10 Secrets Your Ohio Auto Accident Lawyer May Not Want You To Know About Your Case

I’ve spent 18 years as an Ohio Auto Accident Lawyer. In that time I’ve seen an awful lot of “misinformation” spread to unknowing accident victims.

Sadly…a lot of the misinformation is spread by inexperienced attorneys.

Here’s your guide to the “10 Secrets Your Accident Lawyer May Not Want You To Know About Your Case.”

1. You are not guaranteed to win your case. I know this is something you don’t want to hear after a terrible accident has changed you or your family’s life forever, but I have seen too many just cases in the most celebrated lawyer’s hands lost through no fault of that lawyer. If any lawyer tells you that your case is a guaranteed winner, he or she is either lying or does not know any better. In either case, you are better served elsewhere.

2. You are not guaranteed a certain amount of money for your case. If your lawyer tells you your case is worth over a million dollars on the first visit with him, run out the door. He or she is only trying to get you to retain him or her. While it is certainly true that certain injuries generally have a range of values that is known by published sources and that lawyer’s experience, the value of your case cannot be known until all medical records are procured, all witnesses are interviewed, and in all malpractice cases and many trip and fall cases, your entire case is reviewed by a qualified expert. Again, guarantees on the amount of money your case is worth are irresponsible and simply untrue, especially early in the litigation.

3. A lawyer may never handle your case. I know this may sound shocking, but many personal injury firms in Ohio are what are known as “injury mills”. They handle a large volume of small cases with little, if any, work on the case performed by attorneys. This is not a misprint. Paralegals handle these injured persons cases and some firms go as far as allowing paralegals to handle settlement negotiations with insurance adjusters. Be aware of any firm where you do not meet with an attorney at your initial consultation with the firm or before your deposition. In my opinion, these are tasks that must be handled by a lawyer.

4. If you are fortunate enough to have a lawyer handle your case, that lawyer may not be a partner. In too many “big firms” the lawyer who will be handling your case will be an associate of the firm. Many of these associates are qualified, hard working lawyers. However, a depressingly high number of associates feel overworked and underpaid. Whether they are overworked and underpaid is not important. What is important is that attitude may filter into their work on your case. You deserve better. Ask this question and listen to the answer: Will you guarantee that a partner will be at my deposition and try my case?

5. The law is growing increasingly specialized in accident and malpractice cases. How can someone who does not concentrate in this area keep up with the changes in the law? They can’t. Each year there are literally hundreds of new accident law cases for a busy practitioner to review. I review these cases. This process takes a lot of time. Does your lawyer?

6. Your lawyer cannot guarantee how long it will take to resolve your case. While it is generally true that most cases resolve within 2-3 years, sometimes cases can take longer to resolve. The question is why the delay? Sometimes the delay is not your lawyer’s fault. For example, your lawyer may have defeated a motion to dismiss your case, and now the defense wants to appeal that decision. Nevertheless, sometimes your lawyer is simply neglecting your case. If you think your lawyer is neglecting your case ask him or her to explain in writing the reason for the delay. If he or she does not comply, get another lawyer.

7. You can fire your lawyer. Your case is too important for you to be unsatisfied with your lawyer’s representation. You should know, however, that your lawyer may still be entitled to a portion of the legal fee for the work that lawyer performed up to the time of discharge. You should also know that if you have retained another lawyer, I will probably not take your case unless it is soon after the accident and/or you have suffered a serious or catastrophic injury. In my opinion, early investigation and early retention of experts are crucial to the outcome of your case.

8. Experts matter in the outcome of your case. This is especially true in serious auto accident cases. Also know that doctors, economists, and life care planners may be necessary to prove the damages you suffered as a result of your auto accident.

9. Experts are expensive. Some experts charge over $7,500 to testify in a case. If your lawyer is not willing to spend money for the right experts on your case, he or she should not be representing you.

10. Not all lawyers are created equal. Something all insurance companies know but too many injured people do not. Insurance companies know who practices in the area of accidents and who simply “dabbles” in it. You should know too.