Checklist Checklist

Category: Legal

  • 8. Mass Tort Lawyers. 25 Buyer-Beware Intelligence Points.

    • Mass torts aren’t the same as class actions.
    • Individual claims may retain individual characteristics.
    • Different injuries can produce different outcomes.
    • Eligibility requirements matter.
    • Medical records are crucial.
    • Product exposure must often be established.
    • Advertising can create unrealistic expectations.
    • Settlement structures can vary.
    • MDL proceedings can be complex.
    • Bellwether trials don’t necessarily determine every case.
    • Not every claimant receives the same settlement.
    • Litigation can take years. Fees should be explained clearly.
    • Case expenses should be explained.
    • Medical liens may affect recovery.
    • Government benefits may create reimbursement issues.
    • Bankruptcy trusts can sometimes interact with claims.
    • Prior settlements may affect strategy.
    • Defendants may challenge causation.
    • Experts can play a major role.
    • Evidence preservation matters. Beware “everyone gets $X” advertising.
    • Ask whether the firm is actually involved in the litigation.
    • Ask how client cases are selected for litigation.
    • Biggest mistake: believing a mass-tort advertisement’s headline settlement number represents what an individual claimant will receive.

  • 7. Wrongful Death Lawyers. 25 Buyer-Beware Intelligence Points.

    • Wrongful-death laws vary significantly by jurisdiction.
    • Not every family member necessarily has the same legal rights.
    • Estate claims can differ from wrongful-death claims.
    • Probate issues can become involved.
    • Multiple beneficiaries may have competing interests.
    • Insurance limits matter. Multiple defendants may exist.
    • Government entities can have special rules.
    • Medical malpractice can involve additional requirements.
    • Evidence should be preserved immediately.
    • Witness memories can fade.
    • Accident reconstruction may be necessary.
    • Economic damages can require financial experts.
    • Future income may be considered.
    • Loss-of-support calculations can be complicated.
    • Funeral expenses may be recoverable depending on law.
    • Non-economic damages vary by jurisdiction.
    • Some jurisdictions impose statutory caps.
    • Settlement allocation matters.
    • Liens can reduce net recovery.
    • Contingency agreements should be understood.
    • Ask whether the firm actually litigates wrongful-death cases.
    • Beware guaranteed settlement figures.
    • Ask who will communicate with the family.
    • Biggest mistake: treating wrongful death as simply a larger personal-injury claim.

  • 6. Product Liability Lawyers. 25 Buyer-Beware Intelligence Points

    • Product liability isn’t limited to manufacturing defects.
    • Design defects are different.
    • Failure-to-warn claims are different.
    • Product identification can matter.
    • Supply chains may contain multiple defendants.
    • Retailers can have different responsibilities.
    • Manufacturers may be located in another jurisdiction.
    • Product modifications can complicate cases.
    • Improper use may become an issue.
    • Recall history can be important.
    • Prior complaints may matter.
    • Testing records can matter.
    • Expert testimony is frequently important.
    • Preserving the product can be critical.
    • Don’t throw away the allegedly defective product.
    • Photographs can become valuable evidence.
    • Packaging should be preserved. Instructions and warnings should be preserved.
    • Purchase records can matter.
    • Warranty language may become relevant.
    • Statutes of limitation vary.
    • Mass claims can create different litigation structures.
    • Beware lawyers making guaranteed-value claims.
    • Ask about actual product-liability trial experience.
    • Biggest mistake: discarding or modifying the product before it can be examined.

  • 5. Maritime Injury Lawyers. 25 Buyer-Beware Intelligence Points

    • Maritime law is highly specialized.
    • Jones Act issues can arise.
    • Longshore and Harbor Workers’ Compensation Act issues can arise.
    • Vessel status can matter.
    • Worker status can matter.
    • Seaman status can be disputed.
    • Maintenance and cure rules are specialized.
    • Employer negligence can have specialized standards.
    • Unseaworthiness may be relevant.
    • Vessel owners may have separate responsibilities.
    • Contractual relationships can become complicated.
    • Offshore employment creates additional considerations.
    • Offshore drilling cases may involve multiple entities.
    • Foreign vessels can introduce additional jurisdictional issues.
    • Federal maritime law can override ordinary state assumptions.
    • Deadlines matter.
    • Evidence from vessel logs can be important.
    • Safety records can be significant.
    • Crew testimony may matter.
    • Medical treatment documentation is important.
    • Employer-provided medical care should be documented.
    • Settlement agreements can affect future rights.
    • Ask whether the lawyer routinely handles maritime cases.
    • Don’t assume ordinary workers’ compensation rules apply.
    • Biggest mistake: hiring an attorney unfamiliar with maritime law.

  • 4. Mesothelioma Lawyers. 25 Buyer-Beware Intelligence Points

    • Exposure history is critical.
    • Multiple employers may be involved.
    • Products and manufacturers may matter.
    • Asbestos exposure can occur decades before diagnosis.
    • Bankruptcy trusts may be relevant.
    • Trust claims can interact with litigation.
    • Different jurisdictions have different rules.
    • Statutes of limitation matter.
    • Medical documentation is essential.
    • Occupational records can be important.
    • Family members may have separate rights.
    • Wrongful-death claims can differ from personal-injury claims.
    • Settlement structures vary.
    • Contingency agreements differ.
    • Litigation costs should be explained.
    • Ask whether the firm regularly handles asbestos cases.
    • Ask about the firm’s experience with asbestos trusts.
    • Beware unsupported settlement guarantees.
    • Identify all potential exposure sources.
    • Former coworkers may provide valuable evidence.
    • Product identification can be difficult.
    • Historical corporate ownership can matter.
    • Venue can affect litigation.
    • Speed can matter because of health circumstances.
    • Biggest mistake: hiring a general personal-injury attorney without specialized asbestos experience.

  • 3. Medical Malpractice Lawyers. 25 Buyer-Beware Intelligence Points

    • Medical malpractice requires more than a bad medical outcome.
    • Standard-of-care questions are central.
    • Expert testimony is often critical.
    • Statutes of limitation can be strict.
    • Discovery rules can differ from ordinary injury cases.
    • Medical records need careful review.
    • Hospital liability may differ from physician liability.
    • Independent-contractor status can matter.
    • Nursing staff may have separate responsibilities.
    • Pharmacy errors can create different defendants.
    • Informed-consent issues are distinct from negligence.
    • Pre-existing conditions can complicate damages.
    • Causation can be difficult to establish.
    • Medical expenses aren’t the only possible damages.
    • Future treatment can affect valuation.
    • Lost earning capacity can matter.
    • Expert costs can be significant.
    • Not every lawyer accepts malpractice cases.
    • Ask about previous malpractice trials.
    • Ask about the firm’s medical experts.
    • Understand how litigation expenses are handled.
    • Don’t assume a settlement is automatically advantageous.
    • Confidentiality provisions may appear in settlements.
    • Don’t delay obtaining legal advice.
    • Biggest mistake: assuming that a poor medical outcome automatically means malpractice.

  • 2. Personal Injury Lawyers. 25 Buyer-Beware Intelligence Points

    • Not every personal-injury firm specializes in your type of injury.
    • Advertising volume isn’t the same as litigation experience.
    • Ask who personally handles the case.
    • Determine whether the firm actually goes to trial.
    • Understand the contingency percentage.
    • Find out whether the percentage changes after litigation begins.
    • Ask which expenses are deducted from the recovery.
    • Medical liens can reduce your net recovery.
    • Health-insurance reimbursement can complicate settlement.
    • Workers’ compensation may create competing interests.
    • Insurance limits can constrain recovery.
    • Multiple defendants may create different strategies.
    • Evidence should be preserved early.
    • Social-media activity can become relevant.
    • Medical documentation is critical.
    • Gaps in treatment can become an issue.
    • Settlement offers aren’t necessarily equivalent to case value.
    • Ask how damages will be calculated.
    • Future medical costs may require expert analysis.
    • Lost earning capacity differs from immediate lost wages.
    • Pain-and-suffering valuation isn’t a simple formula.
    • Tax treatment can vary depending on the recovery.
    • Ask how long comparable cases typically take.
    • Beware promises of a specific settlement amount.
    • Biggest mistake: assuming the lawyer promising the largest settlement is necessarily the best lawyer.

  • 1. Truck Accident Lawyers. 25 Buyer-Beware Intelligence Points

    • Not every truck accident attorney handles federal trucking regulations.
    • Ask how many truck cases the firm handles annually.
    • Experience with commercial carriers matters.
    • Trucking cases can involve multiple potentially responsible parties.
    • The driver’s employer may not be the only defendant.
    • Maintenance contractors can become relevant.
    • Cargo-loading companies can sometimes matter.
    • Trucking-company insurance policies may be substantially different from ordinary auto policies.
    • Multiple insurers can complicate negotiations.
    • Evidence can disappear quickly.
    • Electronic logging data may become important.
    • Driver qualification records can matter.
    • Vehicle inspection records can matter.
    • Black-box/ECM data may be relevant.
    • Accident reconstruction can become important.
    • A lawyer who primarily handles ordinary auto collisions may not have the same specialized experience.
    • Contingency percentages vary.
    • Litigation expenses may be treated differently between firms.
    • Ask whether expert-witness costs are advanced.
    • Ask what happens if the case is unsuccessful.
    • Settlement authority and negotiation strategy matter.
    • Beware guarantees about settlement amounts.
    • Ask who will actually handle your case.
    • Understand the fee agreement before signing.
    • Biggest mistake: choosing a lawyer based solely on advertising prominence rather than relevant trucking-litigation experience.