Questions to Ask a Personal Injury Attorney

By Farid Novian | Feb 6, 2025 | Catastrophic Injury

When dealing with a personal injury case, choosing the right attorney can make all the difference in securing the compensation you deserve. A skilled personal injury attorney will guide you through the legal process, advocate on your behalf, and help maximize your claim while other attorneys can put you in extra debt.

However, not all attorneys have the same level of experience, expertise, or communication style. Therefore, asking the right questions can ensure you find a lawyer who is qualified, trustworthy, and the right fit for your case.

At Novian & Novian, we have over 35 years experience handling personal injury cases in California. Our expert attorneys specialize in cases concerning catastrophic injuries and are always available to discuss your cases. Contact us now for a free consultation!

This post will serve as a guide on picking the right personal injury attorney. It will cover 15 essential questions you must ask before engaging any lawyer.

Why You Need a Personal Injury Attorney on Your Side

A personal injury attorney is a legal professional who specializes in representing individuals injured due to accidents, negligence, or wrongful acts of others. They handle cases such as car accident lawsuits, slip-and-falls, medical malpractice, and catastrophic injuries. Their goal is to help you secure fair compensation for medical bills, lost wages, and pain and suffering.

Many accident victims wonder if it is worth hiring a personal injury attorney. The answer is yes! A personal injury lawyer understands the complexities of the law and ensures that your rights are protected. They also help in handling the legal process, from gathering evidence to filing claims and representing you in court. 

If you’ve been injured due to someone else’s negligence, you should consult an attorney as soon as possible. This is especially necessary if your injuries require medical treatment or long-term care, the insurance company is offering a low settlement, or liability is disputed, and you need to prove fault. It is also necessary if you are facing high medical bills or the accident resulted in permanent disability or a catastrophic injury. 

15 Questions to Ask a Personal Injury Attorney

When dealing with a personal injury claim, selecting the right attorney can make a significant difference in your case outcome. Below are 15 essential questions to help you evaluate a potential personal injury lawyer and ensure they are the best fit for your case:

1. What Is Your Experience With Personal Injury Cases Similar to Mine?

Experience matters when it comes to personal injury law. An attorney who has handled cases similar to yours will be better equipped to navigate the complexities of your injury claim. 

You should inquire about how long they have been practicing personal injury law and what percentage of their practice is dedicated to these cases. It is also helpful to ask whether they have handled cases involving your specific type of injury or accident, such as car accidents, medical malpractice, or slip-and-fall injuries.

A proven track record of success in cases like yours can indicate the lawyer’s ability to achieve favorable results. Additionally, discussing their success rate and past settlements or verdicts can help you assess whether they are the right fit for your case.

2. Who Will Handle My Case, and How Involved Will You Be?

In larger personal injury firms, cases may be assigned to less experienced associates instead of the attorney you initially meet. Therefore, it is important to clarify whether the attorney you meet with will be the one handling your case or if it will be assigned to another lawyer or a team of associates. 

You should ask who your main point of contact will be and how involved the lead attorney will remain throughout the process. Knowing how communication and case management will be handled ensures that you receive the attention and expertise your case deserves.

3. What Is Your Fee Structure? Do You Charge Upfront Fees?

Most personal injury attorneys work on a contingency fee basis, meaning you don’t pay unless they win your case. However, some legal fees and case-related costs may still apply.

It is important to clarify the percentage they will take from your settlement and whether there are any upfront costs. The cost of hiring a personal injury lawyer can vary by state, so asking about the specific fee structure in California, New York, or your location can help set clear expectations.

4. What Happens if I Lose My Case?

Losing a case can have financial implications, so it is important to discuss the risks involved. Many personal injury attorneys offer a “no win, no fee” arrangement (contingency fee basis), meaning you owe them nothing if they do not secure compensation for you. 

However, some legal firms may require clients to cover certain expenses, such as filing fees, expert witness fees, or medical records retrieval costs, even if the case is unsuccessful. Clarifying these details upfront helps avoid unexpected financial burdens.

At Novian & Novian, we offer free initial consultation to everyone who reaches out to us. Contact us now! 

5. Are There Any Additional Costs That I Should Be Aware Of?

Legal representation often involves costs beyond attorney fees. You should ask about expenses such as court filing fees, expert witness fees, costs for accident reports, and other case-related costs. 

Some attorneys may include these costs in their contingency fee, while others may require clients to pay them separately. Understanding how these expenses are billed and when they are due helps prevent financial surprises during the legal process.

6. How Long Will My Case Take To Resolve?

The timeline for a personal injury lawsuit varies depending on factors such as case complexity, court schedules, and settlement negotiations. While no lawyer can guarantee an exact timeline for a personal injury lawsuit, an experienced attorney can provide an estimate based on similar cases. 

It is also important to ask about potential delays and what factors could prolong your case, such as insurance companies refusing to offer a fair settlement or the need for litigation.

7. What Is Your Recommended Legal Strategy for My Situation?

Each personal injury case requires a tailored legal strategy. A good lawyer will assess the details of your case and explain the best course of action, whether through settlement negotiations, mediation, or trial.

It is important to understand how the attorney plans to handle your case, including whether they aim for a quick settlement or are willing to go to court if necessary. Asking about possible legal strategies helps you evaluate the lawyer’s ability to achieve the fairest settlement for your situation.

8. What Are the Possible Outcomes of My Case?

A good personal injury lawyer will provide an honest assessment of potential results. Your potential personal lawyer should be able to provide a realistic overview of the potential outcomes of your case.

They should explain the likelihood of settling out of court versus going to trial and discuss the pros and cons of each option. Understanding the possible compensation amounts, including damages for medical bills, lost wages, and pain and suffering, allows you to make informed decisions about your case.

9. How Do You Handle Negotiations With the Insurance Companies?

Many insurance companies try to undervalue claims. It is important to ask about the lawyer’s approach to handling insurance claims and settlement negotiations.

Some insurance companies offer low initial settlements, and an experienced attorney will know how to counter these tactics. A strong negotiator can help maximize your compensation while avoiding drawn-out legal battles.

10. Are You Willing to Go to Trial if Necessary?

While many personal injury cases are settled outside of court, some require litigation to achieve fair compensation, and not all personal injury attorneys have trial experience. You should ask whether the attorney or law firm is prepared to take your case to trial if the insurance company refuses to offer a reasonable settlement.

A lawyer with extensive trial experience is better equipped to handle the complexities of court proceedings and fight for the compensation you deserve. Additionally, asking how likely it is that your case will go to trial helps set realistic expectations.

11. How Do You Determine the Value of a Case?

Every case is different, and a lawyer should calculate the value based on damages. Determining the value of a personal injury claim involves multiple factors, including medical expenses, lost wages, future medical costs, pain and suffering, and potential punitive damages. 

A skilled personal injury attorney will use past cases, expert testimonies, and evaluations to calculate a fair settlement amount. Understanding how your case is valued helps you gauge the strength of your claim and whether you are being offered a reasonable settlement.

12. What Will Be Expected of Me During the Legal Process?

As a client, you must be involved in your own legal cases. You should ask what responsibilities you will have, such as providing medical records, accident reports, or witness statements. 

Additionally, discussing how often you need to meet with your lawyer and the importance of timely communication ensures a smooth legal process. Maintaining thorough documentation and following legal advice can significantly impact the success of your case.

13. What Potential Weaknesses Do You See in My Case?

No personal injury case is perfect, and understanding potential weaknesses allows you to prepare accordingly. An experienced attorney should be able to identify legal risks upfront.

A skilled attorney will evaluate challenges such as insufficient evidence, conflicting witness testimonies, or disputes over liability. Asking how the lawyer plans to address these weaknesses can provide insight into their legal strategy and ability to strengthen your claim.

14. Do You Have References From Previous Clients I Can Contact?

A reputable personal injury attorney should have a proven track record. Client testimonials and references can provide valuable insight into an attorney’s ability and professionalism. 

A reputable personal injury lawyer should be willing to share references or case studies showcasing their past successes. If they have received industry recognition, such as being listed among “Top lawyers in the city,” or have a proven track record of high settlements, this can further validate their credibility.

15. How Will We Communicate Throughout the Case?

Clear communication is key to a successful attorney-client relationship. You should ask whether you will be able to contact the attorney directly for updates or if you will primarily communicate with a paralegal or associate. 

Additionally, discussing how often you can expect updates and whether the lawyer prefers phone calls, emails, or in-person meetings ensures clear expectations. Having a responsive legal representative can make a significant difference in your experience throughout the legal process.

Need More Answers From a Personal Injury Lawyer?

Choosing the right personal injury attorney is an important decision that can significantly impact the outcome of your case. By asking thoughtful and detailed questions, you ensure that your lawyer has the experience, resources, and commitment necessary to fight for the compensation you deserve. A knowledgeable and transparent attorney should make you feel confident and informed throughout the legal process, providing clear guidance every step of the way.

Take your time when selecting legal representation. The right attorney should not only have a strong track record but should also be someone you trust to advocate for your best interests. 

If you are looking for a skilled and experienced personal injury attorney in Los Angeles, Novian & Novian is here to help. Schedule a free consultation today to discuss your case.