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Hiring a Personal Injury Attorney to Handle Your Case

When you or a family member has suffered an injury due to someone else’s negligence or wrongdoing, you can file what is known as a personal injury claim seeking compensation for damages such as medical expenses and lost wages.

In the case of commonly occurring incidents such as car accidents, it may seem natural that the person responsible for causing the accident or his or her insurance company will do the right thing and offer the victim a fair settlement.

Unfortunately, that seldom happens in the real world. Many at-fault parties—individuals, entities, or large corporations—refuse to take responsibility for their actions, and insurance companies routinely deny claims or use their well-trained adjusters to minimize the value of the claims.

California Personal Injury Law

California personal injury law is a set of legal rules that allow someone injured due to someone else’s negligence or intentional actions to seek compensation. It helps injured people recover money for their losses, such as medical bills, lost wages, pain and suffering, and other damages.

Here’s how it works in simple terms:

  1. Negligence: If someone (or a company) fails to act responsibly and causes harm to another person—like a car accident caused by texting while driving—they can be held legally responsible.
  2. Filing a Claim: The injured person (the plaintiff) can file a claim or lawsuit against the party at fault (the defendant) to recover compensation.
  3. Damages: Compensation can cover medical expenses, lost income, property damage, and emotional distress.
  4. Comparative Fault: California uses a system called “comparative fault.” If the injured person is partially to blame (e.g., they weren’t wearing a seatbelt), their compensation may be reduced by their percentage of fault.
  5. Statute of Limitations: In California, you generally have two years from the date of the injury to file a lawsuit. If you miss this deadline, you may lose your right to sue.
a desk with insurance claims and a gavel

Do You Need an Accident Lawyer?

If you have suffered a loss in an incident such as a car accident, it is important to evaluate whether you need to retain the services of a lawyer. If you have not suffered any injury, but have suffered property damage, you can handle the claim yourself by going through the insurance companies involved. 

However, if you have suffered injuries, have incurred medical expenses, and have lost income as a result of taking time off work, then, it would be in your best interest to consult with an experienced personal injury lawyer and obtain more information about pursuing your legal rights.

A knowledgeable personal injury lawyer will know how to build and bolster your case, how to negotiate a fair settlement, and, if necessary, how to take your case to trial. Insurance companies typically try to take advantage of plaintiffs by getting statements and information from you that could hurt their claim. 

With the prevalence of social media, insurance adjusters even take to Facebook or Twitter to dig up information against claimants and use such details against them. 

A skilled injury attorney will know how to deal with insurance companies and help protect your rights every step of the way. See our timeline of a typical car accident case to learn more about how a lawyer will handle your case.

Choosing the Right Personal Injury Lawyer

As a claimant or plaintiff, you have absolute control when choosing an attorney to represent you. Your selection is crucial as it can significantly impact the outcome of your case.

In addition to altering your experience with the legal process, your decision can also make a significant difference in your final net compensation and your feeling of an appropriate resolution in the end. There are several factors to consider before making this crucial decision:

Areas of expertise: When you look at law firms, pay special attention to their practice areas or areas of expertise. What types of cases do they handle?

Do they dabble in various areas, such as criminal defense, personal injury, and family law, or do they specialize in one area? You want to choose an attorney who has experience and a successful track record when it comes to handling cases similar to yours.

For example, suppose you are considering filing an auto product liability case after having suffered catastrophic injuries in an accident. In that case, you do not want to approach an attorney or a law firm that handles minor car accident cases.

In this situation, you need the support of a law firm with the skill, experience, and resources to pursue large automakers and a firm that frequently deals with product liability cases and serious injury cases. Utilizing experts and conducting accident reconstruction is a talent that a seasoned injury lawyer must possess if you want to win your case.

Costs involved: Most injury claims are expensive to pursue, which is why you need a resourceful attorney in the first place. You need an attorney who will work on a contingent fee basis.

You do not have to pay anything until your attorney recovers compensation. The attorney will advance the costs of pursuing your claim and will not ask you to repay them if the case is unsuccessful.

If there is a recovery, the attorney will get a percentage of his or her fees. The Bisnar Chase personal injury law firm gives clients this guarantee. We protect you from liability, and if you follow our advice and do not win your case, you will not pay. Not every attorney works on a contingent fee basis.

Ask questions: You must schedule a face-to-face meeting with the attorney in his or her office. Here are some critical questions to ask during your meeting:

  • What are your areas of specialization?
  • Is the initial consultation free?
  • Have you handled cases similar to mine?
  • How many cases have you handled, and what was the outcome?
  • Who will work on my case?
  • Will you take my case on a contingent fee basis?
  • Will you advance the costs and not look to me to repay if it is not won?
  • How long will it take for my case to be resolved?
  • How will your office keep me informed about the case’s progress?
  • How long will it take you to return my calls?
  • How many cases do you settle versus take to trial?
  • Have you received punishment from an ethics committee? If so, why?
  • Will you go to trial if I’m not satisfied with the settlement?
  • May I see testimonials from other previous clients?

Pitfalls to Avoid When Hiring a Personal Injury Attorney

When you’re considering hiring a personal injury attorney, it’s easy to stumble into common traps that can mess up your case or leave you with the wrong person for the job. Here’s a rundown of mistakes to steer clear of.

1. Jumping at the First Name You See
It’s tempting to pick the attorney with the loudest ad or the top Google result, but that’s a gamble. Some of those folks are more about slick marketing than actual results. Dig a little—check reviews, ask, or see if they’ve handled cases like yours. You want someone who’s got the chops, not just a flashy billboard or a lead farm running ads.

2. Ignoring the Fee Fine Print
Most personal injury attorneys work on contingency—meaning they only get paid if you win—but that doesn’t mean it’s all straightforward. Some might tack on extra costs like filing fees or expert witness charges you didn’t see coming. Ask upfront: What’s the percentage? Are there hidden costs? A good attorney won’t dodge the question or leave you guessing and will be fully transparent.

3. Not Asking About Their Experience
Hiring an individual who has never been in a courtroom or primarily handles minor cases when you have a serious injury can lead to complications. Directly question them: How many cases similar to mine have you handled? Have you gone to trial? You don’t need a rookie learning the ropes on your dime.

4. Falling for Big Promises
Avoid an attorney who assures you of a significant win or offers substantial money before even considering your case. No one can predict precisely how things will shake out—too many variables exist. What you want is someone honest, not a hype machine.

5. Waiting Too Long to Decide
Time’s a sneaky factor here. Every state has a statute of limitations—usually a couple of years from the injury—to file a claim. Drag your feet, and you could lose your shot entirely. Evidence like witness statements or security footage gets fuzzier the longer you wait. Don’t sit on it too long just because you’re unsure.

6. Picking Someone You Can’t Talk To
You’ll be working with this person during a rough patch, so it will be a nightmare if they’re hard to reach, brush off your questions, or talk over your head with legal mumbo-jumbo. Meet them first—see if they listen, explain things clearly, and make you feel heard. Chemistry with your attorney matters.

7. Assuming They’ll Handle Everything Solo
Some people think hiring an attorney means they can check out. Not quite. Your attorney needs you in the game—updating them on doctor visits, handing over bills, or flagging anything new. If you go radio silent, they’re working with one hand tied behind their back.

8. Settling Too Fast Without Knowing Your Options
An attorney might nudge you to take the first offer from the insurance company to wrap things up quickly. Don’t bite unless you’re sure it’s fair. Ask your attorney to explain what your case could be worth—medical costs, lost wages, pain, and suffering—and whether holding out might make sense. It’s your call, but you need the full picture.

Protecting Your Rights

Finally, choose an attorney with whom you can have a good working relationship. Make sure you can get along with the person. Ask yourself if you are happy with the way you were treated when you walked into the law office. 

Did you have a good feeling about the people you met? Were you happy with the manner in which your questions were answered? These are all some of the questions you must ask and answer in order to ensure that you select the right injury lawyer for your case.

The experienced California personal injury lawyers of Bisnar Chase have spent more than three decades protecting the rights of injured victims and their families. If you or a loved one has been injured as a result of someone else’s negligence or wrongdoing, please contact us at 949-203-3814 for a free and comprehensive consultation.

Picture of Brian Chase

Brian Chase

Articles and blogs have been reviewed by legal in-house staff. Brian Chase is the managing partner of Bisnar Chase Personal Injury Attorneys, LLP. He is the lead trial lawyer and oversees cases handling dangerous and defective products that injure consumers. Brian is a top-rated injury attorney with numerous legal honors and awards for his work relating to auto defects and dangerous products. His firm has recovered over $1B for its clients. Brian is a frequent speaker for CAOC, Dordick Trial College and OCTLA, covering personal injury trial techniques.

Bisnar Chase Personal Injury Attorneys, LLP

1301 Dove St STE 120, Newport Beach, CA 92660

800-561-4887