Hiring a personal injury lawyer is one of the most important decisions you can make after being injured in an accident. The right attorney can make the difference between a frustrating experience and a fair recovery for your losses. But how do you know if a lawyer is the right fit for you and your case?
Before you sign any agreements, schedule an initial consultation (which should always be free) and come prepared with the right questions. Here are some of the most important things to ask a personal injury lawyer before hiring them.
1. Do you specialize in personal injury law?
Not all attorneys handle the same types of cases. Ask whether personal injury law is their primary focus, or just one of many practice areas. A lawyer who regularly handles injury cases is more likely to understand the nuances of insurance negotiations, medical evidence, and trial strategy. If the attorney also does things like real estate closings, estates, or other unrelated areas of law, consider moving on to the next personal injury attorney. Like the saying goes, “Jack of all trades, master of none”, you want an attorney who specializes in what you need.
2. Have you handled cases like mine before?
Every personal injury case is unique, but certain patterns repeat: car accidents, workplace injuries, slip and falls, and medical malpractice each have their own legal challenges. Ask if the lawyer has successfully handled cases similar to yours and what the outcomes were. Feel free to ask for specific examples (without violating client confidentiality) and don’t forget to ask how recently they worked on those cases. They may have handled some personal injury cases years ago, but laws can change, and you want someone who is up to date with their experience and knowledge.
3. How do you charge for your services?
Most personal injury lawyers work on a contingency fee basis, meaning you only pay if they recover money for you. Be sure to ask:
- What percentage of the recovery will your fee be?
- Could that fee percentage change later?
- Are there additional costs (court fees, expert witnesses, etc.)?
- What happens if the case is unsuccessful?
Transparency about fees will help you avoid surprises later. Be sure to thoroughly read any agreements they provide and look for fine print related to fees and expenses. An experienced lawyer should point those out to you (or even require you to initial those sections) to ensure you understand what you are committing to.
As the client, you always have the right to change lawyers if you’re not comfortable with how your case is being handled. That said, it’s important to know that if you fire your lawyer after they’ve already done work on your case, they may have a right to be compensated for the time and effort they put in. In personal injury cases, that usually means your old lawyer and your new lawyer would have to work out how to share the contingency fee. You wouldn’t end up paying more than one fee but the attorneys may divide it between themselves.
4. Who will actually handle my case?
At some firms, the lawyer you meet with may not be the one who manages your case day-to-day. Ask whether your case will be handled by the attorney you meet, a team of lawyers, or support staff such as paralegals. It’s important to know who your main point of contact will be, and ask if you can meet them.
5. How will you keep me informed about my case?
Clear communication is essential. Ask how often you can expect updates, whether you’ll receive phone calls, letters, texts or emails, and how quickly the lawyer or their team typically responds to questions. A good lawyer will ask you how you like to receive updates and how often.
6. What is your assessment of my case?
A good lawyer will give you an honest initial assessment, not just tell you what you want to hear. Ask about the strengths and weaknesses of your claim, the potential timeline, and whether settlement or trial is more likely. Most lawyers will stop short of giving you an estimate of how much your case is worth, but a highly experienced lawyer may have similar examples they can provide you (from their own experience or publicly available information). No lawyer should guarantee an outcome.
7. What do you expect from me as a client?
A successful case is a team effort. Find out what the lawyer will need from you, such as medical records, documentation of expenses, updated medical bills, or participation in depositions. This will give you a realistic picture of your role in the process. The more detail you can provide from the start, helps get your case moving faster and removes any surprises down the road.
8. What is your track record with settlements and trials?
The reality is most personal injury cases settle out of court, but it’s important that your lawyer is prepared (and willing) to go to trial. Ask about their trial experience and settlement history to ensure they have the skills to pursue your case to the fullest.
Wrap up
Choosing a personal injury lawyer is about more than credentials or prominent advertising, it’s about finding someone you can trust with your recovery. By asking the right questions up front, you’ll gain clarity on their experience, communication style, and approach to your case.
At DoIHaveACase.com, we encourage everyone to take the time to fully understand their own situation and then interview potential lawyers before making a final decision. The right lawyer will welcome your questions and give you the confidence that your case is in good hands.