Choosing an Auto Accident Attorney: Questions to Ask
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 bring serious injuries, several policies and disputed fault. These questions can make a first meeting more productive, regardless of the size of the claim.
Check the license first
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 publish public discipline records. A listing in a directory or a badge from a rating publisher reflects that publisher's selection, 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.
Questions about experience
Ask how many car crash claims the lawyer handles and what kinds. An auto accident lawyer should be comfortable with coverage questions, such as uninsured motorist (UM) claims, PIP and MedPay, and liens from health plans or Medicare. 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.
Understand the fee agreement
Injury lawyers often handle these claims 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 explain how the fee is calculated and whether expenses come out before or after it. https://telegra.ph/How-to-Choose-a-Car-Accident-Lawyer-11-08-2 Ask who covers case costs if there is no recovery, such as filing fees, medical record charges and deposition costs. Ask whether the percentage changes if a lawsuit is filed, and ask for a written closing statement at the end.
Communication and staffing
Ask whether the car accident lawyer you meet will be the one handling the case, and how often updates will come. Ask who answers questions when the lawyer is in court, and how updates are usually sent. 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.
Documents worth bringing
A first meeting goes further when the paperwork is on the table. Bring the police report, or at least the report number, together with photos of the vehicles and the scene. Insurance letters, claim numbers and any forms already signed matter as well, because they show what has already been said and signed. Medical bills and pay stubs help show the losses so far.
Red flags and realistic expectations
Be wary of anyone who promises a specific dollar amount at a first meeting. No lawyer can know the outcome of a claim in advance. Unsolicited calls or visits after a crash are another warning sign, since ABA Model Rule 7.3 generally restricts live person-to-person solicitation by lawyers. An automobile accident lawyer should be able to explain the statute of limitations that applies. This is general information, not legal advice.