Questions an Attorney May Ask During The Personal Injury Claim Process

There are endless posts about "What to ask a personal injury lawyer" out there. But the attorney/client relationship is a two-way street. Personal injury cases are all about communication. You're evaluating potential firms that can help, and you want to feel safe in the right hands. You need to know that the firm you choose knows exactly what they're doing.

You can arm yourself with questions when evaluating potential attorneys. However, it's also important to know what they're asking of you. Any personal injury lawyer will cover the basics–such as the elements of negligence, the claims process timeline, and the potential costs of pursuing litigation.

Questions to Listen For

Look for the following examples of good questions that a personal injury lawyer would ask during the claim process, from initial consultation to settlement:

• What are you most concerned about with the case?

Personal injury cases can include claims for recovery of medical bills, property damage, lost wages, and other forms of relief. A good lawyer will help you identify your main concerns early in the claims process, so they can address your individual needs efficiently and timely.

• How have you been managing the pain/loss?

Victims are human beings. They’ve suffered mental and physical anguish and now must seek legal help. Most lawyers will document the actions that clients take to address medical needs, but good ones will simply ask how they’re doing. It doesn’t take much to show empathy–but far too many firms skip this step.

• Is there anything in the retainer agreement that confuses you?

Like most legal documents, retainer agreements are long, confusing, and complex. A shady lawyer would capitalize on client confusion and pressure the client to accept unfavorable terms. A good lawyer, on the other hand, will help clarify terms, confirm expectations, and answer questions. Don’t ever sign a retainer agreement under pressure.

• Have you done any research on the personal injury claim process? Is there anything I can help clarify?

Personal injury victims arrive at firms in moments of deep pain, confusion, and stress. They’re forced to seek help mere hours or days after suffering the accident, and they’re likely overwhelmed with choices and tasks. A good personal injury lawyer will help clients dissect information already obtained while clarifying any confusing terms, concepts, or forms.

• How often would you prefer us to contact you?

Communication is vital during a personal injury lawsuit. You and your lawyer must stay connected to share information, schedule meetings or depositions, and coordinate evidence. Firms may have preferred communication channels, but they should always ask how you prefer to communicate–and stick to it. 

• Does this strategy make sense to you?

It’s hard for any victim to keep up with legal rules, processes, or procedures. Attorneys help clarify legal strategies, and they should vet any strategy with the client. A good lawyer will carefully explain the risks, benefits, and expectations for any legal path–and answer all client questions before committing to one.

• Do you understand the risks involved with this strategy?

Legal cases always carry some element of risk, even if there’s clear evidence of fault with another party. There are no guarantees with personal injury lawsuits, and a good lawyer won’t promise a favorable result. Make sure your lawyer outlines any risks with a given legal strategy until you feel comfortable pursuing it.

• If you have a settlement offer, how do you feel about it? Are you comfortable with it, or do you have concerns?

Too many personal injury firms operate on getting to a quick settlement (and payment), rather than fighting for the client’s needs. Any settlement should be carefully reviewed and validated by the client and the firm. This is the final step in most claim processes, and accepting an offer too quickly could cause more legal problems later.

If you've just been in an accident, the last thing you want to deal with is endless paperwork and research. You shouldn't bear the brunt of the work in assembling a personal injury claim. Contact us for a free consultation, and we can help you get back to a normal life.