10 Crucial Questions to Ask Your Personal Injury Attorney

By Gary S. Lesser 

Most of us hope we’ll never need a personal injury lawyer. But once you’re in that position after an accident, it becomes one of the most important decisions you’ll make.

Some attorneys settle cases fast to avoid complications. Others hand files to someone you’ve never spoken with. It’s hard to see those things from a website, even reviews can sometimes be manipulated. That’s why the questions you ask up front are key to finding the right attorney. They can help you see how the attorney actually works, whether they’ve handled cases like yours before, and how prepared they are to guide you through it.

1. Have you handled a case like mine?

Not every personal injury case is the same. A rear-end collision with minor injuries is different from a multi-car crash with disputed liability. A fall on a sidewalk is different from a workplace injury involving third-party contractors. Ask the attorney whether they’ve handled cases with facts similar to yours. That includes the type of accident, the injuries involved, and any challenges with proving fault or damages. Don’t settle for a general “yes.” Ask what happened in those cases. Did they settle? Go to trial? Were there issues with the insurance company? You need to understand whether they’ve worked through the kind of legal and practical issues your case might involve. The more familiar they are with situations like yours, the better they’ll be at anticipating problems and building a strong case from the start.

2. Who’s actually going to be working on my case?

The person you meet during the consultation might not be the one handling your case. That’s not always a bad thing, firms may work in teams, but you should know who’s doing what. Ask who will be managing the case day to day. Who’s writing the demand letter? Who’s calling the insurance company? If you have a question, who do you talk to? Also ask if the person handling your case will go to court if it gets that far. Some attorneys don’t try cases, so your file could get passed to someone else halfway through. You should know who’s involved and whether you’ll be dealing with the same person from start to finish.

3. Will you push for settlement, or are you willing to go to court?

Some attorneys don’t like going to court. They’ll send a demand, wait for an offer, and settle if the number isn’t too bad. That might work for simple cases, but not every case is simple. Sometimes the only thing that gets a real offer is filing the lawsuit. That’s when the insurance company starts paying attention. Ask how often the firm takes cases to court. Do they prep cases like they’re going to trial, or do they mostly settle? If the answer sounds vague, that can be a red flag. Not every case needs to go to court. But it should always be an option. You don’t want to lose leverage just because your attorney doesn’t want to file.

4. How often will I hear from you, and how do you keep clients updated?

When this question doesn’t get asked at the beginning, months can go by with no updates, and you can start wondering if anything’s even happening. We’ve heard of cases in other firms where the medical records were in the file, but no demand was written. No calls, no follow-up, just silence. Ask what their communication looks like. Will they call when records come in? Will someone let you know when there’s an offer? If you leave a message, who gets back to you? You shouldn’t have to guess whether your case is moving. And you shouldn’t have to chase them for answers.

5. Do you see any weaknesses in my case?

Strong cases fall apart for small reasons. It’s usually not something dramatic. A note in the chart that downplays pain. A two-week gap before treatment starts. Maybe the other driver’s story sounds just a little more organized. The point of this question isn’t to scare them. It’s to see if they’ve actually looked. We’ve had people come to us after another firm dropped their case midstream—because a pre-existing condition popped up and nobody caught it early. That should never happen. So ask. And then pay attention to how they answer. A good attorney won’t just say “Looks solid to me.” They’ll pause, maybe glance at a detail, and walk you through where they’d expect pushback. If they can’t do that, they’re either not being honest—or they haven’t looked hard enough yet.

6. What are my responsibilities during the case?

Your lawyer handles the legal side of things, but there are a few things you’ll need to stay on top of, like going to all your appointments, sticking to any treatment plan you have been prescribed. Also ask what you should avoid. Should you stay off social media? Should you hold onto receipts? Should you say anything if the insurance company reaches out? Every case is different. Make sure you know what could cause problems if it gets missed and be sure you understand everything that is expected of you to create the best possible case for compensation.

7. How are fees and costs structured?

Most personal injury attorneys work on contingency, which means they get paid a percentage of what’s recovered if the case is successful, and paid nothing if it isn’t. There can also be case-related costs, like court filings or expert evaluations, which are usually paid by the firm while the case is active and reimbursed out of the settlement or award. Medical providers may also ask for repayment (called a lien) for any care provided while the case was pending. Ask if the firm handles negotiation on liens, and whether or not they charge separately for the service. Before signing anything, make sure you clearly understand how fees and costs are structured and if anything will have to be paid out of pocket.

8. What happens if the case takes longer than expected?

Ask what the firm does if things slow down. Will they check in with you regularly, even when there’s nothing new? Do they follow up with the insurance company or defense counsel to keep things moving? You don’t want to find out after months of silence that the case has been stuck waiting on one missing document or unanswered email, which can easily happen if the firm isn’t staying on top of things. If they don’t have a clear process for staying on top of things, it’s more likely you’ll be left guessing. Waiting is part of any case, but you should know what they’re doing while you wait.

9. How do you value my case?

Ask how they come up with a number. Is it based mostly on medical bills? Lost income? Do they look at how the injury affects your daily life or your ability to work? What about pain, stress, or ongoing limitations? Some things are easier to calculate than others. You want to know how they look at the full picture so that any compensation reflects what you’ve lost and your injury’s continued impact on your life. Be careful with anyone who gives you a number too early. It should take time to understand what the case is really worth.

10. What makes your firm different from others I might be considering?

Ask what sets their firm apart from others that handle the same kinds of cases. Do they stay personally involved from start to finish? Do they take on complex cases that other firms avoid? Are they prepared to take cases to trial even when a settlement is likely? The answer should be clear and specific. If they can’t explain what makes their approach different, they may not have one. Most law firms say they are different, but unless they can articulate that in a way that gives you the confidence to hire them, it might be just a slogan.

Your Case Starts With the Right Questions

When you have a free consultation with a personal injury law firm, the initial questions you ask are what cut through the surface and give you a better view of how the firm actually works and whether they are the right choice for you. If the answers feel clear and specific, that’s a good sign you’re working with experienced lawyers. If they sound vague or rehearsed, it’s a red flag and might be how the rest of the case feels too. Trust how the conversation goes, because it usually tells you what working with that attorney will actually be like.

We Take These Questions Seriously

Lesser, Landy, Smith & Siegel, PLLC is ready to answer every one of these questions—clearly, directly, and without the runaround. If you’re weighing your options after a serious injury, we’ll walk you through what matters, what to expect, and how to move forward with a plan that puts you first and pursues the maximum compensation available so that you can focus on recovery and rebuilding your life.