Finding An Insurance Lawyer
You may already have a list of prospective lawyers. Before you go any further,
take a few more minutes to make sure that you are looking for the right kind of
lawyer. There are all kinds of lawyers who practice in the insurance area. As
some general guidelines, keep in mind the following:
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If you're fighting with your own carrier to establish coverage, you may
want a lawyer in one of the following areas of expertise:
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A "bad faith" lawyer if your own insurance company has denied
insuring you or has turned down a claim that you have submitted
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A personal injury lawyer if you are dealing with uninsured motorist insurance
on a claim where you were injured
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A workers' compensation lawyer if you were injured on the job
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A social security or disability lawyer if you are filing a claim for benefits
under Medicare, Medicaid or other government programs
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If you're fighting with someone else's insurance company, you may want
to hire:
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A personal injury lawyer if you have been injured by a third party
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A malpractice lawyer if you are dealing with a professional negligence issue
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A workers' compensation lawyer if you were hurt on the job
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If you already have a lawyer, you may want to check with that lawyer first on
any of these kinds of issues. In many instances, he or she will have the
necessary expertise to at least get the ball rolling on your situation and to
help you with the decision-making process.
If you know what kind of lawyer you need, find out every thing you can about
the lawyers and then do some initial screening to whittle down your list to
three or four prospective candidates:
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Look at the biographies and Web sites for the lawyers and their law firms. Do
they appear to have expertise in the area of business law that you need? Do
they have any information on their Web sites that is helpful to you?
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Lawyers who represent insurance companies generally don't represent
consumers with problems in this area. So if you're a borrower or a
consumer, look at the profile for the lawyer and his or her firm to see whom
they primarily represent. If you can't tell, call the lawyer's office
and find out.
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Look for a list of representative clients. Are they the types of clients that
you would want your lawyer representing? Does the lawyer represent other
businesses or people in situations similar to yours?
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Search the Internet under the name of the lawyer and his or her law firm. Can
you find any articles, FAQs or other informational pieces that the lawyer has
done that give you a level of comfort?
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Ask other people if they have heard of the lawyers and what they think about
them
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Contact your state bar association or go to their Web site to find out if the
lawyer is in good standing
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Check out the yellow pages of your telephone directory. Does the lawyer
advertise? If so, do you find it compelling? Helpful? Tasteful?
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Check out the archives of your local newspaper. Has there been any publicity
about the lawyer or the cases that he or she has handled?
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You'll probably want to hire a lawyer with at least a few years of
experience
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Look to see if a lawyer is affiliated with associations that cater to your
legal issues. For example, many bar associations have sections in insurance law
and other related categories
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Unless there are special circumstances, you'll want to hire a lawyer with a
local office
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Before you hire a lawyer, ask for references. You would want to talk to people
who could comment on the lawyer's skills and trustworthiness. Ask if it is
okay to talk to some of the lawyer's representative clients.
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Ask about conflicts of interest. Does the lawyer represent any opposing
parties?
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Ask for a copy of a firm brochure and promotional materials that the firm may
have. Crosscheck these materials against your other sources and references.
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Ask to be provided with a copy of the lawyer's retainer agreement and have
it explained to you before decide on retaining the lawyer or the lawyer's
law firm. You may end up paying a lot of money to the lawyer you hire, so make
sure you understand what you're signing up for.
Consider any special needs you have. For example, could you benefit from a
lawyer who speaks a language other than English?
There are basically two types of lawyers: those who handle lawsuits (called
litigators) and those who primarily handle contract matters (called
transactional lawyers). Some lawyers do both, but most of them tend to
specialize in one area or the other.If you're involved in a lawsuit or may
end up in one, look for a litigator. Otherwise, a lawyer who handles
transactions may be your best bet.
Taking on an insurance company is a formidable task. It's sometimes hard
for consumers to find legal representation in this area if you've been sued
by or if you are looking to bring a lawsuit against an insurance company,
because any of them can usually afford to hire good lawyers to fight you. So
the best chance you may have for effective legal representation is if there are
consumer protection statutes that you can rely on (for example, "bad
faith" statutes). Such laws may help to tip the scales more in your favor.
If your problem doesn't involve a lot of money, consider whether other
folks have the same issues. If so, you may be able to pool your interests and
hire the same lawyer. Or, you may be able to talk to a lawyer who specializes
in class action lawsuits. A key here is that the "class" has to be
large enough to make it worthwhile for a lawyer to take the case.
Compare backgrounds and experience. Use your common sense and gut instincts to
evaluate the remaining lawyers on your list. You'll want to be comfortable
with the lawyer you hire. You want to choose the best lawyer who you think you
can afford who is experienced, competent, and willing to communicate.
Prioritize your choices and start making some telephone calls to set up
meetings with several lawyers to interview them.