Questions to Ask Before Hiring a Car Accident Attorney
Choosing a car accident lawyer is easier with a short list of questions. Some crashes involve one insurer and a modest property claim, while others involve serious injuries, several policies and disputed fault. The questions below can make a first consultation more useful, regardless of the size of the claim.
Start with the license
Before the first meeting, check the basics. Each state bar or licensing agency provides a way to confirm that a lawyer is licensed and in good standing, and many also publish disciplinary history. A directory listing or a rating badge reflects the publisher's own selection process, rather than a license check or a prediction of results. If the crash occurred out of state, ask whether the lawyer is licensed there or plans to work with local counsel.
Ask about relevant experience
Ask how many car crash claims the lawyer handles and what kinds. An auto accident lawyer should be comfortable with coverage questions, including uninsured motorist (UM) claims, PIP, MedPay and Medicare or health plan liens. Ask how the firm collects evidence like crash reports, dashcam video and event data recorder (EDR) downloads. Ask whether the lawyer has taken car crash cases to trial, since trial experience can affect how a case is prepared, even though most claims settle.
Fees and the written agreement
Many injury lawyers work on a contingency fee, a percentage of any recovery. ABA Model Rule 1.5(c), which many states have adopted in some form, requires a contingent fee agreement to be in writing and signed by the client, and to state how the fee is https://jsbin.com/koxetovunu calculated and whether expenses are deducted before or after the fee. Ask who pays case costs if there is no recovery, including filing fees, record charges and deposition costs. Ask whether the percentage rises if a lawsuit is filed, and ask about the written closing statement at the end of the case.
Who does the work
Ask whether the car accident lawyer you meet will be the one handling the case, and how often updates will come. Ask who will answer questions when the lawyer is unavailable, and whether updates come by phone, email or a client portal. If the firm plans to refer the case or bring in co-counsel, ABA Model Rule 1.5(e) generally requires the client's agreement, confirmed in writing, before lawyers in different firms divide a fee.
What to bring to the first meeting
A first meeting goes further when the paperwork is on the table. Bring the crash report, or the report number if the report is not ready yet, together with photos of the vehicles and the scene. Letters from insurers and any forms already signed are worth bringing too, because they show what has already been said and signed. Medical bills and proof of missed work help document the losses so far.
What no lawyer can promise
Be cautious of anyone who promises a dollar figure at the first meeting. No lawyer can predict the outcome of a claim with certainty. Unsolicited calls or visits after a crash are another warning sign, because ABA Model Rule 7.3 generally restricts lawyers from soliciting clients through live person-to-person contact. An automobile accident lawyer should be able to explain the statute of limitations that applies. This article is general information and not legal advice.