15 Questions to Ask a Personal Injury Lawyer
If you live in Nashville, you have probably have seen your fair share of billboards, television commercials and magazine ads touting the expertise of various personal injury lawyers. While it might be tempting to go with the firm with the biggest billboards or funniest radio spots, the truth is the attorney you choose to work with has the ability to make or break your personal injury case.
An experienced attorney should know exactly what it takes to help clients understand their rights, gather evidence, negotiate with insurance companies, and even represent them in a court of law. If you have been injured in an accident and are looking to recover compensation, do not settle for less when choosing an attorney. Below are 15 essential questions to ask when meeting with a personal injury lawyer for the first time to help you determine whether they are the right person to lead your case to victory.
What to ask a personal injury attorney during an initial consultation
Often, the first step in a personal injury case is scheduling a consultation with potential legal representation. Consultations give clients and attorneys the opportunity to get to know one another and make determinations about whether they might make a good team. While it can be a little overwhelming sitting in a one-on-one conversation with a personal injury lawyer, it is important to know that the right lawyer for you will have your best interests at heart.
Coming into a consultation armed with the right questions can help you quickly assess whether a particular attorney or firm is the right match for your case and help you feel more confident as you proceed through the legal system. Here is a list of questions you can ask an attorney during an initial consultation to help you suss out whether they are the legal pro for you:
1. How long have you been practicing personal injury law?
Experience matters. You want an attorney who is familiar with cases like yours and knows the legal landscape in Tennessee. If an attorney lacks local references or seems unfamiliar with state and local laws, you might want to consider other options.
2. Have you handled cases like mine before?
While every personal injury case is unique, it can be helpful to work with an attorney who has prior experience working on cases like yours. Whether it is a car accident, slip and fall or workplace injury, it is important for you to find a lawyer who knows what it takes to overcome the specific challenges associated with your kind of case.
3. What is your success rate?
It is important for you to get a sense for an attorney’s track record prior to asking them to work on your case. Understanding an attorney’s historic success rate can help you decide whether they are equipped to handle your case and give you an added sense of security in the event that you choose to move forward with them on your team.
4. What is your approach?
Some attorneys prioritize settlement negotiations, while others are more inclined to take a case to trial. You will want to make sure their approach is aligned with your goals and feels like something you can fully get behind while also managing your recovery.
5. Will you be the person handling my case?
In larger firms, the attorney you first meet may not manage your case day-to-day. It is reasonable to ask (A) if you will work directly with them or with another team member and (B) if they can share details on any other professionals who may be involved in your case.
6. What is the best way for me to reach you?
Clear communication is essential. You should chat with the attorney about how often you will receive updates and whether communication between you and your legal team will take place via phone, email or in-person meetings. Getting this information up front can help cut back on confusion and miscommunication moving forward and help to ensure everyone is on the same page from day one.
7. What is your fee structure?
Most personal injury lawyers work on a contingency fee basis, which means they will only get paid if you win. Because there are often high dollar amounts at stake in personal injury cases, it is important that you understand the percentage an attorney wants to charge and whether they expect you to cover or reimburse them for any additional costs.
8. Are there any upfront costs I should be aware of?
Similarly, you will want to touch base as to whether the attorney expects you to front the expense of any up front costs. Some firms will cover upfront costs like filing fees or expert witness compensation, and deduct the expenses later from your settlement amount. Others may require payment for these things up front or as the case progresses. If you have limited funds available to cover these costs, an attorney who expects you to cover upfront expenses might not be a good fit for you.
9. How long will this process take?
Let us be clear: attorneys cannot predict how a case will unfold or how long it will take. They can, however, give you their best guess based on their experience with similar cases. Be wary of attorneys who claim that cases will be resolved quickly, however, as this may be an indicator that they are only working to secure a quick settlement rather than a fair and comprehensive outcome.
10. What challenges do you foresee in my case?
An honest attorney will be upfront about any challenges they think they may encounter while working on your case and how those challenges may impact the process. A skilled attorney, however, can also share how they plan to address those challenges in order to secure the best possible outcome for your case.
11. How do you work with insurance companies?
If you expect your case to be handled via insurance negotiations, you will need an attorney who has experience dealing with insurance adjusters. Because insurance companies are notorious for attempting to deny, delay or devalue claims, your lawyer should have a clear strategy for fighting back against common insurance tactics in order to maximize your payout.
12. Will my case go to trial?
While most personal injury cases settle out of court, some complex cases ultimately go to trial. During your consultation, you will want to ask the attorney whether they expect your case to settle in or out of court and invite them to talk about their experience and level of comfort with representing clients in the courtroom.
13. How do you work with insurance companies?
If you expect your case to be handled via insurance negotiations, you will need an attorney who has experience dealing with insurance adjusters. Because insurance companies are notorious for attempting to deny, delay or devalue claims, your lawyer should have a clear strategy for fighting back against common insurance tactics in order to maximize your payout.
14. What is expected of me during this process?
It is a good idea to get specific about your needs and expectations when it comes to your level of involvement in your own case. If you are hoping to be largely hands-off during your recovery period, it is important to make sure the attorney you are meeting with is prepared to do the heavy lifting without asking you to field constant requests for documents, meetings or other follow-up tasks.
15. What makes you the right lawyer for my case?
This might be the most important question you can ask during a consultation, as it gives the attorney an opportunity to highlight their strengths, articulate their values and detail their approach. If their responses are aligned with your values, needs and expectations, you might want to take the next step towards partnering with them in your case.
More questions?
If you are looking for a personal injury attorney who checks all the boxes, contact the team at Rocky McElhaney Law Firm today. Our experienced Nashville personal injury lawyers understand the unique challenges associated with personal injury cases and know exactly what it takes to support clients from all walks of life in their claims for compensation.
Fill out our online contact form or give us a call to schedule a consultation and get your questions answered. We are standing by 24/7 to take your call, listen to your story and help you take the next crucial step in your fight for justice.
