Choosing a personal injury attorney is an important decision–and it’s okay if it feels unfamiliar. A good first consultation should leave you with a clear understanding of the lawyer’s experience with cases like yours, how your case will be staffed and managed, what fees and case expenses look like, and what the road ahead may involve. This guide is designed to help you ask focused, practical questions so you can make a confident, informed choice.
- How experienced are you with cases like mine, and what results have you achieved?
- Will you personally handle my case, and how often will you update me?
- What will be expected of me while the case is ongoing?
- Will my case need to be filed as a lawsuit? If so, what is your jury-trial experience?
- How do your attorney fees and case expenses get paid?
UNDERSTANDING THE LAWYER’S EXPERIENCE AND CASE APPROACH
Before you hire a lawyer, it’s important to understand their background with cases like yours, how they measure success, and what they’ll expect from you during the life of the case. These questions help you confirm experience, approach, and whether filing a lawsuit or going to trial is likely.
According to the United States Department of Justice, only 4%-5% of personal-injury cases end in a jury verdict – roughly 1 in 20. Most matters resolve before trial, which means a meaningful number of attorneys rarely (if ever) try cases to verdict. That context matters when you’re choosing counsel. If the facts of your case suggest that filing a lawsuit is likely–or if liability, causation, or damages will be disputed–you’ll want a lawyer who is comfortable in the courtroom and has handled key trial tasks (jury selection, expert cross-examination, evidentiary motions, and presenting damages). Trial-tested attorneys can also explain how they prepare cases from day one (preserving evidence, retaining the right experts, and building a clear timeline of medical treatment), which often improves negotiation posture even if the case ultimately settles.
- How experienced are you in handling cases similar to mine?
- What is your track record of success for cases similar to mine?
- What is expected of me during the pendency of my case?
- What is the likelihood that my case will need to be filed as a lawsuit with the court?
- What is your experience with taking cases to jury trial?
CLARIFYING CASE COMMUNICATION AND MANAGEMENT
Every firm and client will have their own communication preferences, but a practical rule of thumb is to plan for an update roughly every 90 days. That cadence flexes with what’s happening in your case: before a deposition, you may speak with your attorney several times leading up to the deposition; ahead of trial, you may speak with your attorney every day – multiple times a day – in the weeks leading up to trial. Regardless of the frequency, you should expect a prompt update whenever a significant event occurs – for example, when a settlement offer is made, a lawsuit is filed, or a court issues a substantive ruling (e.g., ordering you to submit to an independent medical examination or dismissing a portion of your case).
Understanding how your case will be staffed and how communication will work sets expectations from day one. These questions clarify who is responsible for your file, how often you’ll hear from the firm, and the best way to reach your attorney or set appointments.
- Will you be personally handling my case, or will it be assigned to another attorney or team within the firm?
- How frequently will I receive updates on the progress of my case, and what is the preferred method of communication?
- If I want to schedule an in-person appointment, who do I speak with?
IMPORTANT QUESTIONS ABOUT FEES AND PAYMENT STRUCTURES
A contingency fee attorney operates under an arrangement where they only receive payment if they successfully secure compensation for their client. Clients are not required to pay any upfront legal costs. Instead, the attorney’s fee is a predetermined percentage, typically ranging from 30-40% of the settlement or verdict obtained on behalf of the client.
- Standard Contingency Fee: This is the most common arrangement, where the attorney’s fee is typically between 30-40% of the total amount recovered for the client through settlement or trial.
- Tiered Contingency Fee: In some cases, attorneys may structure their fees on a tiered basis. For instance, they might charge a lower percentage (e.g., 33%) if the case settles without filing a lawsuit, but a higher percentage (e.g., 40%) if a lawsuit is filed.
- Sliding Scale Contingency Fee: Attorneys may also use a sliding scale fee structure, where the percentage charged decreases as the settlement amount increases. For example, they might charge 40% for the first $1,000,000.00 recovered, but only 30% for amounts exceeding $1,000,000.00.
- What percentage of the settlement or verdict will you take as your fee?
- Are there any additional costs or expenses I will be responsible for, such as court fees or expert witness fees?
- What happens if we don’t win the case? Will I be responsible for any legal fees or expenses?
QUESTIONS TO GAUGE CASE STRENGTH AND CHALLENGES
As noted earlier in this guide, the vast majority of personal injury cases are settled before they are put in front of a jury. However, for those that do reach a jury, the Bureau of Justice Statistics reports that plaintiffs win slightly more than half the time (statistics show an annual variation between 50%-60%). It’s important to discuss the legitimate strengths and weaknesses of your case with your attorney at the outset so expectations on both sides are unified.
Every claim has strengths and potential challenges. Use these questions to pinpoint the evidence your lawyer needs, understand the damages that may apply, and identify defense arguments that could impact the value of your case.
- What evidence do you need from me (photos, witness names, incident reports, medical records, pay stubs)?
- What categories of damages apply in my case (medical bills, future care, lost wages/earning capacity, pain and suffering)?
- What red flags do you see (gaps in medical treatment, delayed care)?
- Where might the defense argue I was partially at fault?
QUESTIONS ABOUT THE LEGAL PROCESS AND TIMELINE
Personal injury claims are often settled within one year from the date a claim is made against the at-fault individual’s insurance company – or, in some cases, your own insurer (for example, when the at-fault individual is uninsured). For cases involving serious injuries and those where a lawsuit has been filed, it often takes two to five years to receive compensation. Ultimately, timing depends on the complexity of the injuries and the legal basis for suit.
From intake and investigation through negotiation, litigation, and trial, your case will move through several phases. These questions outline what to expect, what will be needed from you, and how your attorney will keep your case moving.
- What are the key phases of my case (intake, investigation, medical treatment, demand, negotiation, filing suit, discovery, depositions, mediation, trial)?
- What will you need from me during discovery (written answers, documents, deposition), and how will you prepare me?
- Will you help coordinate medical care or referrals consistent with my treatment needs?
QUESTIONS TO ASK WHEN CHECKING IN WITH YOUR ATTORNEY
Regular check-ins keep your case on track and ensure you’re prepared for upcoming milestones. Use these prompts during updates so you always know what’s next and what your lawyer needs from you.
- What has changed since our last update, and what milestones are coming up?
- Are there upcoming deadlines, hearings, or depositions I should prepare for?
- Have there been any settlement discussions or offers? How do you evaluate them?
- Do you need anything from me right now (documents, authorizations, photos, witnesses)?
BROWN & CROUPPEN CAN HELP
At Brown & Crouppen Law Firm, our experienced attorneys are here to help you. We work on a contingency fee basis, meaning you pay nothing unless we win your case. With over $1 billion won in personal injury cases, we’re committed to achieving justice for our clients. We’ll help determine fault, build a strong claim, and fight for the compensation you deserve.
Getting started with your case is easy. Just call us at 888-802-8156 for a free consultation or get help with your case online from our legal team.
