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(314) 500-HURTYou have been injured in a car accident due to the fault of another driver. Your car has been wrecked and you are
experiencing a significant amount of pain. No one asks to be in a car accident. In fact, most accidents just happen.
The person who hit you may have committed an egregious act of negligence by driving while intoxicated or a non-egregious
act of negligence by making a bad judgment about how long they had to clear the intersection. Regardless of the
circumstances, you were injured due to no fault of your own and have the right to legally recover for the harms and
losses you suffered in the accident.
If you are reading this right now, you have likely arrived at the decision to make an injury claim for compensation
against the at-fault driver’s insurance company. You are also considering the option of hiring a lawyer to help you with
your claim. The questions shared below are to assist you in evaluating lawyers during the hiring process. Utilize these
questions to carefully vet the attorneys to determine who will be the right fit for you and your case.
We chose to list this question first because the answer will help you quickly determine whether or not you should
continue interviewing the lawyer. First and foremost, you want an attorney who has direct experience working with the
involved insurance companies. Every insurance company has its own legal team and a unique set of tactics that they will
employ to limit your claim as much as possible. You want your attorney to be familiar with their tactics so that you
walk away with full and fair compensation.
For example, we go against some insurance companies that have in-house counsel. These particular companies will fight
aggressively to reduce as much of your settlement as possible because they are employed on a salary basis and have
relatively fixed costs. Other insurance companies hire outside counsel and are weary of going to trial because of the
costs involved. We adjust our tactics based on the insurance companies involved in order to maximize the value of your
claim.
The truth is that the vast majority of most injury claims do not make it to trial. You need an attorney who is
experienced in pre-lawsuit car accident litigation AND who has a winning record in front of a jury. As the injured party
making a claim, you never know if your case is going to require a trial in order to receive a full recovery. Make sure
that you choose an attorney who can go the distance if the circumstances of your case require a trial.
If the attorney does claim to have trial experience, you can dig a little deeper and inquire about how often they take
car accident cases to trial. Attorneys who try cases several times a year are considered to be active trial lawyers.
This is an important question to ask because some lawyers will meet with you and then assign your case to another person
in their firm – often a junior associate. It is important for you to meet and evaluate the person who will be working on
your case prior to signing any contract with a lawyer. Ask if any associates will be working on your case and ask for
more information about their involvement. Ask to meet with them before you make any hiring decisions.
At Burger Law, we believe that our clients are better served if a named partner oversees your case from start to finish.
This means that you will be personally represented by Gary Burger if you choose our law firm.
The last thing you want is to sign a contract with a lawyer who is going to turn around and throw your case file into a
drawer that will not be opened for many months to come. This usually happens when an attorney has too many cases and not
enough support staff. Ask this question so that you can establish a timeline of expectations. How long will it take for
the office to collect medical records? How long will it take for the attorney to calculate your damages? How long will
it take before a demand for compensation is made in your case? You want an attorney who can quickly move your case
forward as soon as you are done treating for your injuries.
Beware of attorneys who give you a definitive answer to this question without first closely reviewing the facts of your
case. There are many variables that factor into the value of your car accident injury claim. A good car accident lawyer
will take time to explain your available recovery options and how the jurisdiction and questions about the degree of
liability will impact your claim.
The following variables will impact the overall value of your case:
You want an attorney who is willing to discuss each aspect of your damages BEFORE you hire them. (However, keep in mind
that some of these variables will be difficult to discuss at length if you are still treating for your injuries.) Be
wary of attorneys who pressure you to make a decision before all of your questions have been answered.
A lawyer’s good work is often recognized by other lawyers. You want an attorney who is respected by their peers to
represent you in your case. Look for lawyers who have been recognized with the highest legal honors such as an AV
Preeminent Peer Review Rating by Martindale-Hubbell, recognized on the list of Super Lawyers in your state and have
achieved Avvo’s 10.0 “Superb” Top Attorney rating. These honors require the good opinions of other lawyers and are good
indicators of an attorney’s legal skills and professional ethics.
Look for a lawyer who has been recognized with two or more of these great distinctions. Other accolades such as
membership in the Million and Multi-Million Dollar Advocates Forum and Top 100 Trial Lawyers are given to attorneys who
have achieved significant results via settlement or verdict for their clients. These are also good indicators of the
quality of an attorneys work, but do not reflect the opinions of their peers.
It is safe to say that most car accident lawyers are good at what they do and can help you achieve a recovery that is
larger than what you could have achieved on your own. In fact, insurance industry studies show that people who choose to
work with an attorney receive settlements that are on average 3 ½ times larger than those who choose to deal with the
insurance company on their own.
This figure is shocking! The people who are receiving settlements that are larger aren’t getting more money than they
deserve; it is the people who are going it alone and receiving smaller settlements who are missing out on the money that
is rightfully owed to them. Insurance companies are getting away with these smaller amounts because the injured person
does not have someone familiar with car accident litigation looking out for them and advocating for their fair recovery.
But all of that is neither here nor there. If you are reading this guide, you are already considering hiring a lawyer to
help you with your claim. Although most car accident lawyers out there are good at what they do, if you happen to pick
one lacking the necessary skills and experience, you are at risk of settling your injury claim for less than is
rightfully and fairly owed to you. It is important to remember that you have only one chance to recover. Once you settle
your case or receive a verdict, you can’t go back to the insurance company for more compensation.
Consider our client Kathy’s story as an example of how choosing the wrong attorney could have cost Kathy $200,000 in
lost compensation:
Kathy was seriously injured in a car accident with an uninsured driver. She met with an attorney who reviewed her case
and told her that she could only collect a $25,000 settlement from her uninsured motorist coverage policy. Since the
$25,000 figure did not even cover the cost of her medical care, the attorney advised Kathy to work with insurance
company on her own.
After considering her options and her ever-growing medical bills, Kathy decided to seek the advice of another attorney.
Kathy contacted us at Burger Law and we quickly met with her to take a look at the facts of her case. After carefully
looking over Kathy’s insurance coverage, we were able to determine that she could collect $100,000 from her commercial
policy of uninsured motorist coverage and $25,000 from uninsured motorist coverage on each of her personal vehicles. We
were also able to collect $25,000 in medical payments coverage from her commercial policy.
In this case, we were able to secure a recovery that was nine times more than what the insurance company had offered and
what the original lawyer thought could be recovered. Why the discrepancy between what we actually recovered and what the
original lawyer considered to be the value of her case? It is simple; we have extensive experience working with car
accident victims and know how to evaluate insurance policies to ensure that our clients receive the maximum compensation
possible.
Don’t settle for an attorney who only occasionally practices car accident litigation. Use the questions outlined in this
guide to help you find an experienced car accident lawyer who is right for you and your case so that you don’t have to
settle for less than full and fair compensation.
Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO
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