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I had similar experience to Evelyn Paswall (see Paswall vs. Apple Inc. case 2:2012cv01378 NY) how do I choose an attorney?

Los Angeles, CA |

I met with personal injury attorneys, but how do I choose? Or find someone else? Some concerns:
(1) Court shy. The best 2 vetted my case, but declined because they believed litigation would be required. It was nice for them to say I have a case, and to provide their research materials for who I choose.
(2) Not a contingency agreement. Agreements had fees on top of contingency. Also the attorney received priority. I prefer all medical is paid first, and then 1/3 is attorney's payment with normal fees included.
(3) Most attorneys focused on loss of income, but I work in a creative, international field, so proof of income is difficult and varies between years. I believe medical, disfigurement, etc. would be easier to demonstrate.

Attorney Answers 3


  1. Fit. You make sure the "fit" is right. Sit down with as many attorneys as possible to make sure you're comfortable.

    Good luck.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


  2. Never settle for an attorney who only knows how to settle. Find a top-rated Avvo attorney in your state with a low contingency fee, and don't sign a release until the liens are negotiated down to pennies on the dollar. Good luck.


  3. These cases can be difficult. I havent seen the glass and layout of the store where you were hurt. Hopefully they havent moved things around or added things to the glass. I hope you got photos at or about the time of the incident. If you dont have substantial damages which are provable, it will be hard to find an atty who will litigate this, as litigation takes a lot of time and costs. You may need a human factors and or safety engineer expert (s). This is in addition to the requisite doctor that will have to come to trial if it gets that far. If you have a tough wage loss, it may also require an expert.
    You dont say how bad the injury is, Paswell had a broken nose. You also dont say how much your medical bills are (the amount actually paid by your ins if you had medical ins). On top of that, you want the atty fees to come out after your medical bills? Not likely to find anyone who will agree to that. That would be a very unusual fee agreement. Dont be surprised if you are having trouble finding a good atty on the terms you express here. Good luck in your search.

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