How to choose the right personal injury lawyer

If you’ve suffered an injury in an accident that wasn’t your fault, making a personal injury claim may help bring some closure, as well as help fund your recovery and future needs. However, choosing the right personal injury lawyer to support you through the process is an important decision, and one most people have never had to think about before.

It’s easy to assume any personal injury lawyer will do the job. In reality, the choice you make at the outset can significantly affect how smoothly your claim progresses, how much support you get along the way, and ultimately, how successful your claim is.

In this blog, personal injury Partner, Samantha Castle, explains why instructing the right solicitor is so important and what to look for in your search.

I want to make a personal injury claim; where do I start?

Starting the initial process for making a personal injury claim can be daunting and emotional. You want to feel supported and, quite often, you just want to have everything dealt with as quickly as possible. However, personal injury claims aren’t one-size-fits-all.

We suggest that you have a lawyer who is used to handling your type of claim and has experience with the type of injuries you have suffered; the right specialism affects how well the accident circumstances are understood and how your claim is valued.

Choosing the right solicitor isn’t a decision that should be made hastily, as the cheapest or first result in your search results may not necessarily be the best choice for you or the claim.

Key things to check before instructing a personal injury lawyer

‘Can this firm take my claim?’ isn’t the same as ‘Is this the right firm for my claim?’ When searching for a solicitor to take on your claim, here’s what you should look for:

• Whether they specialise in your type of injury. Cycling accidents, brain injuries and occupier’s liability claims all involve different processes, different evidence, and different considerations when it comes to liability. Clarify whether your case is something they regularly take on and specialise in, not just something they can technically take on.
• What’s their track record with cases like yours? Do they have case studies and client testimonials about injuries like yours? What are their website pages like? Are they up-to-date and useful?
• Are they regulated? Check that the law firm is regulated by the Solicitors Regulation Authority (SRA). This matters because the SRA is responsible for solicitor standards and ensuring firms are compliant with their Code of Conduct, meaning you’re protected by professional conduct rules.
• Do they have the relevant accreditations? Being an APIL member or having a ranking in legal directories such as Chambers and Partners and Legal 500 is something to consider. Also, professional and industry memberships such as accreditations from AvMA, Headway or SIA also show that the firm cares about supporting its clients beyond compensation.
• How do they charge? Most personal injury lawyers offer a ‘no win, no fee’ arrangement (also known as a Conditional Fee Agreement), but the details matter. Ask for details about what percentage is taken from your compensation and what really happens if your claim is not successful. If they are not transparent in your initial meeting, or are not happy to provide clear information, question whether they are the right firm for you. There’s a common myth that no win, no fee is the same as zero risk, but this is not the case.
• Do they have access to trusted resources? Complex claims can require medical experts, rehabilitation professionals, barristers and other specialists. A firm with established relationships with professionals can build a stronger case. Read more about who might be involved in your personal injury claim.
• Will you have a consistent point of contact? Personal injury claims can take a long time, so it’s worth asking who your point of contact will be and who can help you in their absence. It’s worth looking for a firm with an excellent team behind them, which can include Paralegals, Legal Secretaries and Administration Assistants to ensure a case is progressed efficiently. It’s also wise to ask about how they will communicate with you and how often.

Beware of time limits

There’s also a time pressure most people aren’t aware of. There are time limits for personal injury claims. In England and Wales, you generally have three years from the date of the accident to make a claim. That sounds like a long time, but evidence fades, witnesses move on, and early delays can narrow your options. Starting with the right lawyer from day one protects that window rather than eating into it.

Each law firm has its own processes for dealing with personal injury claims. It’s important to think about the above carefully before signing any agreements.

Red flags to watch out for

Choosing the right lawyer to handle your personal injury claim is important. If you aren’t sure, here are some common things to watch out for:

• Pressure to sign an agreement on the spot, before you’ve met with your lawyer and/or had time to think about it properly.
• Vague information about fees or expertise in the relevant area.
• Being contacted by a personal injury claims company out of the blue. Genuine law firms don’t typically cold-call accident victims. If you’ve been injured in a road traffic accident, it’s common for the at-fault party’s insurance company to contact you directly, offering to settle your personal injury claim. Read more about this and how you can prevent being caught out here.

What are the benefits of having an experienced lawyer act for me?

Having a specialist, qualified personal injury lawyer on your side makes a significant difference in providing a better chance of successfully claiming compensation.

An experienced solicitor will be familiar with the claims process and will work to successfully conclude your claim at an early stage without compromising your interests. A lawyer will also understand the procedural rules and limitation periods, which, if missed, can dismiss a claim entirely. They will also have the expertise to help you achieve a fair outcome.

Another benefit of claiming for personal injury using a solicitor is that they will be able to help you to get access to specialist rehabilitation and treatment during or after the claim.

What information and evidence will my solicitor need?

Once you have instructed a solicitor, they will require certain information to build evidence against your case to help you receive the best outcome. It’s likely your lawyer will ask for:

• The circumstances of the accident
• Who you think was to blame for the accident and why
• Medical information
• The impact of the injury on your day-to-day life
• Employment and financial consequences
• Rehabilitation needs
• Evidence and witnesses

What if I’ve changed my mind about who is representing me?

If you encounter problems or any issues with the firm you have instructed, changing solicitors after a claim has started is not necessarily as simple as telling one firm that you want to move elsewhere. This is due to several factors in the financial agreement, which can include:

• Legal costs, including fixed fees if the claim is valued at less than £100,000
• Disbursements
• Contractual obligations
• Costs already incurred
• The transfer of the case file
• Funding arrangements

Before signing an agreement with your chosen firm, ask your solicitor or a member of the team to go through the financial arrangement (i.e. a Conditional Fee Agreement) to ensure you are certain of what this entails and any issues that may arise.

Can I use Before-the-Event (BTE) insurance to fund my claim?

If you have taken out motor, household or any other insurance, Before-the-Event (BTE) insurance is often included. This insurance can protect people or businesses when an unexpected legal issue crops up. For many people with this insurance, it’s assumed that using their BTE insurance automatically means they will receive the same service as they would from a solicitor they have personally chosen; however, this is not necessarily the case.

Insurers commonly have arrangements with panel firms and, depending on the policy and circumstances, a claimant may initially be directed towards a panel firm.

If you are considering going through your insurance company to pursue a personal injury claim, you should think about:

• Who will handle the claim?
• Will I have a named person handling my case?
• Are they a qualified lawyer?
• How much direct contact will I have with that person?
• Who will make strategic decisions about my case?
• What experience does the person dealing with my claim have?
• What does my policy provide?

Contact our Personal Injury team

Choosing your personal injury lawyer carefully puts you in a stronger position for everything that follows. Take the time to ask the questions above before you commit to anyone.

If you’d like to talk through a potential claim, our Personal Injury team is happy to have that conversation with no obligation attached.

To discuss a claim for personal injury, call 0117 325 2929 or complete our online enquiry form.