Questions to Ask When Speaking With an Accident Attorney

Before you call

A little preparation makes the conversation more productive. You do not need to have everything in order, but it helps to have the basics ready.

• The approximate date and location of the accident, and a short description of what happened
• The names of the insurers involved and any claim numbers
• A list of the treatment you have received and any bills you have
• Any offers or letters you have received from an insurer
• A short list of your own questions, which is where this guide comes in

Our guide to organizing accident documents can help you gather these items.

Questions about experience and approach

• Are you licensed to practice in the state where the accident happened? Rules differ by state, so this matters.
• How much of your practice involves motor vehicle accidents? Ask about the types of accidents they handle, including situations like yours.
• Who will work on my matter day to day? Some firms use a team, and it helps to know who you will be speaking with.
• Based on what I have described, what questions or concerns do you see? A thoughtful attorney should be able to identify issues without making promises.

Questions about communication

• How will you keep me updated, and how often? Email, phone, or an online portal each work differently.
• Who should I contact if I have a question between updates?
• How quickly do you typically respond to client questions? A realistic answer is more helpful than a promise.
• What would you need from me? Understanding your role in the process helps you plan.

Questions about fees and costs

Attorneys use different fee arrangements, so ask for an explanation in plain language and ask for it in writing.

• How are your fees structured? Some attorneys charge a percentage of any recovery, others charge hourly, and some use another arrangement.
• If the fee is a percentage, is it calculated before or after costs are deducted? The order can change what you receive.
• What costs might arise, such as records fees or expert fees, and who pays them if there is no recovery?
• Will I receive a written agreement before anything begins? Read it fully, and ask about anything unclear before you sign.

Questions about the process

• What are the typical stages of a matter like mine? Our overview of the claim process gives the general picture. Your attorney can tell you how it applies to you.
• What deadlines apply to my situation? Ask which time limits are relevant and when they fall.
• Which factors could make my matter more or less complicated?
• How are decisions about settlement made? You should understand who decides, and how and when you will be consulted.
• What should I avoid doing while this is pending? Many people ask about social media, insurer statements, and medical appointments.

Questions if you already have an attorney

Some people reach out because they are unhappy with their current representation. If that is you, consider asking how a change of attorney works, whether any fees or costs would be owed to your current attorney, and what would happen to your file. Review any existing agreement and consider asking an attorney licensed in your state to explain your options.

Things to look out for

Everyone communicates differently, but some signs call for extra caution.

• Promises about results or how much you will receive. No attorney can guarantee an outcome.
• Pressure to decide immediately or to sign before you have read an agreement.
• Unwillingness to explain fees and costs clearly.
• Vague answers about who will handle your matter or how you will be kept informed.

It is perfectly acceptable to speak with more than one attorney, take time to think, and choose the person you feel most comfortable with.