If you live in the Portland area and have suffered an injury caused by another person’s negligence, you may be unsure what steps to take to recover compensation. One of the most crucial steps is choosing the right personal injury lawyer to handle your case.
But with the abundance of personal injury attorneys in Portland, choosing the right one for you can be challenging. This article outlines the criteria to use and the questions to ask when hiring a PI attorney. Knowing what to look for in a personal injury attorney can make all the difference in securing compensation that addresses both your current and future needs.
Why Choosing the Right Lawyer Matters and What Experience to Look For
Choosing the right lawyer can make all the difference in the outcome of your case and any compensation you may recover. No matter the circumstances involved in the case, personal injury law can be overly complex. Finding a lawyer with experience in personal injury law is essential. Statistics show that claimants with legal representation generally receive significantly higher settlements than those who handle claims independently.
Oregon follows a modified comparative negligence doctrine (ORS 31.600) and tort law, creating legal intricacies that require the help of a personal injury attorney.
How a Personal Injury Lawyer Differs From a General Practice Attorney
Although there are many general practice attorneys in the Portland area, filing an insurance claim is best handled by a personal injury attorney. The primary difference between the two is that a dedicated personal injury lawyer has the experience, knowledge, and skills to focus on maximizing settlements related to auto accidents, premises liability, or wrongful death. For example, Tillmann Law is a law firm dedicated to personal injury cases and has significant trial experience. Conversely, general practice attorneys handle a wide range of other legal issues such as wills, business law, and even criminal offenses.
Some of the most essential questions to ask a personal injury attorney include:
- Ask about their years of experience handling personal injury cases in Oregon.
- Ask about their specific experience representing clients with cases similar to yours (medical malpractice, premises liability, car accidents, etc.).
- Make sure that a potential personal injury attorney has significant trial experience, as they are typically better positioned to negotiate a greater recovery.
- Check the Oregon State Bar at osbar.org to confirm that the attorney is licensed to practice in Oregon.
Evaluating Track Record, Reputation, and Fee Structure
Another critical step is to carefully evaluate a personal injury lawyer’s track record, reputation, and fee structure to ensure they align with your goals.
Case Results
One of the most important questions you should ask when looking for an attorney is their track record in similar cases, including settlement amounts and verdicts. Although past results are not necessarily indicative of future outcomes, they can be a strong indicator of an attorney’s experience and capability.
Client Reviews and Testimonials
Another easy way to determine if a personal injury attorney is a good fit is to check their Google reviews, Avvo, and the Oregon State Bar website. Search for reviews that mention the attorney’s communication style, responsiveness, and case outcomes.
Professional Recognition
You can also check on the attorney’s professional accreditations, including:
- Their standing with the Oregon State Bar and any disciplinary history.
- Membership in the Oregon Trial Lawyers Association (OTLA) and the American Association for Justice (AAJ).
- Other organizations that can provide information include Super Lawyers, Best Lawyers, and other peer-reviewed recognitions.
Discuss Contingency Fees and Litigation Expenses Up Front
Most personal injury attorneys work on a contingency fee basis, meaning you pay nothing up front unless they win your case. Under a contingency fee structure, the attorney receives a percentage of the settlement or verdict, typically 33-40%.
Oregon has no statutory cap on contingency fees charged in personal injury cases. But any fees charged by attorneys must be considered reasonable under the Oregon Rules of Professional Conduct (ORPC 1.5).
Be certain to discuss costs vs. fees. Common legal costs include filing fees, expert witness fees, and payments for medical records. These costs are separate from attorney fees. You need to clarify whether the firm pays these costs in advance and deducts them from your settlement, or whether you are responsible for them if you do not win your case.
Communication, Accessibility, and Questions to Ask During Consultation
Other qualities to look for when choosing an attorney include how frequently they communicate, their accessibility, and other pertinent factors. Ask how often you will receive case updates and whether the attorney, paralegal, or associate will handle day-to-day issues. Take, for example, Tillmann Law. When you come to us for help, we take pride in promptly communicating with clients to ensure they feel informed throughout the claims process.
A critical red flag to watch for is an attorney who is difficult to reach during the initial consultation and unlikely to improve after being hired. The Oregon State Bar requires attorneys to provide clients with timely updates (ORPC 1.4).
Other than the questions that have already been discussed in this article, you should also ask:
- What type of approach do you take when dealing with insurance companies?
- How long do you think it will take to settle my case?
Red Flags When Choosing a Personal Injury Lawyer
One of the most common red flags to watch for is any lawyer who guarantees case outcomes. Under ORPC 7.1, attorneys are prohibited from guaranteeing results and making misleading statements.
Other red flags to be aware of include:
- Using high-pressure sales tactics or rushing you to sign.
- Reluctance to explain fees or costs.
- Lack of verifiable experience with other personal injury cases.
- Any past disciplinary actions by the Oregon State Bar
- Outsourcing your case to another law firm without your consent
- Charges upfront fees for personal injury cases
Why Local Experience in Portland and Oregon Matters
When choosing a personal injury lawyer, be sure to choose one who is familiar with Multnomah County Circuit Court judges and procedures. A local law firm such as Tillmann Law has established relationships with local medical providers who can document your injuries. A Portland attorney understands the common tactics used by local insurers and adjusters. They are also familiar with Oregon-specific laws, including modified comparative negligence (ORS 31.600), the statute of limitations (ORS 12.110), and PIP requirements (ORS 742.520).
