While you probably aren’t regularly shopping around for personal injury firms in case you’re ever in an accident, hiring a personal injury lawyer isn’t a decision you want to rush.
It can take months or even years to successfully receive compensation — depending on the complexity of your case — so you don’t want to sign your case over to a lawyer only to find that you can’t reach them when you need to or, worse, that you can’t trust them to fight for the fair compensation you deserve.
This post covers what questions you should ask a personal injury lawyer and the answers you should listen for.
Why It’s Important to Ask Questions to a Personal Injury Lawyer
You may think the sole purpose of a free case review or consultation with a personal injury lawyer is to find out if you have a claim.
It can feel as though the attorney has all the power — based on the answers you give to questions such as, “What injuries do you have?” and “Did you visit a doctor after your accident?” a personal injury lawyer will either tell you that are entitled to compensation or break the news that you don’t have a case.
But your appointment with a personal injury lawyer is just as much an opportunity for you to interview them and learn more about how they might handle your case.
The legal team at leading Texas personal injury firm Patino Law has compiled the top 12 questions you should ask an attorney before making a decision, broken down into several key categories:
- Their experience and reputation.
- Your case specifically.
- How they operate.
Questions to Ask a Personal Injury Lawyer about Their Experience and Reputation
When seeking legal representation for a personal injury case, it is crucial to consider an attorney’s experience and reputation. Entrusting your case to a professional with years of experience handling your claim type can make a significant difference. During this phase of questioning, you’ll want to find out if they specialize in personal injury law and the results they have achieved for their clients.
These questions to ask a personal injury lawyer also prioritize digging into an attorney’s reputation at an industry level (considering any awards or recognition they have received from prominent legal organizations) and based on client work.
The experiences of past clients can be eye-opening — a lawyer may look fantastic on paper but have a string of bad reviews from dissatisfied clients who did not know what was happening with their claim or were ultimately unhappy with the settlement their attorney negotiated.
By asking the right questions, you can ensure that you hire a personal injury lawyer with a track record of success and a reputation to match.
1. How Long Have You Been Practicing Personal Injury Law?
The longer a personal injury lawyer has been practicing law, the more experienced they’ll be and the better they’ll be able to help you.
Think of it like going to a doctor: a general physician undoubtedly has a wide range of knowledge, but that doesn’t mean you’d choose them to operate on your head over a dedicated brain surgeon.
In addition to how long they’ve been practicing, ask a personal injury lawyer what types of cases they handle and what percentage of cases they resolve successfully.
2. Have You Handled Personal Injury Cases Like Mine Before?
Every accident and injury is unique. You might have two people who have suffered a spinal cord injury in a car accident, but it’ll impact those two people in completely different ways. A lawyer may not have tried two cases that were identical to the letter, but there should be an overlap between your case and others they’ve handled.
Don’t be afraid to ask a personal injury lawyer about similar cases they’ve dealt with and the settlements they’ve secured for their clients.
3. Do You Have Testimonials or References from past Clients?
Case studies and past results give a great insight into the numbers — including how many cases your lawyer has handled, how many they’ve won, and what settlements they typically negotiate — but they won’t tell you about what it’s like to work with a personal injury attorney.
Is the lawyer polite? Do they seem like they genuinely care about your well-being? Do they put you at ease and do everything in their power to remove stress from your plate? Ultimately, were past clients satisfied with their experience?
Look for reviews and testimonials on their website and third-party review platforms, such as Google Reviews or TrustPilot. Read through the good and the bad to get an overall picture of what it’s like to work with them.
If they don’t have any reviews available, ask. If they receive referrals from other attorneys specializing in different areas of law, see if you can speak to them. It’s also worth asking if you can speak to a previous client. The lawyer will need permission, but if they genuinely provide a positive experience for their clients, they shouldn’t have any problem with you seeking a second opinion.
4. What Is Your Reputation among Other Attorneys?
It might seem strange to ask a personal injury lawyer how they’re viewed by their peers — especially if those attorneys run rival firms. But digging into a lawyer’s reputation within the industry can yield some interesting information. The legal community is tight-knit. Attorneys will often try cases in the same courthouses or negotiate settlements with lawyers representing insurance companies.
An attorney who is respected among their peers can demonstrate that they are professional and good at what they do. Ask if a personal injury lawyer has any awards or is recognized by professional organizations. For example, Dr. Louis Patino — the founder of our personal injury law firm — has been named Litigator of the Year (2023) by the American Institute of Trial Lawyers and Best Trial Lawyer in America (2023) by the National Institute of Trial Lawyers, which have strict criteria for selecting attorneys and ensuring trust and credibility.
You should also use a free consultation as an opportunity to ask for a personal injury lawyer’s perspective regarding the reputations of other attorneys you might be considering. Remember that if you have a strong claim, an attorney may be deliberate about what they tell you (or omit) to secure you as a client, but their answers can be revealing. For example, we can tell you about attorneys in Texas who are rarely in court because they encourage their clients to settle early — even if it’s for less than their clients deserve. However, we will also be upfront about admiring another attorney’s advocacy skills or approach to personal injury law, and we may even refer you to a better-suited attorney if we feel they can secure you the best result.
Always trust your gut — if an attorney is dismissive of a particular law firm, consider whether they are looking out for you or they perceive that firm to be a threat — if it is the latter, you may not feel comfortable choosing an attorney who has no qualms about putting down the competition to get the upper hand.
Questions to Ask a Personal Injury Lawyer about Your Case Specifically
No attorney worth hiring should make guarantees about your case. Personal injury cases are nuanced, and the most significant developments often occur during the process of gathering evidence and negotiation. That said, a personal injury lawyer should draw on their experience of similar cases to identify the potential obstacles you might face — and how they would overcome them — and offer a ballpark of how much you could expect based on what they know about your accident and circumstances.
These questions focus specifically on your claim, giving you an insight into what you can expect if you choose to hire a specific personal injury lawyer.
5. What Issues Do You See with My Case?
Every personal injury claim has its unique difficulties. After a conversation about the details of your accident, a personal injury lawyer should be able to anticipate any roadblocks that could potentially arise and explain how they intend to handle them.
This is slightly a trick question — you might think that the best lawyer to hire is so confident in their abilities that they don’t anticipate any issues. But if a personal injury lawyer responds this way, they’re likely not telling the whole truth, and it might even mean that they’d keep such issues from you when updating you on your case.
The law is complex, and there’s no such thing as an “easy win.” Potential issues might come from negotiating with insurance adjusters or disputing the contributing factors laid out in a crash report, and any lawyer you’re considering hiring should be honest with you.
6. What Is My Personal Injury Case Worth?
This is a crucial question to ask your personal injury lawyer, but that doesn’t mean you’ll get the right answer.
A personal injury calculator can help give a ballpark, and a personal injury lawyer should provide you with an even more realistic range based on the details of your case, but no two cases are the same. Settlement offers will vary based on the strength of the evidence and the unique formulas different insurance companies use.
It’s a red flag if a personal injury lawyer you’re interviewing tells you they can guarantee a certain amount. Still, they should certainly be able to tell you about previous similar cases they’ve handled and what the outcomes were.
You also want to consider if your lawyer is prepared and can take your case to court. Only a minority of personal injury cases go to trial, but you still want to choose a lawyer who can present your case to a jury. If your lawyer boasts that they settle claims quickly, you can expect that they’ll do the same with your case — and you’ll likely end up with less than you deserve.
7. How Long Will It Take to Resolve My Claim?
Personal injury claims can take months or years, and how long your claim will take depends on several factors. Court dockets, willingness to settle, negotiations, available evidence, and the case’s complexity can affect how long it takes to resolve your claim.
Ideally, your personal injury lawyer will be able to draw from their experience dealing with similar cases to provide a rough idea of how long your case will take but be aware that this may change as your case progresses.
More than anything, you should feel confident that your lawyer will keep you updated every step of the way, flag any obstacles, and explain how they will move forward. Cases can drag on, but you don’t want to feel it’s dragging without reason and that you’re sitting on the sidelines waiting for an update.
Questions to Ask a Personal Injury Lawyer about How They Operate
This final set of questions to ask a personal injury lawyer delves into the practicalities of how an attorney operates, including their fee structure, whether they can take cases to trial, and who you’ll primarily speak to during your claim.
In many ways, these are the most important questions to ask a personal injury attorney, as they can make the difference between hiring a lawyer who keeps you updated every step of the way and makes you feel like a priority and an attorney who is impossible to reach, lumps you with surprise fees, offloads your case to a different attorney altogether and overall adds to your stress rather than taking it away.
8. What Fees Do You Charge for Your Services?
Most personal injury attorneys — including our Texas personal injury lawyers at Patino Law Firm — operate on a contingency fee basis, which means you’ll only ever pay attorney fees if you win your case.
This is a vital question for a personal injury lawyer, as you don’t want to be hit by upfront costs before your case begins.
The percentage of your settlement that a law firm will take averages 33%, but this may depend more or less on the individual firm. Don’t be afraid to ask this question to multiple personal injury lawyers at different firms to compare contingency fee agreements, but don’t make this the key deciding factor.
Ultimately, you should weigh the percentage against their experience and your gut feeling. Sometimes, it’s worth going with the firm that takes a higher percentage if you trust their judgment and are more confident in their ability to negotiate the maximum possible settlement.
Asking about a law firm’s fee arrangement is also a way to determine if your case has any weight. Typically, contingency law firms will only take on your case if they are confident they can achieve a settlement; otherwise, they will waste your time and theirs.
However, be cautious about immediately going with any law firm that operates on a contingency fee model. This alone doesn’t mean that they have your best interests at heart. They may only be interested in taking your case so that they can achieve a quick resolution and pocket their fees — even if you deserve much more.
9. How Will You Keep Me Updated on My Case?
Often, when you hire a personal injury lawyer, you’re putting your future into another person’s hands. If you can’t work again, you’re relying on a fair settlement so you can provide for yourself and your family. The last thing you want is to feel you’ve been tossed to the side once your lawyer takes on your case, and you’re unable to ever get through to them.
This is why checking how you’ll be kept up to date is a key question to ask a personal injury lawyer. Will they stay in touch via phone, email, or face-to-face? How often will they keep you in the loop? You also want to ask who your main point of contact will be. This might be a secretary, paralegal, or even the attorney handling your case.
Every case is different. Some clients may only want the occasional update and prefer to leave the claim to their legal counsel so they can focus on their health recovery. Others prefer to be more hands-on and involved every step of the way. Neither is right or wrong — it comes down to what you prefer.
Consider how involved you want to be in your case and ask a personal injury lawyer how that might look in practice. Even if you prefer to sit on the sidelines, you at least want to know who you’ll be speaking with if you ever have a question about your case.
10. How Much Time Can You Devote to My Case?
Many lawyers handle multiple claims simultaneously, so it’s worth asking them how much time they can devote to your case.
The best personal injury lawyer will make you feel like you’re their only client when they’re communicating with you, even if they’re handling several cases.
It may be helpful to ask for a timeline. While no personal injury lawyer can provide a perfect estimate, as it depends on multiple factors, they should explain the immediate next steps, how long each stage should take, and how they’ll work with other attorneys and secretarial staff on their team.
11. What Happens if I Lose My Case?
Nobody wants to lose their personal injury case, but this is a question you need to know the answer to.
You might think that if your lawyer works on contingency, you won’t have to pay a cent — even if you lose. That’s the whole point of a contingency agreement, right?
Unfortunately, that’s not always the case.
Filing a personal injury claim incurs costs. Retrieving medical records and crash reports, filing paperwork, and other clerical activities cost money, and some lawyers will charge these costs even if you lose.
When you’re likely feeling emotional and possibly still suffering pain from your injuries, it’s a large enough blow to know that you’ve lost your case. You don’t want an unexpected bill on top of that, so ask your personal injury lawyer this question before you sign away your case so you know where you stand.
12. What Happens if My Case Goes to Trial?
If negotiations fail because the at-fault party’s insurance company refuses to budge, you might need to consider going to trial. But not all lawyers are prepared to fight in court.
Some lawyers will hand you over to another attorney if you want to go to trial, and some may try your case in court for a higher contingency fee.
You want to be confident that the attorney you choose can put together a solid case that will persuade the jury to find in your favor. There are no guarantees in the courtroom, but your lawyer should fight to get a positive outcome.
Questions to ask a personal injury lawyer include, “Have you previously litigated claims like mine?”, “Will you or another attorney represent me in court?” and “How much can I expect to pay in fees if I go to trial?”.
Now you know what questions to ask a personal injury lawyer before hiring them to take on your case. If you’re looking for a reputable, dedicated, and experienced firm, our Texas personal injury lawyers are 5-star rated by hundreds of clients who trust us to get them the compensation they deserve. When you choose Patino Law Firm, you’ll benefit from decades of experience in a range of complex personal injury cases, and you only ever pay us a fee when we win your case. To get a free, no-obligation case review, fill out the contact form or call 855-LAW-NINJA.
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