8 Questions to Ask a Personal Injury Lawyer

Personal injury law textbook on desk with gavel for personal injury lawyers

When you’re injured, you need an attorney to help secure you the compensation you deserve. That said, not all personal injury lawyers are the same, and it’s important that you hire an attorney with the relevant knowledge and experience to handle your claim. To help you determine whether a prospective lawyer is a good fit, here are eight questions to ask an accident attorney before hiring them.

1. Do I Have a Strong Case?

One of the first questions to ask your personal injury lawyer is whether you have a strong case for claiming compensation. 

Although every case is a little different, you generally need to prove four elements of negligence in order to make a successful personal injury claim.

  • First, you must prove that someone owed you a duty of care. A duty of care is a legal obligation placed on individuals to behave in a certain way to avoid harming others. 
  • Then, you must show that the person breached this duty in some way (for example, a speeding driver). 
  • Next, it must be shown that you have an injury, whether it’s a minor injury or you sustained more serious damage. 
  • Finally, you must prove that the at-fault party’s negligence caused the accident and your injury.    

In reality, no personal injury claim is perfect. Every case has weak points. Your lawyer, however, should be able to explain what challenges you face and whether they think your case has realistic prospects of success.

2. What Is My Case Worth?

One of the most critical questions to ask an attorney about settlement is how much your claim is actually worth. However, it’s important to understand that until your attorney performs a full case evaluation, they can’t provide an accurate figure. 

To evaluate your claim, your attorney will consider:

  • what type of personal injury claim you have;
  • the strength of the evidence available;
  • whether you share any of the fault for the accident; and
  • the value of any losses you have incurred due to the accident. 

Nevertheless, an experienced attorney can often estimate what your case is worth based on past successful results, but it’s important to note this is just a ballpark figure.

3. What Are Your Fees?

It’s vital that you’re clear on what type of fees you will pay, and when they’re payable. 

Most personal injury lawyers work on a contingency basis, meaning you don’t pay fees unless you win. If you’re successful, your lawyer takes a pre-agreed percentage of the settlement figure. This will include the cost of, for example, any court fees and expenses incurred in the running of your file. 

When you’re thinking about questions to ask a personal injury lawyer before hiring them, make sure you ask how their fees work, and what percentage of any settlement they will take at the resolution of your case. 

4. What Happens if My Case Is Unsuccessful?

You want to make sure you’re not paying any fees if your case is unsuccessful. Your accident attorney should work on a “no win, no fee” basis, so the firm covers all the costs if your case fails. In other words, you won’t pay fees if the attorney can’t get you a settlement or win your case at trial. In these instances, the firm covers the cost of running the case. 

While most personal injury attorneys do use a no win, no fee structure, there’s always a chance the firm you’re considering operates differently, so double-check what happens if your case is unsuccessful before hiring an attorney.

5. Do You Have Experience Handling Cases Like Mine?

While each of the personal injury questions on this list are important, this one is among the most critical. 

Put simply, not all personal injury attorneys will have the relevant experience to handle your specific type of claim, particularly if it’s complex or involves multiple parties. For example, just because a lawyer handles personal injury claims doesn’t mean they’re familiar with how to win complicated medical negligence cases, or they might not have the knowledge required to trace witnesses and obtain the strongest statements. 

Don’t be afraid to ask your attorney how much experience they have handling your type of claim. If you’re not confident in their abilities to manage your case, look elsewhere. 

6. Will My Case Go to Court?

Although cases often settle, court proceedings are sometimes the only way to secure the fairest result. So, your attorney should always be ready for a case to go to trial.

This is why it’s so important to know that your attorney has experience handling cases like yours – otherwise, they may not have the confidence required to take your claim as far as required to get you what you deserve.

Think of it this way: no lawyer can say for sure exactly how a case will go. If an attorney can determine, at the outset, that your case will settle without ever going to court, then they might not be the right lawyer for you because they’re not preparing for every eventuality.

7. Who Will Handle My Case?

It’s not unusual for firms to have more than one attorney working on a case at any given time; after all, this is how younger and less experienced lawyers learn what’s required to run successful cases. That being said, just make sure there is a more senior attorney supervising them, and confirm their name and contact details so you can reach them if you have any questions about your case. 

You should also clarify who will be handling your case if it goes to trial – again, if there’s a less experienced attorney working on your claim, make sure you know which senior attorney is supervising them and ensuring they’re prepared for trial.

8. How Long Does it Take to Resolve Claims Like Mine?

Experienced accident attorneys can estimate how long the process will take based on the facts of your claim. For example, in cases where there’s plenty of evidence in support of your claim and the damages are easy to quantify, it’s sometimes possible to settle within a few months if the at-fault party’s insurers make a fair and reasonable offer. In other cases, however, it could take a year or possibly longer if the case goes to trial and there are various issues in dispute. 

In any case, your attorney should be committed to resolving the matter as quickly as possible while still ensuring you get a fair settlement.

Hire a Personal Injury Lawyer | Alexander Law Firm

These are just some of the questions to ask an accident attorney before you hire them. At the Alexander Law Firm, our highly experienced personal injury lawyers are happy to assist with any type of accident claim and answer any questions you have. If you choose us, we’ll fight to get you the maximum compensation possible. Contact us today to schedule your free consultation.

About the Author: Greg Alexander

Greg Alexander is a graduate of South Texas College of Law and has been successfully representing the people of Greater Houston and the surrounding area for over 20 years. He is a member of the State Bar of Texas, Houston Bar Association, Texas Trial Lawyers Association and the Houston Trial Lawyers Association.