential. A good personal injury lawyer will, among other things:

  • visit the accident scene if at all possible, and take pictures
  • get all documents relating to your accident, including police reports
  • talk to (or have an investigator talk to) all witnesses to your accident
  • get all of your medical records and medical bills relating to the accident
  • get all of your prior medical records that might have some relationship to your current injury
  • have a good line of communication open with the insurance adjuster and defense attorney
  • respond to your telephone calls, emails, letters, and texts promptly
  • make sure that he/she understands the applicable law
  • keep you informed on the status of your case
  • appear to have an organized file, and
  • if the case is in suit, meet all court-imposed deadlines.

Learn more about how a personal injury lawyer can make the difference in your case.

Does Your Lawyer Talk the Talk?

Does it seem like your lawyer knows the facts of your case and has a firm grip on the applicable laws? If so, that's a good sign. But on the other hand, if your lawyer doesn’t seem to have good recall about your case without referring to your file, avoids your calls, can’t seem to answer your questions, or is giving you doubletalk, then that is pretty good evidence that your lawyer is doing a bad job on your case -- or at least not making your case a priority -- and that you might consider getting a new lawyer (or maybe just getting a second opinion about your personal injury case). Learn more about identifying and dealing with problems with your personal injury lawyer.

Does Your Lawyer Have Something to Hide?

Finally, does it seem like your lawyer is trying to hide something about your case? This is a big one. If your lawyer won’t keep you informed about the status of your case, or won’t give you copies of file documents or court papers that have been filed (by either side), that is a bad sign. When lawyers try to hide things from their clients, that can often mean there has been a procedural mistake, like missing a court-imposed deadline, and the attorney is scrambling to fix it before the client finds out. As the client, you have an absolute right to see your file and to be copied on incoming and outgoing correspondence. If your lawyer has a problem with that, then you should have a problem with your lawyer.

Learn more about Working With Your Personal Injury Lawyer.

From Lawyers  By David Berg, Attorney

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