Selecting a Personal Injury Lawyer: Tips & Factors to Consider
Whether you've been injured in an accident, are dealing with a personal injury claim, or facing another legal issue, Mendez & Sanchez APC is here to fight for you. Contact us today for a free, no-obligation consultation.
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Choosing the right personal injury lawyer can be a daunting task, especially if you are dealing with the aftermath of a traumatic event. However, finding the right lawyer is crucial to ensuring that you receive the compensation you deserve for your injuries, pain and suffering, and other losses. In this article, we will discuss some key factors to consider when selecting a personal injury lawyer.
Experience
One of the most important factors to consider when choosing a personal injury lawyer is their experience in handling cases similar to yours. Ideally, you want to work with a lawyer who has a proven track record of success in handling cases similar to yours. For example, if you were injured in a car accident, you want to work with a lawyer who has experience handling car accident cases.
An experienced personal injury lawyer will be familiar with the legal process, the strategies used by insurance companies, and the best ways to negotiate a fair settlement. They will also be able to evaluate the strengths and weaknesses of your case, and advise you on the best course of action.
Reputation
Another important factor to consider when selecting a personal injury lawyer is their reputation in the legal community. A lawyer with a good reputation is more likely to be respected by judges, insurance companies, and other lawyers, which can help you achieve a better outcome in your case.
To assess a lawyer's reputation, you can look at their online reviews, ask for referrals from friends and family, or consult with legal organizations like the state bar association. You can also look for awards and recognitions that the lawyer has received, such as being named a Super Lawyer or receiving a Martindale-Hubbell rating.
Communication skills
Communication is key when working with a personal injury lawyer. You want a lawyer who is responsive to your questions and concerns, and who will keep you informed throughout the legal process. Look for a lawyer who takes the time to explain legal concepts in plain language, and who is willing to listen to your input and concerns.
During your initial consultation, pay attention to how the lawyer communicates with you. Do they listen attentively to your story? Do they ask thoughtful questions? Do they explain the legal process and your options clearly? If you feel comfortable communicating with the lawyer, you are more likely to have a positive experience working with them.
Fees
Personal injury lawyers typically work on a contingency fee basis, which means that they only get paid if you win your case. The fee is usually a percentage of the settlement or judgment amount, typically around 33 percent.
However, you should be aware that some lawyers may charge additional fees for expenses like filing fees, expert witness fees, and court costs. Before hiring a lawyer, make sure you understand their fee structure and what expenses are included.
Personal attention
Finally, it's important to work with a personal injury lawyer who will give your case the personal attention it deserves. You want a lawyer who will be accessible when you need them, and who will treat you with respect and compassion.
To assess a lawyer's level of personal attention, ask about their caseload and how they prioritize their clients. You may also want to ask if they will be handling your case personally, or if it will be handed off to a paralegal or junior attorney.
Our Attorneys
Michael Sanchez
Michael was inspired to become an attorney because his father always spoke highly of the profession as a foreign diplomat for the State Department. He was also heavily inspired by trial lawyers in movies he would watch as a child like Tom Cruise in A Few Good Men, admiring their passion and persuasive speaking skills. His family travelled all over the world during his childhood with his father’s profession, so Michael was able to see multiple cultures, leading to his love for travel today. When he isn’t taking on the big insurance companies, Michael loves to golf, go to LA sporting events, and build the life he always dreamed of.
Michael focuses on the various facets of law that relate to accidents and bad faith insurance claims. Focusing entirely on plaintiff work, Michael has developed a sophisticated ability to see value in claims where most attorneys don’t. His passion for litigation and fearless advocacy make him one of California’s rising stars in his field.
Giancarlo Mendez
Giancarlo became an attorney because his immigrant parents instilled in him a desire to help people. He considered becoming a dentist, but he knew that he could help more people, especially people who were in difficult situations in their life, by becoming a lawyer. Originally from San Dimas, Giancarlo has always been very close with his family and friends. He loves sports, especially the LA teams and Real Madrid Club de Fútbol. When he isn’t in the courtroom, Giancarlo loves to travel and hang out with his fiancé and awesome French bulldog Milo.
Giancarlo has a reputation for delivering legal services of the highest caliber. As a personal injury attorney, he is passionate about protecting the right of clients who have been injured. Giancarlo possesses a deep commitment to the law and genuinely cares for his clients, striving to help them become whole again, both physically and financially. He has represented thousands of injured clients and has secured multiple successful results.
Conclusion
Choosing the right personal injury lawyer is an important decision that can have a significant impact on the outcome of your case. By considering factors like experience, reputation, communication skills, fees, and personal attention, you can find a lawyer who will provide you with the best possible representation. If you have been injured due to someone else's negligence, don't hesitate to seek legal advice from a qualified personal injury lawyer.
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in California after a car accident?
In California, you generally have two years from the date of your injury to file a personal injury lawsuit, as established under California Code of Civil Procedure Section 335.1. If your accident involved a government vehicle or a city or county employee, however, you must file an administrative claim within just six months of the incident under the California Government Claims Act (Government Code Section 911.2). Missing either of these deadlines can permanently bar you from recovering any compensation, which is why it's critical to consult a personal injury attorney as soon as possible after your accident.
What percentage of my settlement does a personal injury lawyer in California typically take?
Most California personal injury lawyers work on a contingency fee basis, meaning you pay nothing upfront and the attorney only collects a fee if you win your case. The standard contingency fee in California is typically 33 percent of the settlement if the case resolves before trial, but it can increase to 40 percent or more if the case goes to trial or involves an appeal. California State Bar Rule 1.5 requires that all fee agreements be in writing, so always ask for a written fee agreement before signing anything so you fully understand what you will owe and when.
What mistakes do people make when hiring a personal injury attorney that hurt their case?
One of the most damaging mistakes people make is waiting too long to hire an attorney, which can result in lost evidence, faded witness memories, and ultimately missing California's two-year statute of limitations under CCP 335.1. Another common mistake is hiring a general practice attorney rather than a lawyer who focuses specifically on personal injury, since insurance companies aggressively exploit inexperienced legal representation. Finally, many people unknowingly give recorded statements to the opposing insurance company without an attorney present, which can significantly undermine the value of their claim.
Can I still recover compensation if I was partially at fault for my accident in California?
Yes, California follows a pure comparative negligence rule under Civil Code Section 1714, which means you can still recover damages even if you were partially at fault for the accident. Your total compensation will simply be reduced by your percentage of fault — for example, if you were found 30 percent responsible for a collision, you would recover 70 percent of your total damages. This is notably more favorable than some other states that bar recovery entirely if you are more than 50 percent at fault, making it worthwhile to pursue your claim even if you share some responsibility.
What types of compensation can I actually get in a California personal injury case?
In a California personal injury case, you may be entitled to two main categories of damages: economic and non-economic. Economic damages cover measurable financial losses like medical bills, future medical treatment, lost wages, and property damage, while non-economic damages compensate you for pain and suffering, emotional distress, and loss of enjoyment of life under California Civil Code Section 3333. In cases involving particularly egregious conduct — such as a drunk driver or a company that knowingly concealed a dangerous product — you may also be eligible for punitive damages under California Civil Code Section 3294, which are designed to punish the wrongdoer rather than simply compensate you.
How do I know if a personal injury lawyer is actually well-respected or just good at marketing?
A reliable way to evaluate a lawyer's genuine reputation is to look beyond their own website and check third-party sources like their Martindale-Hubbell peer review rating, Super Lawyers designation, or their standing with the California State Bar at apps.calbar.ca.gov, where you can verify their license and check for any disciplinary history. Authentic client reviews on Google, Avvo, and Yelp can also reveal patterns in how a lawyer actually communicates and performs, especially in how they respond to negative feedback. Additionally, asking during your consultation whether the attorney has handled cases in your specific county — such as Los Angeles Superior Court or San Bernardino County — matters, because local court relationships and familiarity with local judges can genuinely influence case outcomes.
Will my personal injury case actually go to trial or will it settle out of court?
The vast majority of personal injury cases in California — estimates suggest over 95 percent — are resolved through settlement before ever reaching trial. However, the credibility of your attorney's willingness to take a case to trial is one of the most powerful factors in obtaining a fair settlement, because insurance companies actively research whether a lawyer has a history of litigating cases or simply accepting low offers. Working with an attorney who is genuinely prepared to go to trial, and who has demonstrated courtroom experience in venues like Los Angeles Superior Court, signals to insurers that low-ball offers will not be tolerated, which often results in significantly better settlement outcomes for clients.