Spiva Law Group - Georgia Workers' Compensation

Our seriously injured clients have come to rely on our experience; they trust our judgment. So, we work hard to earn that trust. We are committed to doing everything in our power to get every one of our clients the maximum possible settlement or award.

- Howard Spiva

FREQUENTLY ASKED QUESTIONS

Following are the most frequently asked questions (and answers) about work-related injuries:

How do I select an attorney?

Not all attorneys are alike. That’s probably no surprise to you. Some attorneys simply do a better job on behalf of their clients than others. Following are some things you might look at before hiring a workers’ compensation lawyer.

What is the attorney's main area of practice? Is the attorney a jack-of-all-trades kind of attorney who wants to handle divorces, injury claims, and bankruptcies? Likely you will get better representation (and a larger settlement) if you select an attorney who focuses on workers’ compensation. Your case will probably go better if you can find an attorney who focuses specifically on your type of injury (auto accidents, medical malpractice, product liability).

Experience. Experience is like a two-sided coin. An experienced workers’ compensation attorney will be able to assess the merits of your case, approximate your case’s monetary value (important element to maximizing benefits), and determine the best strategy for pursing your case. An experienced attorney will make these determinations based on his or her experience gained over the years while representing hundreds, or thousands, of people.

The second, and sometimes more important, side of the experience coin is often overlooked: When the insurance company is familiar with an attorney and knows that that attorney has a history of aggressive and thorough representation (taking cases to trial) the insurance company is likely to make a larger settlement offer.

Will the attorney provide you with references? If you want references for other workers’ compensation cases and the attorney tries to convince you that references are not necessary, go elsewhere. Speak with others who have hired any attorney you are considering hiring.

Consider asking for a Curriculum Vitae (C.V.). The C.V. is the document where the attorney lists his or her accomplishments. While it may not take twenty years to become an excellent attorney, you probably don’t want to hire somebody just out of law school. Look for memberships in professional associations, types of cases handled, awards and settlements, and professional and peer recommendations.

Meet with the attorney. Do you like this person? Do you feel you can trust this attorney? Gut feelings are good indicators of how well you will work with an attorney.

Is the attorney willing to take the case to court? Ask. While most workers’ compensation lawsuits filed get settled out of court, make sure your attorney is willing to take your case to court. If the insurance company knows your lawyer never takes cases to trial, they are likely to offer a smaller settlement. The largest settlements go to attorneys willing to take cases to trial. Look for an attorney who is an active member in trial associations.

Will the attorney devote individual, aggressive attention to your workers’ compensation case? You do not want to hire a lawyer who is trying to handle as many cases as possible. You want to select a lawyer who carefully limits the number of cases he or she takes so he or she can devote aggressive attention to your case. Handling each case individually takes a lot more time. However, individual, aggressive attention makes a big difference in the outcome.

Does the attorney care about you? A matter as important as your injuries should be important to your attorney. What you have to say is important, and your lawyer should listen to you carefully and attentively.

Will the attorney investigate your workers’ compensation case thoroughly? The pre-trial investigation can be the most important part of the case. You want a lawyer who will take the time to dig for the facts and look at all the angles. Sometimes little things make huge differences.

Will the attorney thoroughly prepare for every phase of your case? You want an attorney who will do extensive discovery and fact-finding. You want a lawyer who thoroughly prepares for every phase of the case, including for depositions, mediations, hearings, witness interviews, and trial.

Will the lawyer keep you informed? You don’t want to waste your time wondering if your lawyer is really working on your case. Select a lawyer who will keep you informed about where your case stands and what (and when) the next steps are.

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