How to Find a Good Personal Injury Lawyers

If you have suffered an injury and need to make a claim, it can be very difficult to know where to find a good lawyer.

Claims manager or solicitor?

The first thing you need to know is that only a solicitor can represent you in court proceedings. So, if you use a "claims manager" or some other unqualified person claiming to be a "lawyer", they might well want to settle your case for whatever they can get so that proceedings don't become necessary.

Some non-solicitors may also want to take part of your compensation as part or all their fees. Solicitors are prohibited from accepting this sort of contingency fee - so, if you are being asked to pay one, you are not talking to a solicitor.

There are many people out there trying to sign you up so that they can sell your case for a "referral fee" to another claims manager or a firm of solicitors. You might find that the company which repairs your car sells it to a claims management company which then sells it again to a firm of solicitors.

Solicitors must always tell you if they have paid for your case and they have to tell you the approximate amount they have paid. If they don't, you should report them to the Solicitors Regulation Authority.

The fact that a solicitor pays for your case doesn't mean they aren't good at what they do. It just reflects the fact that all businesses have to market themselves to attract clients. However, they should be careful who they buy cases from and they have to ensure that you have been fully informed about all fees paid for your case. They also have to check that the claims management company is registered with the Claims Standards Council and complies with the Solicitors Code of Conduct.

You should also bear in mind that only solicitors have to take out insurance against making mistakes with your claim. If a claims manager makes a mistake and you have to sue them, they might not have enough money to pay your claim. 

Is your solicitor skilled enough for your case? There are a number of ways to check a solicitor has the skills to deal with your case.

• Personal recommendation - if you know someone who has had a claim themselves, they can tell you if they were happy with the way their solicitor handled their case. Beware however that, unless they are in the legal business themselves, they might not know if they actually got the right amount of compensation. But they will know if they were given a good service.

• Recommendation by another solicitor who you trust - this is fine so long as you already know a solicitor to ask.

• The Law Society - you can find their number in the yellow pages or online - they will tell you those firms in your area which do personal injury work.

• Look for a solicitor who is accredited by the Solicitors Regulation Authority (SRA) as a personal injury specialist. (You can find this on the Law Society's website). These are solicitors who have shown that they have sufficient experience and skill in personal injury work and have provided references from other solicitors who can vouch for their work. To stay on this Panel of specialists, solicitors have to re-apply every 5 years.

• The Association of Personal Injury Lawyers (APIL) - APIL also runs an accreditation scheme. However, the scheme is open to non solicitors (who work for firms of solicitors). They don't have to be on the SRA's panel (which is for qualified solicitors only), but they do have to show a certain level of experience and attend personal injury courses run by APIL every year.

Solicitor or paralegal?

Solicitors' firms employ lawyers who are not qualified solicitors. Many have been doing personal injury work for years and have as much skill and experience as the solicitors who employ them. Some will have qualified as "Legal Executives" - they are entitled to use the term "FILEX" meaning that they are fellows of the Institute of Legal Executives. Some may even be partners of the firm.

Other less experienced staff may be called paralegals. It can be difficult to know if they have the skill necessary to undertake your case. The key is in knowing whether they are properly supervised by experienced qualified solicitors.

A properly supervised paralegal should be able to handle a straightforward whiplash case but you probably wouldn't find one working on a case in which liability for the accident is difficult to prove and the injuries are quite serious.

If you aren't sure about the skill level of the person who may be handling your claim, don't be afraid to ask. Solicitors are obliged to tell you this and should not mind if you ask.

You should also ask about what experience they have in handling your type of claim. Most solicitors and paralegals will know how to run a simple road traffic case but if you suffered a repetitive strain injury at work or have an asbestos related illness, you need someone who run done similar cases before.

If they aren't happy to tell you about their experience, look for another firm.