20 Questions to Ask a Personal Injury Lawyer
If someone else’s negligence injured you, choosing a lawyer is an important decision. A consultation lets you learn not only whether an attorney believes you may have a claim, but also how they communicate, approach cases, charge fees, and prepare for potential litigation.
You do not need to hire the first attorney you speak with. Asking focused questions can help you compare lawyers and decide whether a particular firm is a good fit for you and your case.
The attorneys at Winston Law Firm encourage prospective clients to ask questions before deciding. If you are considering a personal injury claim, these 20 questions can help you evaluate a lawyer during an initial consultation.
Questions About Experience and Qualifications
1. How long have you handled personal injury cases?
Years in practice don’t tell the whole story, but they provide useful context. Ask what percentage of the attorney’s work involves personal injury and whether the lawyer regularly handles claims like yours.
2. Have you handled cases involving injuries or accidents like mine?
Personal injury law includes car crashes, truck accidents, motorcycle collisions, dangerous property conditions, defective products, catastrophic injuries, wrongful death, and many other claims. Experience with the type of accident and issues in your case can matter.
3. What experience do you have taking personal injury cases to trial?
Many injury claims resolve without a trial, but that does not mean trial experience is irrelevant. Ask whether the attorney has courtroom experience and is prepared to litigate when settlement doesn’t fairly resolve the dispute.
4. Can I review your case results or client testimonials?
Past results cannot guarantee what will happen in your case, but they can help you understand the types of matters a firm has handled. You can review Winston Law Firm’s notable case results and client feedback as part of your own evaluation.
Questions About Fees and Case Costs
5. How do you charge for a personal injury case?
Personal injury lawyers commonly use contingency-fee agreements, meaning attorney fees are generally tied to a recovery rather than charged as an hourly fee. Ask the lawyer to explain the agreement before you sign it.
6. What percentage will the attorney fee be?
Ask when the percentage can change and whether different stages of the case affect the fee. The written agreement should explain the applicable fee structure.
7. How are case expenses handled?
Personal injury cases can involve expenses for medical records, filing fees, depositions, experts, investigators, and other litigation needs. Ask who advances these expenses and how they are handled when the case concludes.
8. Will I owe anything if there is no recovery?
Do not assume every contingency agreement works exactly the same way. Ask the lawyer to explain what happens to attorney fees and case expenses if the claim does not result in a recovery.
Questions About Communication and Case Handling
9. Who will actually handle my case?
Ask whether you will primarily work with the attorney you meet during the consultation or with another lawyer, paralegal, or member of the legal team. Support staff can play an important role, but you should understand who is responsible for your case.
10. How often will I receive updates?
People have different preferences about communication. Ask how the firm normally updates clients and whether you should expect communication after important developments or on a regular schedule.
11. Who should I contact when I have a question?
Find out the easiest way to contact the legal team and who can answer routine questions about your case. You should understand the firm’s communication process before representation begins.
12. What will you need from me during the case?
A personal injury claim often requires client cooperation. You may need to provide medical information, employment records, photographs, insurance documents, treatment updates, and other information related to your injuries and losses.
Questions About Case Strategy and Litigation
13. What strengths do you see in my case?
An initial consultation may let an attorney identify favorable facts about liability, evidence, insurance coverage, injuries, or damages. In some cases, the lawyer will need additional investigation before providing a meaningful assessment.
14. What potential problems or challenges do you see?
This can be one of the most useful questions you ask. A thoughtful attorney should be willing to discuss possible weaknesses, disputed facts, insurance issues, comparative fault arguments, causation questions, or other challenges rather than promising an easy result.
15. What evidence would you want to investigate or preserve?
Depending on the case, important evidence may include photographs, surveillance footage, witness statements, police reports, vehicle data, medical records, employment records, damaged products, maintenance records, or physical evidence from the accident scene.
Winston Law Firm provides additional information about the importance of preserving evidence after an injury.
16. How will you evaluate the damages in my case?
Ask what information the attorney would review when evaluating medical expenses, lost income, diminished earning ability, future treatment, pain and suffering, and other potentially recoverable losses.
17. How do you decide whether to settle or go to trial?
A lawyer can advise you on settlement offers, litigation risks, evidence, and possible outcomes, but the client ultimately decides whether to settle. Ask how the attorney approaches negotiations and when the firm may recommend continuing toward trial.
18. How long might a case like mine take?
No attorney can responsibly promise an exact timeline at the beginning of a case. The duration can depend on medical treatment, investigation, insurance negotiations, disputed liability, litigation, court schedules, and whether the case ultimately goes to trial.
Questions About Whether the Lawyer Is Right for You
19. What is your approach to working with injured clients?
You may work with your lawyer for months or longer, particularly in a complicated case. Ask how the attorney approaches client communication, decision-making, expectations, and the attorney-client relationship.
20. Why do you believe your firm is a good fit for my case?
This question gives the attorney an opportunity to explain relevant experience, resources, approach, and what the firm believes it can contribute to your case. Listen for specific answers rather than guarantees about the result.
Questions to Ask Yourself After the Consultation
The attorney’s answers matter, but so does your impression of the consultation.
Before hiring a lawyer, consider:
- Did the attorney listen carefully to what happened?
- Were your questions answered clearly?
- Did the lawyer discuss possible challenges as well as strengths?
- Do you understand the proposed fee arrangement?
- Do you understand who will handle the case?
- Were you given realistic information rather than promises?
- Are you comfortable communicating openly with the attorney and legal team?
A consultation should help you make an informed decision. You should not feel pressured to choose a lawyer before you understand the proposed representation.
What Should You Bring to a Personal Injury Lawyer Consultation?
If available, it can be helpful to bring or have access to documents related to the accident and your injuries, including:
- Police or incident reports
- Photographs and videos
- Insurance information
- Medical records or discharge paperwork
- Medical bills
- Witness information
- Correspondence from insurance companies
- Information about missed work or lost income
You don’t need every document before speaking with an attorney. An initial consultation can also help identify information you may need to collect later.
For more detail about the first meeting itself, read what to expect when meeting a personal injury lawyer.
Talk With a Florida Personal Injury Lawyer
Winston Law Firm has represented injured Floridians since 1989. Founding and managing partner Bradley Winston is a Florida Bar board-certified civil trial lawyer with more than three decades of experience handling personal injury matters.
Learn more about Bradley Winston, review the firm’s case results, or explore our Fort Lauderdale personal injury practice before scheduling a consultation.
If you were injured because of another person’s or company’s negligence, contact Winston Law Firm or call (954) 475-9666 for a free consultation.
