Questions to Ask a Work Injury Lawyer in Encino, CA, 2024

Aug 10, 2024 | Workers Compensation

Wondering which questions to ask a work injury lawyer in Encino, CA? It can be important to ask questions when searching for an attorney to represent you in your workplace injury claim so you can be sure to find someone you are comfortable with, confident in, and who has the right experience.

What to Look for When Hiring a Work Injury Lawyer in California

When you are looking to hire a lawyer for your workplace injury claim, you should be sure to find a law firm that has established experience handling cases concerning personal injury law and, perhaps more specifically, job injuries and workers’ compensation proceedings. It is recommended to ask upfront what type of cases a lawyer has handled in the past and how many workplace injury claims they have worked on.

While technically, any qualified lawyer can provide you with legal counsel; it is most beneficial to retain a lawyer who is already deeply familiar with cases similar to yours. An injury attorney with years of experience likely has the required skills to adequately manage your workplace injury claim, such as negotiation skills and competency within litigation proceedings.

When looking into prospective lawyers to guide you through this legal process, you may also want to inquire about their success rate in reaching a settlement in cases similar to yours. You can ask your injury attorney about whether their cases usually go to trial or if they have a good track record for settling out of court. It may be ideal to settle before your claim goes to trial, but you will want to retain an attorney who is prepared to litigate on your behalf in court if needed.

Asking Your Injury Attorney About Your Claim and Legal Fees

Once finding a work injury lawyer you trust to handle your case, one of the first things you should ask them during the first meeting or consultation is whether you have a strong claim or not. The attorney will typically review the details of your injury claim before providing an initial assessment of how likely you are to win your case.

It is also a good idea to discuss how your injury attorney charges for their legal services. Most personal injury lawyers charge on a contingency fee basis. Within this payment method, your attorney is only paid upon securing you a settlement or compensation benefits. The injury lawyer’s legal fees will come from a percentage of the compensation.

You and your injury lawyer will discuss the exact percentage they’ll receive for working on your case before you hire them. Percentage fees can vary depending on the lawyer’s experience and success rate, how complex they expect your case to be, and other influencing factors.

Questions About the Work Injury Claims Process

After getting a good idea about the strength of your work injury claim and what your attorney is entitled to in terms of legal fees if they win your case for you, you can ask various logistical questions about the legal process. Your questions may vary depending on the circumstances of your situation.

If you need a lawyer’s help with acquiring workers’ compensation benefits, you may ask about the deadlines to report the injury to your employer or to file a claim with the California Workers’ Comp Commission. You can ask your attorney whether you qualify to file a personal injury claim in addition to workers’ comp or whether your experience allows you to take legal action against your employer.

Additional questions you may want to bring up to your attorney include what happens if your case is denied, how long the proceedings may take to settle, when you are likely to receive your settlement, and which state compensation benefits you may qualify for, among other specifics.

FAQs

Q: What Percentage Do Most Personal Injury Lawyers Receive in California?

A: In California, there is no standard percentage your lawyer may receive. Depending on how much work and time your lawyer anticipates your case will need and what the approximate settlement will be, your attorney will propose a percentage for their legal fees if they win your case. This percentage can be negotiated between the two of you, as it must be agreed upon before they can begin working on the case.

Q: How Much Do I Get for a Workplace Injury in California?

A: How much you may receive for a workplace injury varies depending on the severity of your injury, how much time your doctor determines you need to recover before returning to work, whether any permanent disability was incurred, the circumstances surrounding the accident resulting in your injury, and whether the misconduct of a negligent third-party was responsible for your damages.

You can discuss with your attorney how much you are likely to obtain given your injuries, current medical bills, etc.

Q: How Long Does It Take to Settle a Personal Injury Case in California?

A: In California, how long it may take to settle your personal injury case or workers’ comp claim can depend on the specific details of your situation. The main influencing factors are the extent of your injuries and how willing the defendant’s insurance company is to negotiate for a fair settlement. Many injury claims are resolved quickly, whereas more contentious or complex cases may be prolonged before the issue is finalized.

Q: Can I Sue My Employer for Injury in California?

A: You generally can’t take legal action against your employer if you qualify for workers’ compensation. However, there are some exceptions to this. For example, if your employer fails to report your injury or punishes you for requesting workers’ comp benefits, you may be able to file a lawsuit against them in civil court. Other scenarios may also allow you to file an injury claim in civil court along with your workers’ comp claim, such as when a third party caused your injury.

Experienced Personal Injury and Workers’ Comp Law Firm

At Barry Law Group, a law practice dedicated to helping clients with their personal injury claims, our professional legal team has extensive experience handling cases of work injuries and occupational illnesses. Contact us today to schedule an initial meeting with a skilled work injury attorney.