16 Questions To Ask a Personal Injury Lawyer Before Hiring Them
Posted on: September 10, 2024When you’ve been injured, the right legal representation can make all the difference in the outcome of your case. Choosing a personal injury lawyer isn’t just about picking the first name you find online—it’s about finding someone who understands your unique situation and can fight for the compensation you deserve.
Whether your case is just beginning or you’re in the process of switching attorneys, it’s important to find an experienced, knowledgeable expert who can give you the best advice.
Here at Beers & Gordon, our attorneys bring over 70 years of combined experience in handling personal injury cases. To help you make an informed decision, we’ve compiled a list of 16 essential questions you should ask a personal injury lawyer before you hire them.
Just as you wouldn’t go to a cardiologist for a broken arm, you shouldn’t hire a lawyer who doesn’t specialize in personal injury law.
Different types of personal injury cases—like motorcycle accidents, slip and falls, dog bite claims—require different expertise. Make sure the attorney you’re considering has extensive experience with your specific type of case.
2. Who Will Be Handling My Case?
Most people call a personal injury law firm hoping to work with a licensed personal injury attorney, yet some larger firms will pass off cases to a paralegal or case worker instead (hardly the same thing!).
In these firms, the attorney may never talk to you or even review your file. As defense attorneys, we walked into depositions against these big firms and saw the attorney introduce himself to his client for the first time.
Your personal injury lawsuit is too important and sensitive a matter to entrust to someone without legal experience. One of the most important questions you should ask at your initial consultation should be, “Who will handle my case?”
At Beers & Gordon, one of our two seasoned attorneys will personally handle your case, ensuring you receive the attention and expertise you deserve.
3. What Is Your Success Rate?
Merely having experience in a particular area of the law shouldn’t be enough to inspire confidence. You also need to know whether the potential personal injury lawyers have what it takes to actually win your case.
Asking for his/her success rate will give you a much better idea of how the future will go. If they have a long history of losses, you’ll know to keep looking.
4. How Long Will It Take To Resolve My Case?
Bear in mind that no attorney can tell you exactly how long it will take to finish your personal injury case.
If they guarantee you that everything will be handled in a certain amount of time, steer clear. Your case doesn’t just rest on the shoulders of your attorney. There are multiple factors that determine how long it will take to settle your case—most of which neither you nor your lawyer have any control over.
In this case, a lawyer who cannot give you a cut-and-dry answer but gives you general parameters is an honest lawyer.
5. Will My Case Go To Trial?
Again, no personal injury attorney can guarantee that your case will (or won’t) go to trial. The other party may agree to settle for a fair amount or they may fight you tooth and nail the entire way.
You should be wary, however, of an attorney who says they never or rarely go to trial, as this could indicate an unsuccessful litigator who is quick to settle (regardless of whether that’s the best decision for you).
Civil trial law is a specialty, just like any other in the legal system. At Beers & Gordon, we are never afraid to take a case to court, as we have the skills and experience to do so. Just as important, the insurance companies and defense attorneys know which lawyers are willing and able to try a case. Their evaluation of the case is impacted on whether they think your attorney is willing to take them all the way to court.
6.What Are Your Fees and Costs?
It’s always helpful to know how much an attorney is charging for their services. Keep in mind, though, that most personal injury attorneys work on a contingency fee basis, which is a fancy way of saying they don’t get paid unless they win.
Typically, attorneys will take a percentage of the amount you receive or they will factor their fees into the amount they’re asking for.
You also want to know what the attorney will charge for case-related costs. Many law firms nickel and dime their clients by charging for faxes, copies, scans, and even long distance calls. These same law firms run up costs without regard to the client’s bottom line.
Regardless of the answer, it’s in your best interest to know what you’re agreeing to.
7. What Will My Role Be?
If you have never been involved in a personal injury case before, you likely have no idea what’s expected of you.
Have your lawyer break down exactly what your role is at every step of the way. This will not only give you a better idea of the process, it will reassure you that your attorney knows what they are doing.
8. Are You Board Certified?
While all attorneys must be licensed in order to practice law, not every attorney is board certified in their particular area of expertise.
Board certifications are like a stamp of approval given only to very experienced attorneys by the Florida Bar’s Board of Legal Specialization and Education. To be awarded this distinction, lawyers must be highly skilled in their area of expertise, spend a significant amount of time on continuing education, and pass a peer review process.
David Beers has been a board certified civil trial attorney since 1984, making us uniquely qualified to take your case to trial if need be.
9. Do You Have an Idea What My Case is Worth?
There is no right or wrong answer to this question, as there are many factors to consider. An experienced personal injury attorney should be able to take the details of your particular case and give you a ballpark settlement amount to expect.
One thing you should be wary of, though, is a grandiose claim.
Those billboards featuring giant checks might look impressive, but that money may have been compensation for a catastrophic injury or wrongful death. Also, the attorney that guarantees you an amount is an attorney who is more interested in getting you signed up as a client to lock you in then they are interested in giving honest advice.
No two injury cases are alike and there are a lot of factors influencing your settlement negotiations: the severity of your injuries, the extent of your pain and suffering, etc. The only person who should be giving you any idea of how much your claim is worth is your attorney.
10. Can You Provide an Example of a Case Similar to Mine?
It’s one thing to say a lawyer has experience, but it’s another to see it in action. Ask for examples of similar cases they’ve handled and what the outcomes were. This will give you a better idea of how your case might be approached and what you can expect.
11. How Often Will We Communicate?
Communication is key in any attorney-client relationship. Some clients prefer frequent updates, while others are content with less frequent communication. Make sure you and your lawyer are on the same page about how often you’ll be in touch and who your primary point of contact will be.
12. Do You Work With Expert Witnesses or Other Specialists?
Expert witnesses can be critical in personal injury cases, particularly when it comes to proving liability or the extent of your injuries. Ask whether your lawyer has connections with reputable experts who can strengthen your case.
13. What Are the Potential Outcomes of My Case?
While no lawyer can guarantee a specific result, they should be able to explain the range of possible outcomes and what factors could influence the final resolution. This will help you set realistic expectations for your case.
14. What Happens if We Lose the Case? Will I Be Responsible for Any Costs?
It’s crucial to understand what financial responsibilities you might have if your case doesn’t result in a favorable outcome. Some attorneys may cover all case-related costs, while others might require you to pay certain expenses.
15. What Is My Case Worth?
Be cautious of any lawyer who promises a specific amount of compensation upfront. A good lawyer will provide a range based on the specifics of your case but will also explain that the final amount depends on numerous factors, including the severity of your injuries and the willingness of the other party to settle.
16. Do I have a case?
Last but not least, your personal injury attorney should be able to tell you whether you actually have a case. That is why it is so important to meet with an ATTORNEY and NOT AN INVESTIGATOR. Only an attorney can give you legal advice on whether you have a case.
No lawyer wants to spend months fighting a case that they have no chance of winning. (And let’s be honest, neither do you!)
Injury cases tend to be invasive and delve into many aspects of your personal life, so be honest and upfront with your attorney. The more information they have, the better they will be able to help you.
Looking For a Personal Injury Attorney?
Finding a good attorney can sometimes feel like finding a needle in a haystack, but if you don’t know what questions to ask a personal injury lawyer, it’s even harder.
Here at Beers & Gordon, our goal is never to close your case quickly but to give you the most favorable outcome possible. Unlike other personal injury firms, our goal is to get to know you and your case. From Day 1, you will meet with one of two experienced attorneys with the skills and experience necessary to fight your case in court.
If you live in the Orlando, Florida area, give us a call today to schedule your free consultation.
Jim Gordon
Jim Gordon earned his Juris Doctorate from the University of Nebraska in 1997, and two years later began working at a firm in Orlando handling insurance defense matters on cases involving vehicle accidents, negligence, product liability, and more. He established Beers & Gordon P.A. with David Beers in 2009 to represent the rights of people injured because of negligence. He is a member of the invitation-only National Trial Lawyers organization and the Million Dollar Advocates Forum.
