Questions to Ask a Personal Injury Lawyer Before You Hire Them

Inquire about the number of years they’ve been practicing personal injury law, their success rate, and their staff. Which practice areas do they focus on? Can they help with complicated claims, such as medical malpractice cases? Do they work collaboratively with other partners?

You will want to be familiar with anyone who will potentially work on your case, as well as the extent of resources the law firm can devote to your claim. How many attorneys are at the firm? Is there a mix of traditional and new ideas? How does the firm decide who gets the cases that walk in the door?

Look for a lawyer with a track record of successful personal injury cases similar to yours. Ask for specific examples of cases with details in common that they’ve successfully resolved with settlements or verdicts in favor of their clients.

Additionally, inquire about their experience dealing with insurance companies and their familiarity with the legal nuances of personal injury cases in your jurisdiction.

Ask questions about the lawyer’s fee structure—whether it’s contingency-based (where they only get paid if you win) or hourly—and discuss any additional costs, such as court fees or expert witness fees.

If the lawyer works on a contingency fee basis, ask about the percentage they will take from your settlement or verdict and who will pay filing fees. Make sure you fully understand the financial arrangement, including payment for out-of-pocket expenses incurred during the legal process.

The attorney should give you a frank assessment of your case, including identifying the strengths or anticipated difficulties. For example, if you have compelling evidence, such as medical records, photographs, or eyewitness testimony, it may be harder for the insurance company to refute the extent of your injuries. Alternatively, if you contributed to the accident or your injuries in any way, it could reduce the amount of compensation you’re entitled to under comparative negligence laws.

All cases have some strengths and weaknesses. The point of the question is to determine whether your attorney will rise to the challenges in your type of case. Do they seek expert testimony from doctors or accident reconstructionists? Can they track down missing pieces of information supporting your version of events?

Clear and open communication is essential for a successful attorney-client relationship, so you must be comfortable with the lawyer’s communication style. Understand how frequently you’ll receive updates and how the lawyer prefers to communicate—email, phone calls, in-person meetings, etc.

Ask about the lawyer’s availability to answer your calls and address your concerns throughout the legal process. You should know the best way to reach the lawyer or their staff if needed and how long it will take to get a response.

Clarify whether the lawyer you speak with will represent you throughout the case. Some law firms may assign cases to junior attorneys or paralegals, so it’s important to understand whether the lawyer you’re speaking with will be directly involved throughout your representation.

If your case requires collaboration with other legal professionals, inquire about their qualifications and experience to ensure you’re comfortable with the team handling it.

Ask for recent testimonials from past clients to gauge the lawyer’s client satisfaction. A reputable personal injury lawyer should be willing to provide references from real people who are willing to share their experiences working with the law firm.

You can also look for reviews online or on third-party platforms. Watch for patterns or recurring themes in the feedback to help you decide whether the lawyer is the right fit for your case.

Make sure the lawyer has experience both in negotiating settlements and litigating cases in court. It’s important to hire a lawyer who is prepared to take your case to trial if a fair settlement cannot be reached. Ask about their trial experience, courtroom demeanor, litigation strategy, and track record of success in front of judges and juries.

It’s your attorney’s duty to prioritize your best interests above all else. If the lawyer has any other clients or personal commitments that could divide their loyalty, they should inform you and direct you to another attorney.

Even potential conflicts should be disclosed so clients have the opportunity to seek other counsel. For example, your attorney may have a personal connection to the at-fault driver in your case or have done legal work for the insurance company you’re seeking compensation from. If a conflict of interest arises that would compromise their ability to represent you, they should let you know as soon as possible.

Most injury claims are resolved through settlement negotiations. Inquire about the attorney’s success rate in negotiating favorable settlements with insurance companies and their experience taking cases to trial when necessary.

What strategies do they use to maximize client compensation? Can they present a compelling legal argument and demonstrate the impact of your injuries on your life? How involved do they expect you to be in this process?

Discuss the lawyer’s approach to building a strong case and pursuing the maximum compensation available for your injuries. Inquire about the types of damages you could receive, such as medical expenses, lost wages, pain and suffering, and future rehabilitation costs. Ask how the lawyer plans to gather evidence, determine liability, and talk to the insurance company or opposing party to secure a favorable outcome for your case.

Every personal injury claim is unique, and the value of your case depends on the specific circumstances and applicable laws in your jurisdiction. That said, an attorney should be able to provide an initial estimation based on your economic damages, their experience, and their knowledge of similar cases.

Your economic damages include medical expenses, rehabilitation costs, lost wages, and property damage. These tangible losses can be quantified using bills, receipts, and financial records. Non-economic damages—such as pain and suffering, loss of consortium, emotional distress, and lost enjoyment of life—are more subjective.

Compensation also depends on the extent of your injuries, the expected duration of your recovery, and the impact on your daily life and relationships. Aggravating factors, such as gross negligence, reckless behavior, or punitive damages, may also potentially increase your case’s value.

While it’s difficult to predict the exact duration of a personal injury case, an experienced lawyer should be able to provide a general time frame based on your injuries and the complexity of your case. Ask for an estimate of the timeline for your case based on the lawyer’s experience and workload.

Keep in mind that the length of your case may vary depending on factors beyond the lawyer’s control, such as court scheduling or the availability of witnesses. Ask about any potential delays or obstacles that could affect the timeline and how the lawyer plans to navigate them.