A consultation with a car accident lawyer is a chance to test the firm's experience, advice, fees, and plan for your claim. This guide covers 10 questions and was reviewed on.
Ask these questions before signing a retainer agreement:
- Have you handled cases like mine?
- Who appears to be at fault, and what evidence supports that view?
- What compensation could I pursue?
- What deadlines apply to my claim?
- How do your fees and case expenses work?
- Who will personally handle my case?
- Should I speak with the insurance company or accept its offer?
- How will my medical bills be paid?
- Is my case more likely to settle or go to trial?
- What could weaken my claim, and what should I do next?
A lawyer should explain your legal options, the evidence your claim may require, the likely costs, and the risks. No lawyer can promise a particular settlement or guarantee that you will win.
Questions to Ask About Your Car Accident Claim
1. Have You Handled Car Accident Cases Like Mine?
A lawyer's relevant experience can help you understand how the firm would approach your claim.
Ask:
- How many car accident or personal injury cases do you handle?
- Have you handled cases involving this type of accident?
- Have you represented clients with similar injuries?
- Do you regularly negotiate with the insurance company involved?
- How often do you take car accident cases to trial?
Experience should match the problem you need to solve. A lawyer who mainly handles business law, criminal defense, or family law may not be the right fit for a disputed injury claim.
Confirm that the lawyer is licensed to practice in the state where the accident occurred. The American Bar Association recommends checking a lawyer's license and disciplinary history with the relevant state licensing authority.
2. Who Appears to Be at Fault?
The lawyer should be able to identify the parties who may be legally responsible and explain the evidence behind that assessment.
Ask:
- Which driver or parties may be responsible?
- What evidence supports that conclusion?
- Could I be partly responsible?
- Does my state use comparative or contributory negligence rules?
- Could another party share responsibility, such as a vehicle owner, employer, manufacturer, or government agency?
Potential evidence may include:
- The police report
- Photographs and videos
- Witness statements
- Traffic-camera footage
- Vehicle damage
- Medical records
- Phone records
- Available vehicle data
- Scene evidence
- Vehicle inspections
Crash investigations may also involve interviews, event data recorders, and medical records.
The lawyer should discuss weaknesses as well as strengths. A delayed medical evaluation, conflicting statements, disputed traffic signals, or a pre-existing injury could affect the claim.
3. What Compensation Could I Recover?
The compensation available in a car accident claim depends on the facts, medical evidence, insurance coverage, liability, and state law.
Ask which losses may be included, such as:
- Emergency treatment and other medical expenses
- Future medical care
- Lost wages
- Reduced future earning capacity
- Vehicle repair or replacement costs
- Pain and suffering
- Emotional distress, where state law allows it
- Out-of-pocket expenses related to the accident
Ask how the lawyer would calculate damages and what evidence would support each category. An online settlement calculator cannot account for every factor in an injury claim.
You can also ask:
"What facts could increase or decrease the potential value of my claim?"
4. What Deadlines Apply to My Case?
The lawyer should give you the specific deadlines that apply to your claim. These may include deadlines for:
- Filing a personal injury lawsuit
- Filing a property damage claim
- Notifying an insurance company
- Making an uninsured or underinsured motorist claim
- Bringing a claim against a government agency
- Preserving evidence
There is no single nationwide deadline for car accident claims. Insurance rules and legal requirements vary by state.
Ask the lawyer to write the deadlines down. Speaking with an insurance adjuster, receiving medical treatment, or negotiating a settlement does not automatically extend the deadline for filing a lawsuit.
5. How Do Your Fees and Case Expenses Work?
Most personal injury lawyers use a contingency fee. Under this arrangement, the lawyer receives a percentage of the money recovered instead of charging an hourly fee. The percentage may change if the case settles, goes to trial, or is appealed.
Ask:
- Is the initial consultation free?
- What percentage will you charge if the case settles?
- Does the percentage increase if a lawsuit is filed or the case goes to trial?
- Which expenses will be deducted from the settlement?
- Are expenses deducted before or after the lawyer's percentage?
- Who pays filing fees, expert fees, medical-record costs, investigator fees, and deposition costs?
- Do I owe expenses if the case is unsuccessful?
- Will I receive a written settlement statement?
The fee agreement should explain the percentage, litigation expenses, and whether expenses are deducted before or after the contingency fee is calculated. The American Bar Association's Model Rule 1.5 addresses written contingent-fee agreements, although the rules in your state control the agreement in your case.
6. Who Will Actually Handle My Case?
The lawyer you meet at the consultation may not handle every part of the claim. Ask who will be responsible for the work and communication.
Questions to ask include:
- Will you be my primary attorney?
- Who will communicate with me?
- Will a paralegal or case manager handle routine questions?
- Who will negotiate with the insurance company?
- Who will attend mediation or court?
- How many other cases is the firm handling?
You should know who will make decisions, who will contact the insurer, and who will appear at important proceedings. Ask how often the firm provides updates and how quickly it usually responds to messages.
7. Should I Speak With the Insurance Company?
Speak with the lawyer before giving a recorded statement, signing a medical authorization, accepting a settlement, or signing a release.
Ask the lawyer to explain:
- Which insurer you must notify
- Whether you should provide a recorded statement
- What information you should give the adjuster
- Whether the insurer's offer is reasonable
- Whether accepting payment would end other claims
- How medical bills and insurance liens could affect your recovery
The National Association of Insurance Commissioners recommends reporting a crash promptly, keeping records of conversations with the adjuster, and requesting written explanations when you disagree with a claim decision. The NAIC also states that you do not have to accept a settlement you believe is unfair.
8. How Will My Medical Bills Be Paid?
Your medical bills may be paid through more than one source, and the at-fault driver's insurer may not pay every bill immediately.
Ask:
- Should I use health insurance, medical payments coverage, or personal injury protection?
- Will medical providers wait for payment until the case resolves?
- Does anyone have a lien against my settlement?
- Will I have to repay health insurance or public benefits from the settlement?
- Can the lawyer negotiate medical balances?
Possible sources of payment include health insurance, medical payments coverage, personal injury protection, workers' compensation, or a later settlement.
9. Is My Case Likely to Settle or Go to Trial?
Your lawyer should explain whether the available facts make settlement or litigation more likely, while acknowledging that the outcome can change as the evidence develops.
Ask:
- Has the insurer accepted responsibility?
- What happens during settlement negotiations?
- Is filing a lawsuit necessary?
- How long could litigation take?
- What do discovery, depositions, mediation, and trial involve?
- Who makes the final decision about accepting or rejecting a settlement?
The lawyer should explain the advantages and disadvantages of settling compared with continuing toward trial. You make the final decision about whether to accept a settlement after receiving legal advice.
10. What Could Hurt My Claim?
The most useful answer may be the lawyer's assessment of the claim's weak points.
Ask:
"What facts in my case concern you the most?"
Possible problems include:
- Evidence that you caused or contributed to the crash
- Gaps in medical treatment
- Pre-existing or similar injuries
- Statements that conflict with the police report or medical records
- Social media posts about the accident or your physical condition
- Failure to report the accident promptly
- Missing wage or employment records
- An insurance policy with insufficient limits
- A settlement offer or release that you already signed
Ask what you should do next and what you should avoid doing. Follow medical advice, keep appointments, preserve accident-related documents, and avoid posting about the accident or your injuries until you understand the risks.
Documents to Bring to the Consultation
Bring copies of:
- The police or crash report
- Photos and videos from the scene
- Your insurance policy and claim information
- Medical records and bills
- Names and contact details for witnesses
- Vehicle repair estimates
- Pay stubs or other proof of lost income
- Emails, letters, and text messages from insurers
- Notes about what happened and when
- Any settlement offer or release from an insurance company
The NAIC recommends collecting driver, vehicle, witness, officer, location, weather, road-condition, and scene information after a crash.
Red Flags When Choosing a Car Accident Lawyer
Be cautious if a lawyer:
- Guarantees a specific settlement or outcome
- Cannot clearly explain the fee agreement
- Pressures you to sign immediately
- Avoids discussing weaknesses in your claim
- Will not identify who will handle the case
- Is difficult to contact before you hire the firm
- Gives advice without asking about your injuries, insurance, or accident evidence
- Suggests exaggerating symptoms or hiding information
A lawyer should give you enough information to make an informed decision. Pressure is not a substitute for clear advice.
The Most Important Questions If You Have Limited Time
If the consultation is short, ask these five questions first:
- What is the strongest part of my case?
- What is the biggest weakness or risk?
- What deadline applies to my claim?
- How much will I pay, including case expenses?
- What should I do, and what should I avoid doing, right now?
Choose the lawyer who gives specific, understandable answers and provides the fee terms in writing.