Here is another practical tip from Las Vegas injury lawyer and trial attorney Craig Murphy. An inexperienced attorney can wreck your case. Yes, that is true, and most people from Las Vegas would agree. But I do not merely mean an inexperienced attorney when I make this point. What I mean is that when choosing an attorney for a Las Vegas injury claim or a Las Vegas accident claim, you must hire a lawyer who has accident and injury experience. You just can not hire an attorney because he or she has been around for a number of years. The lawyer you hire in Las Vegas for your accident or injury claim must concentrate on accident and injury claims.
Why must you hire an attorney who is experienced in Las Vegas accident and injury claims? There a re a number of reasons. Let me give you some examples of people who went wrong in their decision to hire a Las Vegas attorney for their injury and accident claims. The first example comes from an experience I had. I had just taken a significant injury case to trial in Las Vegas. After presenting the case, the jury returned a very significant verdict in favor of my client. The trial had taken over a week to present to the jury. Shortly after the trial I received a telephone call from another Las Vegas attorney. The attorney did not normally handle accident and injury cases. The attorney was primarily a business attorney. The LasVegas business attorney thought that the case would be an easy case to settle. However, the attorney was wrong. The insurance company did not want to settle the case. I do not know the reason that the insurance company refused to settle. However, I suspect that it was due in part to the fact that the business attorney had not properly prepared the case. The Las Vegas business attorney did not want to pay all of the expenses that were necessary to properly prepare the case. As a result, the attorney just did not do it. The Las Vegas business attorney called me because the attorney wanted me to take the case over and take it to trial within two weeks.
Upon questioning the Las Vegas business attorney, it was apparent that the case had not been properly prepared. The attorney thought that the case would settle, so the attorney did not spend any money getting the case ready for trial. The Las Vegas business attorney did not hire any expert witnesses. The Las Vegas business attorney had not properly identified the treating doctors as witnesses and a motion was pending to exclude all of the treating doctors from testifying at trial. There was nothing I could do and I was unable to take that case over for the LasVegas injury victim. In all cases there comes a time where nothing further can be done to salvage a case from improper or inadequate preparation. This case had passed that point long before the business attorney called me. The business attorney knew it and was looking for someone to come to the rescue. The case was beyond rescue and I never heard how the case was ultimately resolved.
Another similar example involves an experienced Las Vegas criminal attorney. The preparation of a criminal case is much different than the preparation of an accident or injury case. There is no or very little discovery in a criminal case. Discovery is a key element of a Las Vegas injury and accident case. The criminal lawyer had not conducted any discovery in the case. That, in and of itself, is not fatal to a case. However, it does not help. One of the biggest differences and problems that exist when a criminal lawyer tries to handle an accident or injury case is the differences in philosophy. In a criminal case the criminal lawyer does not bear the burden of proof. All the criminal lawyer has to do is convince one juror that reasonable doubt exists. The Las Vegas criminal lawyer only has to create doubt in one person. In an accident and injury case, the Plaintiff, you and your attorney, must convince at least 6 people of your case. You have the burden of proof. If you fail to meet your burden of proof, you do not win the case. This major fundamental difference can not be over come by a criminal lawyer. The criminal lawyer cannot over come the mind set. Many elements of the case can often be left out or overlooked as a result.
Similarly, attorneys who are insurance defense attorneys often try to pick up accident and injury cases. Unfortunately, the Las Vegas insurance defense lawyers trying to take an accident or injury case have divided loyalty. They often hire the same experts that they hire to defend cases or they are opposed to experts that they usually use. As a result, they are reluctant to aggressively challenge the expert witness during deposition or at trial. In addition, it is very difficult to automatically switch hats. That is go from challenging every accident and injury case that comes across your desk to all of a sudden accepting the statements and validity of the accident and injury case. There can often be lingering doubts and skepticism of your case. It is human nature. Yet your Las Vegas accident and injury attorney is your advocate. Any doubts and skepticism will be noticed by the jury. You cannot afford divided loyalty.
In a Las Vegas accident or injury case, you must select the proper attorney for your case. You have virtually unlimited choices. Choose wisely because the decision to hire a lawyer for your Las Vegas accident or injury case will be one of the most important decisions that you make about your case. The attorney you choose can affect the outcome of the case. The attorney you choose can affect the value of your case.
When choosing a Las Vegas attorney for your Las Vegas accident or injury case, choose a lawyer who only represents Plaintiffs in injury cases. Do not hire a Las Vegas attorney who also works for insurance companies. Do not hire a criminal, business, transactional, bankruptcy, or wills lawyer for your LasVegas injury case. Do not hire lawyer who says he or she does a little bit of everything. You cannot afford a “Jack of all trades and master of none.” Only hire an experienced Las Vegas accident and injury lawyer. A lawyer who only does accident and injury cases. Nothing else. In addition, make sure that the Las Vegas accident and injury lawyer that you hire has the proper amount of experience. You must hire a layer who has gone to trial a received significant jury verdicts for accident and injury victims. You do not want a settlement lawyer or a settlement mill. If you hire a settlement mill or settlement lawyer, you will not be on equal footing with the insurance company. The insurance companies know better than anyone else who will file a lawsuit and go to trial and who will not. If your lawyer will not go to trial with your case, it is like going to a gun fight armed only with a knife. You have little chances of winning.
Your lawyer is your weapon. Make sure that you have the right weapon for the battle ahead. For your Las Vegas accident and injury case, only hire a skilled and experienced Las Vegas accident and injury trial lawyer with a proven track record of success.