Why Your Choice of Lawyer Matters After a Serious Injury
If you are injured in a serious accident, your choice of lawyer can mean the difference between getting fair compensation—or being left with large bills and much regret! Across Alabama, the legal market is flooded with firms that say they handle personal injury claims. Do they really prepare these cases?
It’s easy for any law firm to put a page on its website claiming it handles personal injury cases. How many of these lawyers are real trial lawyers—not just advertisers? How many of these lawyers are dedicated solely to personal injury law? How can you tell the difference?
Not All Personal Injury Lawyers Are Created Equal
The truth: not all personal injury lawyers are created equal. Not every lawyer who claims to handle injury cases has the skill, experience, or courtroom toughness needed to win. Not every lawyer who claims to handle injury cases dedicates 100% of their professional time to studying, learning, and advocating in this area of the law.
Why a True Trial Lawyer Makes a Big Difference
In today’s post, I’ll break down why hiring a true trial lawyer is critical for your maximum recovery—especially in Alabama, where the legal system is tough. And I’ll discuss how to separate real expertise from clever advertising. So, let’s talk about some of these issues.
Understanding Alabama’s Harsh Contributory Negligence Rule
What Is Contributory Negligence?
Alabama still follows the harsh doctrine of contributory negligence. I’ve discussed contributory negligence several times in prior blog posts. What is contributory negligence? It means if you’re found even 1% at fault, you can be barred from recovering anything.
It’s a rule defense lawyers and insurance companies use aggressively to deny and underpay legitimate claims.
Why You Should Avoid Talking to the Other Driver’s Insurance
Because of this rule, I’ve written several times that you should not start talking or giving statements to the insurance adjuster for the other driver. After a car crash, you may be dazed, hurting, or taking pain medication. On top of that, adjusters are trained to ask the right questions to better deny or delay claims.
Because of this rule, you should not hire a lawyer who lacks complete focus on personal injury claims.
Personal Injury Law Is Complex and Demands Focused Expertise
Legal and Medical Issues Often Overlap
The legal principles of contributory negligence are not the only unique and complicated legal issues involved in personal injury cases. These cases often involve complex legal issues related to medical proof, expert witnesses, and damages.
Missteps Can Cost Victims Even More
Personal injury cases can involve complex rules related to health insurance and repayment obligations. Over the years, I’ve seen many personal injury victims suffer additional losses because they hired a lawyer who did not understand those rules.
And personal injury cases involve procedural rules very different from criminal, probate, or other types of cases.
Why Experience and Dedication Matter in Injury Cases
If you are seriously hurt in an accident, you need someone who can:
-
Develop strong legal arguments
-
Investigate the facts thoroughly
-
Present a compelling case to a jury
You Need a Lawyer Who Knows Personal Injury Law
In other words, you need someone who KNOWS the complicated area of personal injury law; KNOWS how to investigate and develop personal injury cases; and, KNOWS how to tell your unique story to a jury. Your case is too personal and too important to trust someone who is not 100% dedicated to this area of the law.
In Alabama, Anyone Can Advertise for Injury Cases
Unlike some states, the Alabama State Bar does not offer board certifications in personal injury or trial law. Any attorney can advertise for personal injury cases, regardless of experience. So many inexperienced attorneys do advertise for these cases. Anyone can smile and ask you to call!
Many Local Firms Lack True Injury Focus
Many firms that advertise heavily in North Alabama spend far more time on bankruptcy, criminal defense, real estate or family law than they do on serious injury claims. Here, in Huntsville, we even have one firm of DUI lawyers who decided to advertise heavily for personal injury claims. While they claim “millions in recoveries” in their advertising, their website actually has fine print (that you don’t notice unless you already know it’s there) telling the truth – They sign cases and send them to other lawyers. Horrible! I think that kind of misleading advertising is terrible!
“Jack of All Trades” Firms Hurt Injury Victims
Another local firm markets itself as “one firm” with “many services.” I hate to burst that bubble but a jack-of-all-trades is a master of none! It’s not surprising I don’t see lawyers from either of these firms at local status hearings for serious injury cases.
Would You Hire a Dermatologist to Perform Surgery?
Imagine hiring a surgeon who also splits his or her time between dermatology and a general practice. Would you see a dermatologist for a ruptured spinal disc that might require serious surgery? Of course not. But, that’s the reality with many general law firms that advertise for personal injury — they lack focus, and that hurts your case.
Lack of Focus Hurts Your Case
At the end of day, you pay the price for their lack of focus and dedication. I’ve counseled Alabama injury victims for many years. I hear the stories of pain and loss every day. These stories are far too important to trust to any legal counsel that is not 100% focused and dedicated to personal injury trial work.
True Injury Law Requires Ongoing Commitment
True personal injury law requires ongoing learning, expert relationships, and courtroom skills that you can’t develop by dabbling. You certainly cannot develop these skills simply by having your website company create a personal injury page hoping for a client to sign and refer.
Some other lawyers handle injury claims but then never go to trial. Instead, they run settlement mills. Insurance companies know who these lawyers are — and they offer lower settlements as a result. It should come as no surprise – Insurance companies keep detailed data on lawyers, doctors, and local areas. The insurance company knows whether or not you have a serious trial lawyer! It makes a difference!
What should you do when seeking a personal injury lawyer? Ask potential lawyers:
– Do you focus exclusively on injury law?
– How many trials have you handled?
– Will you handle my case personally?
Red flags include lawyers who handle many unrelated practice areas, push quick settlements, work solely through investigators, or hide their courtroom inexperience. A true trial lawyer is not afraid to talk about their dedication, devotion and experience in this area of the law.
Choose a Lawyer With Real Trial Experience
At Blackwell Law Firm, we’ve tried many serious injury cases to verdict over the course of decades. We’ve tried cases in courts and counties across Alabama. We’ve tried cases in our local Federal Court. And, we’ve handled appeals of serious injury cases before both the Alabama Supreme Court and Alabama Court of Civil Appeals. We are proud of our singular focus on personal injury at every level of trial and appellate court. We prepare every case for trial — even if it settles — so our clients always have leverage. Outside the courtroom, we continuously study personal injury law, trial skills, and storytelling. We believe in being singularly focused to give our clients the best possible work.
Choose a personal injury lawyer who:
– Has real trial results in personal injury cases
– Knows the medical/legal landscape by preparing serious injury cases
– Personally guides your case by telling your story
– Will fight for maximum justice, not just settle fast for a quick check
Schedule a free consultation to speak directly with an experienced trial attorney serving Huntsville, Athens, Decatur, and all of North Alabama. We want you to have the answers you need.
(256) 261-1315
