Getting injured or ill due to someone’s negligence is both financially and emotionally exhausting. Pursuing a premises liability claim is one of the only ways to hold the guilty party responsible. However, navigating legal jargon and complicated court procedures is no small task.
When your world is falling apart, having an experienced attorney by your side can offer solace. If you’re planning to hire a premises liability lawyer but don’t know how to choose the right one, this guide is for you. Here are eleven questions you should ask when hiring a premises liability attorney:
1. Have You Handled Cases Similar to Mine?
Premises liability cases are of numerous types, such as slip-and-fall accidents, elevator accidents, and swimming pool accidents. The strategies required for winning a slip-and-fall case due to wet floors might be different than those of a defective elevator case. Therefore, it is important to inquire about an attorney’s experience in similar premises liability cases to yours.
A personal injury lawyer with extensive experience in premises liability cases can significantly increase your chances of getting fair compensation.
2. Are You Familiar with State-specific Laws and Regulations?
The regulations for premises liability claims vary from one U.S. state to another. For instance, in Nevada, courts and insurance companies rely on modified comparative negligence to identify the guilty party. According to modified comparative negligence, both the injury victim and the property owner are evaluated, and each is assigned a percentage of negligence. To seek compensation in Nevada, the injury victim needs to have a negligence percentage of less than 50%.
Given such scenarios, it is critical to hire an attorney who is well-versed in state and city laws. For example, if you’re living in Las Vegas, hire a reliable Las Vegas premises liability lawyer. They will efficiently navigate legal complexities and ensure you get compensated for monetary and non-monetary damages.
3. What is Your Success Rate?
Judging the competency of a lawyer based on their training and experience is a great practice. However, given how sensitive premises liability cases are, you should ask the lawyer about their success rate. Having a specific number or percentage in mind can increase your confidence and offer peace of mind.
The success rate depends upon various factors, such as the complexity of your case, availability of evidence, and the attorney’s approach towards trial and negotiation. A confident personal injury lawyer or premises liability attorney won’t hesitate to give you exact figures. Consider hiring an attorney who has a comfortable success rate in cases similar to yours.
4. What are the Strengths and Weaknesses of My Case?
Once you’ve assessed the competence and experience of your attorney, ask questions directly related to your case. Ask your attorney to evaluate the strengths and weaknesses of your case.
For example, if you suffered from a slip-and-fall accident on the mall floor, multiple factors will determine the amount of compensation. If there are eyewitnesses, your case will become stronger. However, if there was a nearby warning sign, the chances of compensation might be reduced.
5. What Legal Strategies Would You Use?
Each premises liability case is different. Ask your lawyer what legal strategies they would use to gather evidence, talk to eyewitnesses, and negotiate with the responsible party. Assess how confident your lawyer is in their chosen strategy.
6. Who Will Be Handling My Case?
Most people work with a law firm that has a team of premises liability attorneys. Many law firms assess the complexity of a case to decide whether to delegate it to a senior attorney or a junior paralegal. In many cases, an attorney may never look at your file and communicate with you.
Make sure you have direct contact with the attorney running point. A reliable law firm will explain the decision-making process and reassure you that your case will receive personal attention.
7. Will I Get Compensated for Non-economic Damages?
In addition to economic damages, such as loss of wage and medical expenses, premises liability claims also offer compensation for non-economic damages. In most U.S. states, including Nevada and Florida, victims are eligible to recover non-economic damages.
Common examples include:
- Traumatic incident stress
- Emotional suffering
- Loss of enjoyment of life
- Inconvenience
Ask your attorney to assess the worth of your case, including non-economic damages. Reliable premises liability lawyers use expert testimonies and psychological evaluations to help establish the full extent of your loss.
8. Will You Handle Negotiations With Insurance Providers?
In most premises liability cases, the victim has to negotiate with insurance adjusters. They assess the details of your claim, review incident reports, and interview relevant parties. Insurance adjusters try to distribute the claim and reduce the amount of compensation you’ll receive. They can convince you to accept low-ball offers.
Ask your lawyer if they’ll talk to the insurance provider on your behalf. Personal injury lawyers are aware of the strategies used by insurance adjusters. They will use evidence and additional methods to help you get fair compensation.
9. What is Your Payment Policy?
Before hiring an attorney, it is critical to understand their payment policy. Most personal injury lawyers work on a contingency fee basis, which means they only get paid if you win the case. The contingency fee is the percentage of the settlement amount. Clarify what percentage of the settlement your lawyer will take to avoid any surprises in the future.
However, there are some additional costs you would have to pay from your pocket. This can include document filing fees and expert witness fees. Ask your lawyer to give you an estimate beforehand.
10. How Often Will You Communicate With Me?
Regular communication is key for a pleasant attorney-client relationship. Some attorneys provide frequent updates, while others reach out only when there is a significant development in your case. Ask your attorney how they’ll contact you, via Email or phone.
Make sure you and your lawyer are on the same page to prevent any roadblocks and delays in the process.
11. How Long Do You Think the Process Will Take?
Premises liability cases are long and exhaustive. While there is no fixed timeline, you can ask for an estimate. The lawyer will assess the strengths of your evidence and the response from opposing parties to make predictions.
Having a potential timeline can help you prepare and manage expectations.
