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You are here: Home / News / Top Five Questions When Hiring a Personal Injury Lawyer

Top Five Questions When Hiring a Personal Injury Lawyer

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iStock_000001725185SmallAccording to the American Bar Association there are over 76,000 personal injury lawyers in the United States. Finding the right lawyer may seem like a daunting task but if you remember one important fact… that you are the employer… the process can go smoothly and you can be confident in your choice.

OK. You’ve spoken with the prospective lawyer, had a good phone conversation, and now you are meeting the lawyer in his office for the first time. This is your opportunity to interview the lawyer before formally hiring him or her by signing a retainer. Just remember that one important fact… you are the employer. If the meeting doesn’t go well or you just don’t feel confident about the attorney, you have every right to not hire that attorney. Do not feel compelled to decide right then and there on such an important matter.

Almost all personal injury lawyers work on a “contingency fee basis,” meaning they only get paid a percentage of the settlement amount (typically 33%) at the end of the case. As all accident lawyers within the same state tend to charge the same percentage, hiring a truly outstanding lawyer, in effect, will cost you no more than hiring a mediocre one. And why would you want to hire a mediocre lawyer anyway!

Be prepared before that initial meeting with your prospective lawyer. Here are five important questions you need to ask:

1. What percentage of your practice is devoted to personal injury?

If the lawyer is a sole practitioner, you want the answer to be as high as possible, preferably 100%. This is not to say a general practice lawyer or a young lawyer couldn’t handle your case adequately, but do you really want him or her learning personal injury law on your case?

If the law firm has multiple partners, you still want a high percentage devoted to personal injury law. While the firm may have one partner handling divorces cases, another criminal cases, you want the lawyer handling your case to primarily be a personal injury lawyer.

2. How long have you been handling personal injury cases?

If the lawyer is light on experience or just opened his practice, you might want to think twice before signing a retainer. While longer time practicing doesn’t always mean better representation, you want a lawyer who has been around the block; one who is established and well known in his legal community; and one who is skilled at negotiating with defendants. In short, you want a seasoned lawyer with an established track record.

Personal injury claims can be complex. An experienced attorney will know best how to get you the maximum settlement, whether in court or out of court.


3. Have you handled cases like mine before? How many? What were the outcomes?

As the saying goes, past performance does not guarantee further results. Every case is different, even cases with the same fact pattern. A settlement amount often depends on who the insurance carrier is; how much insurance a defendant may carry; who the trial judge is if the case is litigated; which law firm is representing the defendant.

But having said that, it is still vital information. If yours is a complicated products liability claim, and your personal injury lawyer is primarily an auto accident lawyer never having handled such a case, you might want to find a lawyer who handles products liability cases. While personal injury law is a specialty of the law, products liability law is actually a sub specialty of personal injury law!

4. What percentage of your cases are settled out of court?

This is a very important question. If the answer is 100%, or in that neighborhood, this is not a fact to be proud of. It surely should raise a red flag.

Not every case should be settled. Not every case should be tried. You will be relying on the lawyer’s judgment to know which action will result in the largest recovery for you. If a lawyer settles 100% of his cases, this could mean he is just looking for quick settlements. You want a lawyer who is willing to fight for every penny! On the other hand, if almost every case a lawyer handles ends up going to trial, this could mean he is not a skilled negotiator. Such action could significantly increase your expenses and cause the case to be prolonged… without necessarily increasing your recovery.

5. How will you get paid? Am I responsible for paying expenses up front?

Nearly all personal injury lawyers get paid on a “contingency fee basis,” as opposed to other lawyers who bill per hour. What this means is that the lawyer will only get paid if he wins you money. His fee will be a percentage of the settlement or award. This percentage varies from state to state. In New York, for example, the lawyer’s percentage is 1/3 of the money won.

You should ask your lawyer how expenses on your case would be handled. Typically, lawyers will advance all expenses on a case and recoup the expenses from the case settlement. Case expenses can be significant, especially in medical malpractice cases where paying an expert witness could run into the thousands of dollars. If your lawyer wants you to pay your expenses up front, what that tells you is he is either not an experienced personal injury lawyer or he thinks so little of your case he is not willing to risk his own money.

Remember, you are the employer and the lawyer works for you. Do not be shy in asking questions about your case as it proceeds. But do not make a nuisance of yourself either. As a practicing lawyer, I can tell you this is very counter productive!

Comments

  1. I got in a car accident, and now I need to go to court to make sure my hospital expenses are paid for. I’m looking for a personal injury attorney, and honestly I was intimidated by the process and whether or not I was going to choose the right one. This article gave me an understanding of what is expected of a good lawyer and what to avoid. Thank you, I’ll be keeping this in mind when I’m making my calls.
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  2. Hey, John. I’m thankful that you’ve written this article about hiring personal injury lawyers. I was recently involved in a car accident that I wasn’t responsible for. I’ve been looking into hiring an attorney, but I haven’t been sure of the logistics of it. I’ll be sure to make a few appointments this week, and I’ll use the questions that you have suggested.

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  3. I like your advice to remember you’re the employer. Meeting the attorney definitely is like an interview of sorts, and you should feel completely comfortable with your prospective employee. As you say, there’s no reason to settle for someone mediocre. Thanks for the great advice!

  4. Asking about how your lawyer expects to be paid seems like an excellent question to ask before hiring a personal injury attorney. There are some lawyers who prefer to get paid up front, and others who expect the client to pay them after they’ve helped their client settle their case. Knowing that will help you decide whether you want to hire someone to take on your case, and give you a plan as to how you’re going to pay for a lawyer.

  5. Thank you for providing these questions to ask the personal injury lawyer. Seeing how I don’t understand the world of lawyers, to at least be able to know who will be willing to help me is good to know to make a good decision. I would have never thought to ask what percentage of the case is settled out of the court room. I definitely don’t want a red flag and end up screwing up. Thank you, again, for providing these questions.

  6. I had no idea that there were so many personal injury lawyers out there. Maybe that’s why it’s so hard to find the right one! I like the list of questions you provided, especially the one about asking how often they deal with cases like this. That can really help to ensure you get the experience you need.

  7. These are some great questions to ask a personal injury lawyer. I didn’t realize it isn’t necessarily a good thing to have every case settled. I agree that you should get a lawyer “who is willing to fight for every penny.” I’ve always thought it was a good idea to have someone familiar with the law working to ensure your interests are taken care of.

  8. Awesome article, John! I’ve been looking into a personal injury lawyer, so I’m glad that you’ve listed some tips on hiring one. I think it’s important that you’re asking the attorney whether or not they’ve dealt with cases like yours—it’s important to make sure they know what they’re getting into! Hopefully I’ll be able to find a personal injury attorney soon. Wish me luck!

  9. Thank you for the questions that I could use when looking to hire a personal injury lawyer. I have always been fairly illiterate when it comes to the legal world, but this is a great resource. I have had many friends with good and bad experiences in court because of the attorneys they hired; I wish they would have seen this beforehand! Thanks again for the information.

  10. It’s true that expenses can be a big worry after you get injured. I would definitely get a lawyer to help with your case if it was someone else’s fault that you were hurt. I’ll have to talk to my friends and see if they had any suggestions. Hopefully, the matter can be settled without all the court battles.
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  11. I really appreciate this article about what questions to ask my personal injury lawyer before I hire him. I was recently involved in an accident at work, and I really need to find a lawyer I can trust. I think this list will help me get there. I really like the idea of asking how previous cases like mine have turned out to see what his reputation is. Thanks for the information!

  12. Lawyer services are extremely pricey and so finding a quality attorney is vital so you are not wasting your hard earned cash! Thank you to the authour for taking the time to point out a few MUST ASK questions when looking to hire a personal injury, attorney. I will most definitely remember this article in the future if a loved one or I am ever in need.

  13. Thank you so much for your clear and straightforward advice about finding a personal injury lawyer! I have no experience with finding a lawyer, and after being injured in a traffic accident recently the thought of finding a lawyer was intimidating. I especially like the suggestion to ask what percentage of cases were settled out of/in court; I never would have thought to ask, but apparently it’s a very important detail! I have one question for you . . . I wondering what forum you would suggest for finding lawyers? Are online directories or white pages a good source?

  14. It is always good to ask questions before getting any kind of service, especially that of a personal injury lawyer. I think that the second question is one of the more important ones. Like you said, if the lawyer doesn’t have a lot of experience, then you might want to look for someone else. Personally, I would want to go with someone that has experience since this could prove to benefit you in the long run.

  15. I agree with your advice about asking how many of the cases were settled out of court. I have a case I don’t want settled out of court. I want to make sure that I go to court and get fairly compensated. Knowing whether or not a lawyer is looking just to settle is definitely important to me.

  16. Of the questions that you listed here, you should always ask them the second one. You wouldn’t want to hire someone and then find out they don’t have any experience with personal injury. It’s always a good idea to make sure they have the proper experience for your type of case before you hire them.

  17. My husband and I need to hire a personal injury attorney soon. You made a good point when you suggested asking how long they have handled personal injury cases. Knowing my lawyer has a lot of experience would help me feel more confident in my case. I will make sure to ask about that when we shop around, thanks for sharing!

  18. Depending on the type of accident you are involved in there can be different laws that apply. You make a great point to ask your accident attorney about if they have handled cases like yours before. There can be different considerations for your case if you are involved in an incident as a pedestrian, cyclists, motorcyclist, or semi-truck. This can impact things like “right-of-way”, the amount of medical bills, and wage losses. I’ll keep your tips in mind if I ever get injured. Thanks.

  19. I appreciate your tip on asking what percentage of a practice is devoted to personal injury. I would imagine that an attorney who focuses solely on workers injury would be better equipt to deal with your case. I know that if I ever needed to file a workers injury case I would ask them how much of their practice is devoted to it.

  20. It makes sense that before hiring a personal injury lawyer, you should understand how you will be paying them. Something I have heard is that you should also ask about what specific services you will be charged for. I would think knowing those things could help you understand what you are getting yourself into and could help you prepare for it.

  21. Thanks for the article! I love how you suggest always asking questions. Remembering to hold your lawyer accountable is crucial as well, especially when in a serious accident. When I fell at work and messed up my back, I received a very small amount of workers comp and was out of work for about a month. This hurt not only me but my family as well, I was no longer able to provide an income and was struggling to make ends meat. The situation escalated until the company finally agreed to provide me with enough funds to stay afloat until I was healed. This article would have been very helpful, I really appreciate the information you have brought to my attention.

  22. I like your tip on asking how much of an attorney’s practice is devoted to injury. I would imagine that finding a lawyer that is mostly if not completely dedicated to handling injury would be a good way to ensure they will do a good job in your case. My sister recently got in an accident so maybe she should hire a lawyer that focuses on personal injury to represent her.

  23. These are really good tips when talking to a personal injury lawyer. I too would want to know how good they are at their jobs, so I can get the best. I think it would be very important to hire one right away so they can start working on your case.

  24. I really like your third point on asking the attorney about cases that are similar to yours. That can be a great way to make sure the lawyer has good experience, like you said, but it also means that they will have a better idea of how your case turned out. If they pursued a very similar case, then they’ll know what worked and what didn’t.

  25. I thought your fourth point about their percentages was really interesting. I will now look at that number completely different. That number as it turns out, tells a lot about that lawyer. I’m looking into a lawyer right now. I will have to ask him these questions.

  26. I agree that you would want to ask how long an injury lawyer has been handling this type of case before you hire them. I would imagine that if they have been doing this a long time it would mean that they are more experienced in the laws surrounding injury suits. My sister was hurt in a motorcycle accident recently so she’ll have to be sure to find someone who has been handling accident law for a long time to represent her.

  27. I had never thought of asking what percentage of the cases the lawyer has handled were settled at court. After reading this, I can see why this would be a good way to determine what kind of lawyer they are. My dad was rear ended by a drunk driver last week. I’ll have to make sure he asks this question for the lawyer or attorney he is thinking of hiring.

  28. I like that you point out that it is important to ask what percentage of the practice is devoted to personal injury. I can see why this would help give you a better understanding of what to expect from them. It may even be a good idea to ask for personal references that you can call and ask them how their experience was.

  29. These are some great questions to ask a personal injury lawyer. I know a friend who tried to go to court without a lawyer, and it didn’t work that well. Learning the outcome of previous cases like yours is definitely a good idea.

  31. I really like the tip about having a personal injury attorney that will know best how to get you the maximum settlement for your case. It makes sense that you would want an experienced lawyer to represent you. I will definitely keep these tips in mind in the case that I find myself needing a personal injury lawyer.

  32. I didn’t know that most lawyers got paid part of what is made back. It might be good to know that they are working for you. If I was going to hire a lawyer then I would want to know that they would be willing to work for me.

  33. I like your idea on asking what percentage of personal injury cases are handled out of court with a specific lawyer. It would seem that you would want to find someone who settles out of court but will go to court if necessary. My sister is looking for someone to help with a personal injury case so she’ll have to find out if they always settle out of court or not.

  34. I liked when you talked about finding an attorney that has experience with cases like yours. It makes sense that understanding this can help you get the advice and services you need. I would want to make sure I find someone that can provide me with tips on how to get the results I want and who can help me build an accurate and professional case.

  35. I like the idea to work with a personal injury attorney that has had a lot of experience with your specific circumstances. My friend was recently severely injured in a car accident and I can tell that he has been struggling with the medical bills. I definitely think that he needs to speak with a personal injury attorney in order to get the help that he needs to get recompensated.

  37. These questions are absolutely valid when you select a personal injury lawyer. You must ask these questions. As long as we do not know about the lawyer, how can we deal with him ? When you know about the lawyer, how much experience the lawyer has and how many cases he has won you can select him with an assurance of receiving the best service.

  38. You really do ask a lot of good questions in the article here; however, in my opinion, I feel like the question about whether or not the attorney has handled cases similar to your own before is one of the most important. After all, it is very easy for people to get so caught up with finding a lawyer to represent them and forget about just how expansive the personal injury field is. Because of this, you need to make sure that the personal injury attorney you hire has had experience with your type of case before.

  39. My brother has been looking for an attorney who could help him get compensated from a burn injury he sustained, and he asked me for some ideas on how to find one. I’m glad that I found your article because I have no idea how someone would go about finding a burn injury attorney! You talked about asking how long an attorney has been handling personal injury cases, and that it is a good indication of someone with the experience to provide quality help! Thanks for the information so I can share it with my brother!

  40. It was interesting to me how you mentioned that it’s important to understand just how much experience a lawyer has before hiring them. I also liked how you pointed out that it’s important to find a lawyer that has relevant experience with cases similar to your own. My brother is looking to hire a personal injury lawyer since he was injured in an auto accident, so I’ll be sure to pass on the info that he should take relevant experience into high consideration when deciding who to hire.

  41. It’s interesting to know that you need to make sure asking your potential lawyer if he is 100% devoted to personal injury law before hiring him. My husband’s brother got injured at work, and we are looking for advice to help him through this moment. I will let him know about the benefits of hiring an experienced personal injury lawyer to help him.

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