Start by asking friends and relatives whether they know a lawyer they would trust.  Once you have the name and number of a few attorneys call and ask if they handle the type of case you have and if not whether they can recommend a good lawyer who does.

 If you don’t know anyone who knows an attorney there are other resources available that can get you started such as: (1) the internet (www.martindale.com lists lawyers by location and practice area and gives a peer rating); (2) the Mobile Bar Association Lawyer Referral Service (433-1032); (3) the Connection; (4) the yellow pages; and (5) TV commercials.  There is nothing wrong with a lawyer advertising on TV these days (I do it) but I recommend that you personally have a converstion with the lawyer who you saw on the commercial to make sure that he will be handling your case.  Some lawyers simply advertise for cases and refer them to other lawyers.

The rules of ethics prohibit lawyers from comparing their legal services to that of other lawyers in advertisements.  Therefore, it is important to schedule a face to face meeting with any attorney you are considering hiring to discuss your case and find out more about their experience and qualifications to handle your case.  At your initial consultation you should ask the following questions: 

• How many years have you been practicing law?

• How long have you been handling cases like mine?

• How many cases like mine have you handled and what is your success rate?

• Have you ever been disbarred, suspended, or disciplined by any Bar Association?

• Are you currently the subject of any Bar Association investigation or complaint?

• Do you have professional liability insurance?

• Did you graduate from an American Bar Association accredited law school?

• Did you pass the Bar Exam on your first attempt?

• How long do you expect it to take to conclude my matter?

• How much is my case worth?

• How will you keep me reasonable informed of the status of my case?

• How many cases have you tried in court? (if your case may result in litigation)

• What is your record of wins and losses in court?

• Will anyone else, such as an associate or paralegal, be working on my case?

• Will anyone other than you be appearing in court on my behalf?

• What are your legal fees based upon?

• Do you have a written representation agreement? 

• What do you do for fun?

• Where do you attend church? (if that’s important to you don’t be afraid to ask)

You should probably not hire a lawyer who: 

• becomes offended or refuses to answer these questions  
• does not have professional liability insurance    

• has been in trouble with the Bar Association

• is not willing to explain the basis for his fee

• will not give you a written representation agreement.

 You should be skeptical of any lawyer who:            

• doesn’t have gray hair (I have plenty of it)
• you cannot personally get on the telephone after a few calls 
• spends a lot of money on advertisements but hasn’t been practicing all that long
• runs a lot of TV ads but doesn’t want you to see his office   
• did not pass the bar exam after a reasonable number of attempts  
• says that he can guarantee the outcome of your case    
• will put a specific monetary value on your case           
• promises things that you should expect anyway (like he will return your calls)  
• claims to have a perfect courtroom record  
• does not have a life away from the office

Throughout this process your goal should be to get enough information about the attorney you are considering hiring so that you feel comfortable with your decision.  If you can answer “Yes” to the following questions after your interview process is over you have probably found the right attorney for you: 

1.      Does the attorney have the background and experience to handle my case?

2.      Are my expectations for the case in line with those of the attorney?

3.      Is the attorney personable, accessible, and easy to communicate with?

4.      Am I comfortable that the attorney is willing to represent me to the best of his ability?

I have been practicing law in Mobile for 13 years and I have handled hundreds of auto accident cases.  The vast majority of them, probably 95%, were resolved out of court.  Insurance companies usually recognize a good case and offer to pay what it’s worth without going to court.   If an offer to settle your case is already on the table, you should consider the additional time and expense of pursuing your case before filing a lawsuit.  It could take years to get your case through the court system and cost thousands of dollars in expenses during that time.  You may have heard the phrase “a bird in the hand is better than two in the bush.”  Applied to your situation, this means you may end up better off if you take the current offer rather than filing a lawsuit and waiting years and years hoping for more money.               Also, there is no guarantee that you will win your lawsuit.  Statistics show that there is only a 46% chance of recovery in all litigation in the State of Alabama.  In other words, 54 out of 100 people who file a lawsuit will lose their case completely.  The other 46 people who get a verdict are not guaranteed an amount equal to or greater than any offer that was on the table before filing suit.   There are times when litigation is necessary and very productive; however, you should rely upon the experience and judgment of the attorney you hired.  If you don’t have enough confidence in your attorney to respect their advice then maybe you should get a second opinion.  Having given many second opinions over the years, you may have a “bird in the hand” that you should consider accepting.

One of the most frequently asked questions that I get from clients is “if the accident was the other guys fault why does my health insurance  have to pay my medical bills?”  This is a good question with an answer that can be very difficult for an accident victim to understand.  After all, the client has been injured, inconvenienced, put out, and victimized by the driver who caused the accident— shouldn’t his insurance company be paying for everything?

 Yes, his insurance company should be paying for everything if he has insurance.  However, his insurance company will not pay expenses as they are incurred.  In the 13 years that I have been handling accident cases I have never seen an automobile insurance company pay expenses as they are incurred.  The way it works is that the insurance company will pay one lump sum at the end of the case.  This lump sum will include reimbursement for medical expenses, lost wages, pain and suffering, mental anguish, and any other element of damages that may come into play. 

That’s why your medical insurance provider has to pay for your medical expenses. If you think about it that’s why you have medical insurance to begin with— to cover your medical expenses for any injury or illness that you receive no matter whose fault it is.  Insurance is designed to protect you from the negligence that you are exposed to in society. 

You have medical insurance to take care of you if you are injured so you should use it.  There are actually some big advantages to using your medical insurance and/or medicare benefits to pay for treatment related to an injury caused by a third party.  These advantages will be the subject of another post in the future. 

If you are certain the other driver does not have insurance, the responsibility of this wreck now falls on you.  Read your insurance policy.  Do you have uninsured motorist coverage?  U.M. coverage is one of the most important coverages to have and you should have the maximum amount that your insurance company offers.  It is cheap and vital.  In your situation, if you have U.M., contact your agent and call an attorney.  You will have to make a claim against your own insurance to pay for the damage to your car and your medical bills.  Oftentimes it is helpful to have a lawyer representing you because they can be responsible for submitting all the proof and medical records to your insurance company on your behalf. What happens in this case if neither driver has insurance?  Be prepared to pay all of your bills. Then get insured.

Under Alabama law the owner of the horse is not responsible for damages to your vehicle or injuries that you suffered unless he or she intentionally placed the horse on the roadway.  Also, the fact that the owner may not have maintained or repaired his or her fences properly is not enough to show intent. 

 Although Alabama Code section 3-5-3 does make the owner of livestock responsible if it eats someone’s crops, trees, shrubs or flowers, that section gives the owner immunity if the animal is struck by a vehicle.  This law was passed in 1939 when Alabama’s economy was largely agricultural and the communities were more rural than they are now.  By looking at the legislative history of this statute it is clear that the legislature intended to “protect livestock owners from liability in rural areas where livestock is concentrated and the probability that stock could get on to the highways was prevalent.”  It makes sense that the legislature would want to protect the people who are raising our food supply from urban expansion and automobile traffic in rural areas. There is at least one very narrow exception to this law that I am aware of so you might want to talk with an attorney about your specific case.   Also, it goes to show you again how important it is to make sure that you protect yourself by carrying full coverage insurance that includes property damage and uninsured motorist benefits. The next time you pass a horse or cattle farm when you’re on the road, especially at night, keep an eye out for Bessie or Mr. Ed because you’re responsible for your own damages. 

One of the most frequently asked questions that I get from clients is “if the accident was the other guys fault why does my health insurance  have to pay my medical bills?”  This is a good question with an answer that can be very difficult for an accident victim to understand.  After all, the client has been injured, inconvenienced, put out, and victimized by the driver who caused the accident— shouldn’t his insurance company be paying for everything?

 Yes, his insurance company should be paying for everything if he has insurance.  However, his insurance company will not pay expenses as they are incurred.  In the 13 years that I have been handling accident cases I have never seen an automobile insurance company pay expenses as they are incurred.  The way it works is that the insurance company will pay one lump sum at the end of the case.  This lump sum will include reimbursement for medical expenses, lost wages, pain and suffering, mental anguish, and any other element of damages that may come into play. 

That’s why your medical insurance provider has to pay for your medical expenses. If you think about it that’s why you have medical insurance to begin with— to cover your medical expenses for any injury or illness that you receive no matter whose fault it is.  Insurance is designed to protect you from the negligence that you are exposed to in society. 

You have medical insurance to take care of you if you are injured so you should use it.  There are actually some big advantages to using your medical insurance and/or medicare benefits to pay for treatment related to an injury caused by a third party.  These advantages will be the subject of another post in the future.