A personal injury lawsuit can be complicated and time consuming and the process of obtaining representation after a serious accident may seem daunting, but some personal injury firms will offer free consultations to help you feel more at ease. If you are unsure of what to discuss during your consult, these 10 questions to ask a personal injury lawyer may be a good start.
1. What Do You Charge for Your Services?
Most personal injury attorneys will work on a contingency-based fee schedule. This fee schedule means they will not get paid until you receive a settlement or verdict in court, at which point they will take an agreed-upon percentage of the compensation to cover the fees for their work.
Some attorneys will front all costs for your case and charge you back for them once you have received the payout. These additional fees may include costs for documents, investigators, or other miscellaneous needs.
If you hire a personal injury lawyer who works on a contingency fee basis, you may want to speak about whether you will owe them any fees if you do not secure compensation in your case or if the compensation isn’t enough to cover the costs accrued in the investigation stage. Additionally, you may want to inquire whether the fee percentage changes if the case goes to trial versus settling outside of court.
2. Have You Handled Many Cases Like Mine?
A practicing lawyer is a lot like a practicing doctor. They may have a generalized education, but an obstetrician differs from a neurologist. In this way, you want an attorney who focuses their practice on the kind of case and personal injury damages that you have.
Some of the many kinds of personal injury cases are:
- Slip and fall
- Car accident
- Dog bite
- Work injury
- Wrongful death
- Maritime injury
It’s okay to be direct when talking with attorneys and asking questions about their experience with cases like yours. An attorney with little experience with similar cases may still be an appropriate fit if they work for a firm with mentors who have the knowledge and can provide support and resources.
3. How Long Have You Been Practicing Personal Injury Law?
This question can piggyback on the previous one. It is crucial to make sure you have someone who is experienced in successfully resolving cases like yours and / or has the resources readily available to support their efforts. Requesting information or a biography of the lawyer or more information about the law firm may be helpful. If you are speaking with an attorney with minimal personal injury experience, this may be a red flag.
4. How Long Do You Expect My Case to Take and How Much Time Do You Have to Spend on It?
This question is excellent to ask to help you understand the attorney’s thought process. Their answer can also give you a realistic idea of what to expect from your case. There is no set timeline a case will follow, and the process may be unpredictable, but this can give you a chance to assess your lawyer’s initial approach. While you may not be the expert in the process, it may give you a feel for their confidence and knowledge of the subject.
One of the factors that may affect how long your case will take is how many cases they are juggling at once and how much time they can dedicate to it.
The statute of limitations in Texas for a personal injury case is two years from the date of the incident.
If you are at the beginning of this timeframe, it is helpful to know if the attorney can give it attention right away or if your case may sit for a while before they can be more diligent with it. These are important questions for helping you set and manage expectations.
5. What Are the Strengths and Weaknesses of My Case?
This question may help you gain an insight into the lawyer’s experience with similar cases. If they can give you a few reasons why they are confident in your case, this information can help you set expectations. Even the strongest case will have some weaknesses. It is better to know these challenges and discuss them upfront.
This question also may expose some red flags. The legal system is very complex, and there can be plot twists along the way, even if a case seems to be very clear and straightforward. Discovering additional liable parties can put the proceedings back to the beginning if your attorney isn’t prepared. If you have an attorney who says your case has no flaws and will be easy, that may be a red flag.
6. What Will You Expect From Me During My Case?
There will be many things required to build your case. Understanding your role in this may be necessary for your relationship with your attorney and, potentially, the outcome of your case. Some lawyers and firms will handle requesting any police reports or medical records that are needed, and sometimes, this will be something that they ask you to collect and provide.
Your attorney will handle the formalities and navigate the legal process for you, but ultimately, it is up to you to provide the information needed to support your case. This may include records and receipts for medical bills or expenses you have incurred due to your injury. If you are unable or unwilling to cooperate with your legal team, it could delay or damage your case.
7. Do You Expect the Insurance Company to Settle My Case?
There are many times when settling a case is the best option, but not always. Your attorney should be able to give you an idea of what they expect based on their experiences with similar cases and the evidence you have shown them. Frequently, the insurance company will offer a low initial settlement.
A reasonable trial lawyer should know how to negotiate this process, though nothing is certain. A question that may pull additional information from this is, what kind of experience do they have taking cases to trial? If it does get to trial, will they still handle the case themselves, or will it be handed to someone else? An attorney who is a strong researcher may not always have substantial skills in the courtroom and may hand the case to an experienced litigator.
8. What Strategy Do You Think Will Get the Best Outcome?
At an initial consultation, the attorney may not have all of the specifics for how they want to handle your case, but hearing their general thoughts on the case and how they might plan to move forward with the information they already have may be helpful for you. This information can help you understand what to expect, what might be needed in terms of general documentation, and even their experience and confidence in this type of case.
9. What Level of Communication Can I Expect From You and Your Team?
A personal injury suit is a big deal. While you don’t need a daily update on your case, and there likely won’t be one that often, knowing what to expect and trusting that your lawyer will reach out to you whenever something important is happening with your case may give you peace of mind. It may also help to know the preferred method of communication so you know how to reach out for questions and information to get a quick response.
This question may also include their policy on returning phone calls and emails, ranging from the same business day to 24 or 48 hours.
This may be an excellent time to follow up and ask them who your main point of contact will be. Sometimes, it may be the attorney themselves or a paralegal at the firm. Having a clear understanding of who is responsible for managing communication may prevent frustrations in the future.
10. Do You Have Any References I Can See or Call?
An effective way to find a qualified personal injury attorney to interview is by word of mouth. Asking friends and family for a referral is a great start. Once you have found someone to speak with, it may be beneficial to look at reviews online and ask them if they have testimonials from previous clients that you could see. You may not get specifics due to confidentiality, but it can give you an idea of the types of cases in which they have recently found success. Many firms will also have a case results page or something similar to look at online.
While the experience level and familiarity with similar cases are key to finding appropriate representation for you, much of it is still about education and setting expectations. Even a tough case can be made less stressful by simply knowing what to expect at each step. This includes having a clear understanding of what your role is and what you can expect from your attorney or law firm.
To Ask These Questions to a Personal Injury Lawyer at Dax F. Garza, P.C. Contact Us Today
A serious injury can be highly disruptive to your life. You may incur high medical costs, lost wages from time off work, or even miss out on family events due to your injuries. There can be a great deal on the line when considering a settlement with the other party. Because of this, it makes sense to put time and energy into finding a personal injury lawyer who will work well with you to resolve your case.
The attorneys at Dax F. Garza, P.C. are committed to providing the highest level of care for our clients. Reach out today for a free consultation to learn more about how we can help you with your personal injury claim.
