questions to ask a car accident attorney

What To Ask A Car Accident Lawyer During Your First Consultation 

30 July 2024
Last Modified Date: 03 October 2024

Car accidents can happen anytime and change your life in a matter of seconds. One minute, you’re driving along, and the next, you get rear-ended at a stoplight or t-boned at an intersection, leaving you with injuries, medical bills, and a damaged vehicle. 

According to statistics, about 6,102,936 vehicle accidents in the United States were recorded in 2021 alone, with 39,508 of those being fatal.

If you’ve been the unfortunate victim of one that wasn’t your fault, taking legal action might be necessary. 

A qualified car accident lawyer can be your champion who will fight to get you the compensation you deserve. But before you hire just any lawyer, you need to make sure they’re the right fit for you and your case. That’s why your first consultation is so important.

To help you make the most of this crucial first meeting, we’ve compiled a list of essential questions you should ask your potential car accident attorney.

What’s your full experience with car accident cases? 

10 Questions To Ask A Car Accident Attorney

When you’re dealing with the aftermath of a car accident, you want someone who knows the ropes. So, don’t be afraid to grill your potential lawyer about their car accident case experience.

How many years have they been handling these types of cases? Is it their main focus, or just a small part of what they do? Asking these kinds of questions is a great way to find the best lawyer for car accidents who can effectively represent your interests and handle all the twists and turns your case might take.

Remember, a proficient car accident lawyer is well-aware of all the ins and outs of the relevant laws, common tactics used by insurance companies, and how to build a strong case. They’ll be familiar with the local court system and possibly even have relationships with judges and other lawyers that could benefit your case.

Have you negotiated cases similar to mine? 

While every car accident case is unique, chances are your case isn’t the first of its kind. That said, ask for specific examples of cases they’ve handled that are similar to yours. While they can’t share confidential details, they should be able to give you a general idea of how they’ve approached similar situations in the past.

For example, let’s say you got sideswiped by an 18-wheeler commercial truck. Understandably, you’ll want a lawyer who’s familiar with the specific regulations and challenges that come with commercial trucking accidents. 

Or perhaps you’ve suffered a particular type of injury, like whiplash or a traumatic brain injury. It’s a big plus if your lawyer has experience with cases involving similar injuries.

What’s your success rate? 

It is true that past success doesn’t guarantee future outcomes, an attorney’s track record gives you an idea of what they’re capable of. So, ask them straight up about their success rate with car accident cases. How many cases have they won? How many have they settled out of court?

Don’t be put off if they talk a lot about settlements or if they have a higher settlement rate. In fact, that’s actually pretty normal.

 A study by the U.S. Department of Justice found that only about 4% to 5% of personal injury cases actually go to trial. Many car accident cases can be settled outside the court, and a lawyer who’s skilled at negotiation can often secure a favorable settlement without the need for a lengthy trial.

What’s your communication style with your clients? 

Clear communication is extremely important in any legal case. You want a lawyer who’ll keep you in the loop about the progress of your case and who’s easily accessible when you have questions or concerns. 

So, don’t forget to ask about their communication style. How often will they update you on your case? Will they communicate primarily by phone, email, or in-person meetings? Who will be your main point of contact? Will it be the lawyer themselves or a member of their team?

Also, find out how quickly you can expect responses to your questions. A good lawyer should be responsive to their client’s needs and concerns. 

What’s your fee structure? 

Most lawyers handling car accident cases work on what’s called a contingency fee. Basically, they only get paid if you win. As great as that sounds, it’s important to get the specifics first.

Ask them what percentage of your winnings or settlement they’ll take as their fee. Is it a flat rate, or does it change depending on how far your case goes? According to several sources, the average contingency fee for car accident attorneys is between 25% and 40%, with the majority of lawyers charging 33%.

And heads up, there might be other costs that pop up along the way, such as filing fees or expert witnesses. Make sure you know who’s covering those.

How long will my case possibly take? 

While it’s impossible to predict exactly how long a legal case will take, an experienced lawyer should be able to give you a rough estimate based on the details of your case and their past experience.

So, inquire about the factors that could affect the timeline of your case. Are there any potential complications they foresee? What steps are involved in the process, and how long does each typically take? Understanding the potential timeline can help you manage your expectations and plan accordingly. 

What’s the potential value of my case? 

This is a question many clients are eager to ask, but it’s important to understand that it’s often difficult for a lawyer to give an accurate estimate during the first consultation. For one, the value of your case depends on many factors, including the severity of your injuries, the impact on your life and work, and the strength of the evidence.

However, an experienced lawyer should be able to give you a general idea of what factors will influence the value of your case. They might also be able to provide a range based on similar cases they’ve handled in the past. 

What evidence do we need to strengthen my case? 

Strong evidence is the backbone of any successful auto accident case. You can ask your lawyer what types of evidence will be most important for your case. This might include: 

  • Police reports 
  • Witness statements 
  • Medical records 
  • Photos of the accident scene and vehicle damage 
  • Traffic camera footage 
  • Expert testimony 

Your lawyer should be able to give you legal advice on what evidence to gather and how to preserve it. They might also discuss any potential challenges in obtaining certain types of evidence. 

What are the potential challenges in my case? 

No case is without its challenges, and it’s important to understand what obstacles you might face. So, talk to your lawyer about the potential weaknesses in your case or arguments the other side might make.

For example, if there’s a question about who was at fault in the accident or if there are gaps in your medical treatment, these could be challenges your lawyer will need to address. Take note that your lawyer’s job isn’t just to tell you what you want to hear. They should be pointing out the weak spots in your case and brainstorming ways to shore them up.

The more you know about the bumps and potential issues ahead, the better you and your lawyer can develop strategies to overcome them. 

What will happen if we can’t reach a settlement? 

While most cases settle, it’s important to know what happens if yours doesn’t. Ask your lawyer about their trial experience. How often do they go to court? Are they comfortable and experienced in trial settings?

Although the goal is to negotiate a settlement, knowing your lawyer’s willingness and ability to take your case to trial if necessary can give you confidence in their ability to fight for your rights, whether at the negotiating table or in the courtroom. 

Parting thoughts 

Your first consultation with a car accident lawyer is a critical step in your journey toward justice and fair compensation. By asking the right questions, you’ll gain valuable insights into your potential lawyer’s experience, approach, and ability to handle your case effectively. Remember, this meeting is as much about you evaluating the lawyer as it is about them evaluating your case. 

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