12 Questions to Ask Before Hiring a Personal Injury Lawyer

These 12 questions show who will work your case, what it will cost at each stage and whether the lawyer is in good standing. Most injury lawyers offer a free first meeting, so ask all 12 before you sign anything.

Bring a notepad. The answers are easy to compare across 2 or 3 firms.

1. Who will handle my case day to day?

Ask for the name of the lawyer who will make decisions on your file and the person who will answer your calls. At high-volume firms, a case manager or paralegal often does most of the client contact.

That setup can work fine, but you should know it up front. In California, Rule of Professional Conduct 1.4(a)(3) requires your lawyer to keep you "reasonably informed about significant developments" whoever does the daily work.

2. How many cases like mine have you handled in this county?

Local experience matters because judges, juries and defense firms differ by courthouse. A rear-end neck injury case may be valued differently in Los Angeles County Superior Court than in a rural county nearby.

Ask for a rough count from the last 3 years and the outcome range. A useful answer has a number in it, such as "about 40 rear-end cases in this courthouse since 2023," not "we handle everything."

3. When did you last take a case to trial?

Very few cases reach a verdict, but a lawyer who is ready to try one gives the insurer a reason to pay more. The Bureau of Justice Statistics found just under 3% of general civil cases ended in a trial in its 2005 survey of state courts.

Ask when the lawyer last picked a jury and what happened. If the firm never tries cases, ask whether it would refer yours to trial counsel and how that would change the fee.

4. What percentage do you take at each stage?

Many contingency fees rise as a case moves forward. Ask for the percentage at settlement, after a lawsuit is filed, at trial and on appeal. The ABA's Model Rule 1.5(c) requires a signed written agreement stating those percentages.

Some states cap fees. The Florida Bar's consumer pamphlet lists 33 1/3% of the first $1 million before the defendant answers, and 40% after that. Our guide to how contingency fees work covers the math.

5. What will I owe if we lose?

The honest answer is usually "no fee," but costs are a separate question. Rule 1.5(c) requires the agreement to tell you about any expenses you would owe "whether or not the client is the prevailing party."

Costs in an injury case can include filing fees, deposition transcripts and expert fees. Ask for a written estimate if the case goes to suit.

6. Who advances costs, and are they taken out before or after the fee?

Most injury firms front the costs and get repaid from the recovery. Rule 1.8(e), as adopted in states such as Massachusetts, lets a lawyer advance costs with repayment "contingent on the outcome of the matter."

The order of deduction changes your check. Rule 1.5(c) requires the agreement to say whether costs come out before or after the fee is calculated.

7. How will you handle medical liens?

Health insurers, hospitals and government programs often have a right to be repaid from your settlement. Ask who negotiates those liens and whether the firm charges extra for it.

Medicare is the strictest. CMS issues a Conditional Payment Letter listing what it paid, then a formal demand after settlement. Interest accrues from the demand date if the debt isn't repaid on time. See our guide to medical liens in a personal injury settlement.

8. How often will I get updates?

Ask for a specific schedule, such as a call or email every 30 days, and who sends it. Also ask how fast the firm returns calls, and get the answer in hours or days.

Some updates aren't optional. California's Rule 1.4.1 requires a lawyer to promptly tell you the terms of every written settlement offer.

9. What is a realistic timeline for my case?

A clear answer names the next steps and the deadlines that bind them. Most personal injury suits must be filed within 2 years of the injury in California and Texas.

Claims against a government agency move faster. California requires a written claim within 6 months under Government Code §911.2 for an injury caused by a city bus or road defect. Our guide to how long a personal injury case takes has typical ranges.

10. Are you licensed in my state?

A lawyer must hold a license in the state where your case will be filed, or work with a local lawyer who does. You can check in a few minutes on the state bar's website.

In California, use the State Bar of California Attorney Search and confirm the status reads "Active." In Texas, use the State Bar of Texas "Find a Lawyer" directory at texasbar.com. Other states have similar lookups; see your state page.

11. Have you ever been disciplined?

Ask directly, then verify on the bar's site. The State Bar of Texas says any public disciplinary history is listed on the attorney's online profile.

A single old private reprimand may mean little. A recent suspension for mishandling client money is a reason to walk away. In Texas, dismissed grievances stay confidential, so a clean profile reflects only public discipline.

12. Do you refer cases out?

Some firms that advertise heavily sign cases and then send them to other lawyers. That is legal, but you should know who will actually do the work.

Under ABA Model Rule 1.5(e), a fee split between firms needs your written agreement to each lawyer's share. The total fee must also be reasonable. California's Rule 1.5.1 adds that the total fee can't go up because of the split.