Navigating the legal system can be overwhelming after sustaining an injury in a car or bicycle accident. If those injured choose to file a lawsuit against the at-fault party to seek compensation, these legal proceedings can quickly become complicated.
Personal injury lawyers make the process easier, but it is essential to find the right one for your case by asking key questions during a consultation. Those seeking a Charlotte personal injury attorney should learn what questions to ask personal injury attorneys to determine whether a lawyer is the right fit for their case.
Find Out Whether They Offer Free Case Evaluations
Given how expensive personal injuries can be for those affected and their loved ones, the last thing anyone wants is to feel pressured into choosing an attorney who may not be quite right just because they have already paid for an expensive consultation. Many attorneys offer a free initial meeting, but double-checking individual policies is always important to avoid surprises.
Other crucial case evaluation questions to ask over the phone before meeting the attorney include:
- Are you currently accepting new clients, and is there room in your caseload for a potentially complex personal injury case? (This is especially important in wrongful death suits, which can be an extensive process.)
- What do I need to bring to my initial consultation?
- Is the initial consultation with the attorney handling my case or with legal assistants?
Client preferences vary, but these questions cover most of the bases for a seamless first visit.
Ask About Legal Fees and Costs
Because those experiencing personal injury often have significant medical bills and may not be actively working, they cannot always afford to pay large upfront legal fees. It is essential to ask whether upfront costs are required or whether the attorney accepts clients on a contingency basis. This means the attorney will take a percentage of any compensation won instead of paying up front.
Carefully evaluate the potential contingency fee agreement to understand any hidden or additional case-related costs beyond their percentage of compensation awarded.
Most personal injury attorneys offer this service, but asking questions before committing to a legal journey is always important. Those seeking representation should compare fees and costs across attorneys to find the best option and understand what the agreement requires before starting work on a case.
Do the Fees Change If the Case Goes to Trial?
When evaluating a potential personal injury lawyer, ask how different case outcomes affect fees. Even if attorneys charge on a contingency fee basis, the percentage of awarded damages they take can vary depending on how the case proceeds. Sometimes, if a case goes to trial, lawyers will take a larger percentage than if the defendant agrees to a fair settlement.
Those seeking legal advice after a serious injury should ask attorneys at their first meeting how the fee structure changes depending on the process and outcome.
Determine the Attorney’s Experience With Similar Cases
Not all attorneys handle personal injury lawsuits, and those who do might not have relevant experience with every type of case under that umbrella. Look for attorneys with experience in the specific practice areas relevant to your case (e.g., premises liability, wrongful death, etc.).
When meeting with an attorney for the first time, it is vital to assess how much experience they have with personal injury suits like yours. Ask about past clients and the outcomes the attorney has won for similar cases. Even if you strike up a good rapport, the right experience is paramount.
Inquire about how many similar cases the firm has handled and how many of these have had successful verdicts. If a less-experienced attorney has not handled cases similar to yours, they can still be a viable option if they have the support of other, more experienced attorneys in the firm.
Assess the number of successful verdicts achieved by the prospective attorney or firm and look for similarities to your case in other accident victims. Attorneys should also be able to explain negative outcomes. They may be willing to draw comparisons between those cases and yours to highlight the differences and discuss how they might achieve a better outcome in your situation.
Remember, you will only have one chance at winning compensation for your accident or injury, so it is essential to work with a competent legal team that you trust for peace of mind.
Learn What Their Legal Strategy Would Be
While the information in an initial consultation may not be complete, attorneys can still outline how they would approach your case if hired. Personal injury firms use different strategies; some attorneys prefer to settle quickly, while others count on a trial. Evaluate whether a potential attorney will advocate for their clients thoroughly and provide aggressive negotiations on their behalf.
Consider asking how often similar cases go to litigation proceedings, and determine whether they have trial experience. Also, evaluate what their expectations are for a reasonable settlement and determine their boundaries for accepting early offers.
At the end of the day, a legal representative should act in your best interest, and you should feel comfortable with this person holding your financial future in their hands. It is critical to choose an experienced lawyer with a strong history of patient advocacy in settlements and trials.
Prospective attorneys should also be able to answer clients’ questions about the steps in filing a lawsuit. In New York, personal injury cases are usually required to go through insurance claims before suing a defendant for costs exceeding the state’s personal injury protection (PIP) limit of $50,000. Attorneys should walk clients through the claims process and explain in what situations further legal action is appropriate.
Lawsuits are daunting, especially in the aftermath of an injurious accident, and it is an attorney’s responsibility to educate their clients on the process.
Get Their Professional Opinion on Potential Obstacles
An experienced attorney will be able to provide insight into possible challenges for specific cases. Personal injury cases can be complex, and there are a range of issues that might deter the state from awarding compensation. For instance, an auto insurance company or a defendant may gather evidence against a plaintiff to limit the damages paid.
In other cases, the plaintiff may be partially at fault for an accident (even if only minorly), which can hinder pursuing financial recourse. Thankfully, New York mandates that liability for cases such as car accidents be based on the degree of responsibility. So, an attorney should be able to clarify that if, for instance, the defendant is 75% at fault, they are responsible for 75% of the financial burden on the plaintiff.
Skilled attorneys with a wealth of experience in these kinds of cases can foresee most potential issues and provide you with their intended solutions in pursuit of maximum compensation.
What Is Their Strategy for Communication?
One of the most common issues between legal representatives and their clients is faulty communication. Clients should remain informed about their case and any progress or updates that occur, and attorneys should have robust mutual communication policies in place to ensure this. Clients should consider asking attorneys:
- How often will you provide updates about my case?
- What tools will we use to communicate?
- How available are you for questions in between meetings?
- How directly involved will you be in my case, and who else will work on it?
As so much communication today takes place online or over the phone, it is wise to ask about the firm’s digital security measures and confidentiality practices to ensure they only use safe channels to discuss the sensitive details of your case. Some people prefer more in-person discussions or phone calls over email correspondence; it is your prerogative to find a legal team that offers flexible communication.
It is essential to feel comfortable with the legal representation offered, and clients should always assess a firm’s communication habits before committing to a case together.
Will They Have the Resources To Investigate?
Personal injury cases can be complicated and expensive, so clients should ask whether a potential lawyer has the resources to dedicate to the case. These investigations are inherently time-consuming and demand a lot from a law firm, which an experienced personal injury lawyer will know and be prepared to provide. It is a green flag if an attorney can provide information about their professional network, which should include field experts such as accident reconstruction specialists.
Clients should be confident they are in good hands with a firm that can devote plenty of attention to developing a strong case. When asking whether the team can dedicate adequate time and money to the discovery process, it is also a good idea to ask about case timeline expectations. Every case is different, and discovery timelines can vary depending on the complexity of the injuring accident. It is a good idea to be prepared for all possibilities and understand the most realistic timeline that the case will follow from start to finish.
Keep in mind that the statute of limitations for personal injury cases in New York is three years. If a firm is too busy to balance your case on top of their current load, they may be unable to prioritize meeting this deadline, and your legal rights will diminish. Those seeking legal representation close to the statute of limitations running out should only work with firms that can commit to filing a suit well before the deadline.
Those pursuing personal injury compensation with more time to spare can consider busier firms if they appear to be a better fit but should still exercise caution and inquire about the anticipated timeline for a given case.
How Much Is This Case Worth Based on Similar Cases?
During the initial evaluation, attorneys cannot provide exact dollar amounts for the awarded damages a plaintiff might receive. However, they should still be able to explain what expenses count as legal damages and are eligible for compensation. The actual settlement amounts may vary, but an experienced attorney can typically provide an estimated range.
The attorney will help clarify whether the qualifying damages are solely related to medical expenses or if factors like lost wages or pain and suffering will apply.
The exact totals will become clearer during the discovery period, depending on liability decisions and medical records.
Do They Anticipate a Settlement From the Insurance Company?
While the first consultation with an attorney cannot reveal everything about the outcome of a case, a lawyer can draw from their experience to provide a professional opinion on the most likely scenarios. Based on previous cases and the exact details of your situation, they may be able to tell you whether the insurance company is likely to settle or whether a trial may be necessary. This is not ironclad, but it is helpful to hear from someone with legal experience how these proceedings tend to go, just in case you need to prepare yourself for the extended time frame of a trial.
Be sure to investigate how aggressively an attorney will approach settlement negotiations with an insurance company. It is essential to find someone willing to advocate extensively for a fair agreement. Do not work with attorneys who pressure plaintiffs into accepting premature settlements without first doing their due diligence to adjust the terms to be reasonable.
Trust Yale Haymond Law PLLC
Working with experienced legal professionals such as those at Yale Haymond Law PLLC takes the guesswork out of finding a qualified attorney. Our knowledgeable lawyers can assist those seeking compensation after a personal injury. Consult our attorneys to learn more about the types of damages you may qualify for, and let us help with everything from filing insurance claims to representing your case at trial if necessary.
If you are searching online for “questions to ask personal injury attorneys,” it may be time to schedule a consultation. Choose Yale Haymond Law PLLC and request a free consultation by contacting us online or calling 704-800-HELP (4357) today.
