Questions You Need to Ask When Hiring a Personal Injury Lawyer

Weinstein Legal
4 min readNov 7, 2017

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Are you considering hiring a personal injury lawyer, but aren’t sure what questions to ask? We have you covered.

What should you ask a lawyer during a consultation?

Choosing the right personal injury lawyer for your case can feel like a daunting task. While it may appear that every other billboard and local television advertisement displays a personal injury lawyer that can get you a large sum of money fast, it is important to do your research first and look into several lawyers before making your final decision.

Once you have narrowed your list down to two to three attorneys, meet with each of them in person to discuss your case in order to make an informed and educated decision. Before choosing your legal representation, be sure to ask the following basic questions and take some time to consider their answers before determining if they are a good fit for you.

How Do You Get Paid For Representing Me?

Most personal injury attorneys are paid based on a contingency fee agreement that states that there will be no legal fees for the attorney unless there is a monetary recovery. The percentage of recovery can vary but the usual rate is 33 and 1/3 percent. The rate can then move up depending on if the lawyer needs to file a complaint and go to court. Costs incurred by the attorney to represent you in your case, such as medical records costs, supplies and expert retainer costs are usually not included, so it is best to ask the attorney what type of costs and how much typically are incurred during a case like yours.

Have You Handled My Type of Case Before?

It is vital that your lawyer has experience handling a similar case to yours, and had a positive outcome. Do not be afraid to go in-depth regarding their experience in this type of case, by asking follow-up questions and for specifics. By ensuring the attorney really knows the subject matter, you will feel confident leaving your case in their hands.

Do You Have the Time to Work on My Case?

This is a great example of why it is not necessarily always the best choice to go to a lawyer everyone knows. While they might have experience, you need more than that. You want someone who has the time and can put real effort into your case.

Great follow-up questions to this might be the number of other cases he or she has pending, and the exact amount of hours per week he or she plans on devoting to your case.

Will You Be Handling My Case?

Although this may seem like a redundant question when meeting face to face with a lawyer, it is common to have your case handed over to a different attorney and never see or hear from the specific attorney you contacted after the initial meet and greet. Inquire about who will be handling the case, who your main point of contact will be, and how available they will be to you when you need them. Make sure you are stern about the fact that if you choose them to represent you, you do not want anyone else handling the case.

What is the Possibility of My Case Going to Trial?

Any good lawyer will be prepared to take every single case to trial. Be extremely wary if a lawyer informs you that your case is going to settle. This probably means that receiving any sort of compensation is acceptable to them, and they most likely will not push for what you could possibly gain from your case. Ask for specific time frames, as most personal injury cases can be resolved within 2–3 years, sometimes less.

What Strategy Do You Propose?

Before meeting with you, a lawyer should have taken a look at your case and created outlines of possible strategies. He or she should outline different ways the case could be handled, and then explain why they have chosen a particular strategy, including the positives and negatives of that strategy.

What is My Role in Case Preparation?

You should know ahead of time what part you will play in helping your attorney. It is common for the attorney to request specific documents and background information. Learn the exact expectations of what you can do to help, and always follow your counsel’s advice.

Aside from the above questions, be sure to jot down any and all other questions you would like answered prior to the meet and greet with attorneys. Never settle for counsel if you do not believe they are a good fit, or if something just doesn’t feel right. Take your time and do as much research as possible before choosing the best personal injury lawyer for your case.

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