Personal Injury Solicitors: Exclusion Criteria and Warnings Signs

Deciding to sign an employment contract with a personal injury solicitor is no small task. There are many attributes a good legal representative should possess when trying to make this critical decision. However, this article is going to focus on the attributes that should be avoided at all cost. We will discuss the different warning signs that should throw up definite red flags in your research. Any time that these signs are present there is a very high likelihood that the lawyer in question is just trying to take advantage of you. They will only be worried about collecting their legal fees and will not have your best interest in mind. If you perform the research necessary before obtaining a lawyer all of your questions about any of these signs should be answered. Once you have read this article you will know what to either look for or ask about during your investigation.

First Warning Sign: No Free Consultation

A personal injury attorney that specializes in this area of law should never ask you to sign an employment contract before offering to meet with you for a free consultation. If they are not interested in meeting with you and learning the details of your specific case and offering their advice before they sign an employment contract with you, they are obviously not taking your best interest into consideration. Any reputable personal injury lawyer will want to go over the details of your case before signing on if for no other reason than to see if they think that you have a shot at winning. If they think your case is a losing battle then they will not want to take you on as a client. Be wary of accident claim solicitors who are too eager to sign you on without knowing at least the general events of your case.

Second Warning Sign: Expectation of Upfront Fees
Lawyers in this field almost always operate on a contingency basis. This is sometimes also referred to as a “No Win No Fee” or “Conditional Fee Agreement (CFA).” When a lawyer is working on a contingency fee basis, this means that they will not collect any money from you until your case is over and you have won your claim. This should ensure that personal injury solicitors have enough faith in their ability and in your claim to win the case before they even sign up with you. If they are getting paid a contingency fee there is no reason for them to take on your case if they do not see any way to win. If you lose they do not get any money at all. However, if they win your case for you they generally charge you a percentage of your winnings. This is usually a large percentage (somewhere around 40 - 50%) and, although it may seem like a lot, it is not an unreasonable request since they are taking a gamble by signing on with you for a contingency fee. Under the CFA they will usually claim all fees and expenses (that the court considers reasonable) from the other party. This is appropriate because of you win your case, the court has decided that the opposing party is responsible for your injury.

Third Warning Sign: Interference With Your Decisions
Personal injury solicitors should never interfere with your decision making process. They are there to advise you and help you make an informed decision, but they should never make any decisions for you. If you have been presented a settlement offer and you want to accept it, then that is what they should follow. They can advise you otherwise, if they feel that you can get a bigger compensation, but ultimately the decision should be solely yours. Remember, they are paid on a contingency basis. So if you settle out of court for less money than they think they can win for you in a trial case, not only do you get less money, then so do they. This makes it a little more difficult to tell if they have your best interest in mind or theirs

While you will generally be able to tell what motives the personal injury solicitors possess after your initial consultation you should always keep these other factors in mind. In order to prevent being taken advantage of you should make sure you are offered a free initial consultation, not expected to pay any upfront or out of pocket expenses until your case is won or settled, and do not allow your personal injury solicitors to brow beat you into making any decisions that you are uncomfortable with. Now that you have read this article you should feel confident that you have the knowledge and ability to avoid red flags while retaining legal counsel for your claim.