Questions to Ask a Personal Injury Lawyer During Your Consultation

When you schedule your free consultation, it's a good idea to write a list of questions you want answered by the lawyer. You'll typically be allotted about 20-30 minutes--that's not a lot of time, and you should use it efficiently.

You should consider bringing documents to your free consultation that illustrate your expenses and document your injuries. This will help the lawyer evaluate your case and the range of outcomes you can expect.

Some questions you should consider asking include:

1. How Much is Your Fee?

Most personal injury lawyers charge a contingency fee. A contingency fee is paid only if the outcome results in a settlement or a jury award. The fee represents a percentage of your compensation recovered. Depending on your case, a typical contingency fee could run anywhere from 20% to 40%.

Some benefits of a contingency fee include:

• No upfront fee to start your case

• You receive the majority of the compensation

• The lawyer has an incentive to fight for the maximum recovery

• You pay no legal fees if you lose your case

During your free consultation, make sure you understand how much the lawyer charges and how the fee is calculated.

In addition, talk to the lawyer about costs. During your case, the lawyer may front the money to pay for expenses like filing fees, court reporter fees, and expert witness fees. At the end of the case, you need to reimburse your lawyer for these expenses. Also, it's important to discuss who pays expenses if you lose your case and how you reimburse the lawyer if you win your case.

2. Who Will Handle My Case?

Some lawyers will sign new clients and assign cases to other lawyers in their firms or their professional network. Some lawyers have a team of associates, paralegals, and legal assistants who provide support in the case.

In your free consultation, ask the lawyer about who will handle your case. If the lawyer at the free consultation will not handle your case, ask if you can speak to the lawyer assigned to you. Since the attorney-client relationship requires trust and communication, and since you could be working together for months or even years, you must know how well you will work with your lawyer.

3. How Will I Be Updated About the Case?

A common complaint of clients concerns their lawyers' lack of communication. Lawyers have multiple clients and can get very busy; however, under California ethical rules, a lawyer must keep the client reasonably informed about the status of the case and respond to all reasonable requests for information.

During the free consultation, discuss your expectations about communication. Ask the lawyer how often you can expect updates and who else can provide information about your case within the firm.

4. Do You Have Experience With This Type of Case?

Personal injury law is complex, and experience matters. Only lawyers with experience have insight into key areas that are material to the success of your case. These include:

• Insurance claim handling practices

• Working with your medical team to calculate the extent of injuries

• Calculating the extent of damages

• Court rules

• Negotiating tactics

• Delaying tactics and other tricks

• Litigation strategies

Some personal injury lawyers have deep knowledge from routinely handling particular types of cases like rideshare (Uber and Lyft) accidents, motorcycle accidents, malpractice, and brain injuries.

5. What Should I Expect from My Case?

Your free consultation should give you a frank assessment of your case. The lawyer should provide objective advice about your case’s strengths and weaknesses.

Based on this case evaluation, the lawyer may even estimate the range of outcomes you can expect.

6. What is Expected of Me?

Your cooperation and assistance will be needed throughout your case. Your lawyer will need your testimony about what happened and details that explain how the accident happened. You may provide leads to the lawyer about possible witnesses. You will also help your lawyer gather the evidence needed for your case, including documents showing your losses due to your accident.

You will also help your case by not doing certain things:

• Not talking to the insurance company

• Not posting about your case on social media

• Not lying to anyone, including the lawyer, about your case

Even discussing your case with others can derail your injury claim. Your lawyer will probably have a list of actions that, in the lawyer’s experience, you should avoid.

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