Legendary Trial Lawyer Gerry Spence, Founder of The Spence Law Firm, Dies at 96 -- Read more

Legendary Trial Lawyer Gerry Spence, Founder of The Spence Law Firm, Dies at 96 -- Read more

Common Mistakes to Avoid When Hiring Work Accident Attorneys

Aug 23, 2024

There are thousands of work accident attorneys out there. So when it comes time to find the right work injury lawyer, injured workers may face a daunting task. Knowing a few of the mistakes to look out for is immensely helpful for many and saves lots of time, money, and effort.

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Failing to Research Attorney Credential and Experience

Attorneys are licensed professionals who frequently tend to work in a few specialty fields. As such, they often don’t take on cases in fields foreign to their own.

For example, a criminal defense attorney may have an enviable record of defenses. However, they may have to do some homework if suddenly asked to represent a client in a business law or child adoption matter (unless they happen to have experience in these areas as well).

When seeking a work injury lawyer, injured workers must find work accident attorneys who tick the following boxes:

  • Extensive, meaningful experience in work injury cases
  • Successful representation of clients in work injury cases
  • Current or recent work in work injury cases

Many injured workers fail to do their research and end up with the wrong attorneys representing them.

Failing to Ask About Approaches/Case Strategy

When you ask a potential work accident lawyer about how they intend to approach the case, you get insight into their strategies. You also learn whether they will be giving you the cookie-cutter treatment or specialized, tailored care and representation.

If it is cookie-cutter, their answers to questions about strategy will be largely lacking in substance and given without regard for your unique situation.

On the other hand, an attorney who plans on treating your case as it should be treated will respond with specific answers and details unique to your case. They will reference unique aspects of your case and make sure you know your case and story are important to their firm.

Not Asking About Fee Structure

For many, attorneys are a bit intimidating. Therefore, during their initial consultations, potential clients are sometimes scared to ask questions and often let important issues or details ride in hopes everything will be fine.

Attorney’s fees are a topic some clients do not feel comfortable discussing, or they simply do not bring it up. Many figure that their lawyer will be representing their best interests so they leave the matter alone until the end of the case.

The problem with not understanding fee structures in these cases is that the lack of knowledge can lead to unreasonable expectations and hard surprises when it comes time to pay the bill. If you are unaware of the fees and costs, you may calculate your take-home compensation higher than it really is.

Generally, workers’ comp lawyers charge $180 per hour by order of the Office of Administrative Hearings.

However, this fee may differ if your workers’ compensation attorney is representing you in a parallel matter, such as a third-party injury claim arising out of the same work accident. If so, they may charge a percentage of your compensation, ranging between 25% and 40%.

Waiting Too Long to Hire Representation

Waiting too long to seek representation often translates into a loss of some or all of the work injury compensation a worker is entitled to. Delaying risks doing damage to your case through a lack of knowledge of the law and formal and informal rules.

By the time you hire an attorney, you may have considerably damaged the outcome of your case by agreeing to far too little compensation or other terms that benefit your employer or insurance companies.

FAQ

What Compensation Should I Expect?

Workers’ comp benefits include:

  • Medical care
  • Limited lost income
  • Disability
  • Vocational benefits
  • Funeral expenses for fatalities

Your specific circumstances will dictate the benefits you can receive. You may also be entitled to compensation from a third-party accident claim should another party be partially or wholly responsible for your injury.

In the context of work injuries, third parties are those who are not part of the workplace as employees or employers. They include the general public, customers, clients, and employees of other companies.

How Much Do Work Accident Attorneys Charge?

Work accident attorneys charge $180 per hour by law if representing you in a workers’ comp matter. However, they may have a different billing structure if representing you in a third-party lawsuit, in which case they may charge a contingency fee, often between 33% and 40% of the total damages they recover on your behalf.

Do I Really Need a Work Accident Attorney?

If you have been injured at work, you should strongly consider hiring an experienced work accident attorney if you need maximum compensation. Hiring an attorney will increase your odds of getting maximum compensation and can be extremely helpful in getting you paid within a reasonable time. 

A work accident attorney will also make sure your forms and submissions are complete and compliant to avoid unnecessary delays and rejections.

Additionally, with an attorney representing you, you are less likely to leave compensation behind. An experienced work accident attorney will identify all the types of compensation available and pursue them vigorously.

Finally, work accident attorneys don’t only fight to get you compensation; they also provide you with guidance and answer your pressing questions. Throughout the claim process, you will be informed and kept in the loop. The information you are given will be extremely useful in making life decisions revolving around your case.

Work Accident Representation You Can Rely On

The work accident attorneys at the Spence Law Firm are ready to meet. You’ll get all your questions answered and receive tailored guidance on your next steps. Your future matters to the Spence Law Firm. Let our team fight to get you the compensation you truly deserve.

Schedule a free consultation with The Spence Law Firm, LLC

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If you are struggling with a serious injury, or are fighting against seemingly impossible odds against big corporations, insurance companies or the government, call us to speak with our team of trial lawyers who will fight for you. We take no fee unless we earn it by winning your case.