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5 Critical Questions You Should Ask a Personal Injury Lawyer


— April 8, 2020

You need to ask the lawyer a couple of critical questions before formalizing the deal as this is critical to learning if they are suitable for your case.


It’s a common fact that with more people driving and the increasing number of vehicles on our roads, car accidents are bound to be inevitable. In case you or your loved one is involved in a motor vehicle accident that results in personal injury, it can be a stressful event, requiring you to make difficult decisions often with urgency. One such decision is getting a lawyer to represent you or your loved one in a car accident case. However, you need to ask the lawyer a couple of critical questions before formalizing the deal as this is critical to learning if they are suitable for your case.

Does he/she have trial experience?

With only a few personal injury cases involving car accidents managing to go to trial, many of them are often completed through out of court settlements. As a client, you should conduct due diligence and find out whether the lawyer you intend to engage has experience with trial cases. This will help you know whether he/she has the ability to win cases when the only alternative is litigation. Additionally, it will help you gauge if the lawyer is an excellent negotiator who can manage to get you the most favorable deal in court or in out-of-court settlements. 

What is the value of your case?

The lawyer can provide a rough estimate of the compensation amount with respect to facts pertaining to the case. In some states, personal injury cases involving substantial compensation are filed in Superior Courts, while claims involving smaller amounts in damages are handled by small claims courts. Some of the factors that often determine the worth of your case include the wages lost, mental anguish, medical expenses, and physical pain suffered as a result of an accident. Moreover, the defendant’s degree of negligence is a crucial factor in establishing the value of your case.

X-ray of person with broken collarbone; image by Harlie Raethel, via Unsplash.com.
X-ray of person with broken collarbone; image by Harlie Raethel, via Unsplash.com.

Are there any conflicts of interest?

Every client in a personal injury case needs a lawyer who is unequivocally on their side. The lawyer has a moral obligation to keep you informed about any potential conflicts of interest they might have with regard to your case. For instance, if you contract a lawyer who is also a business associate of the defendant in your case, it can be a very costly error on your part. 

What approach will the lawyer adopt in your case?

The lawyer you intend to contract should keep you abreast of the approach they intend to use in handling your case. Perhaps the lawyer may decide to file a personal injury claim and a liability claim. Ask if the injury case might also include a third party claim. Find out from the lawyer about the pros and cons of each strategy they intend to pursue and let them provide other alternatives you may pursue. 

What is the lawyer’s honest evaluation of the case?

In your briefing with the lawyer, ask him/her to provide an honest evaluation of your case depending on the facts pertaining to the situation. Remember that you will not be guaranteed success all the time because of certain variables. 

The quality and competence of the lawyer is essential and can either make or break your case. Consequently, it is important to ask the lawyer these questions before you hire him/her to proceed with the case. These questions will help you gauge if the accident lawyer you intend to engage is suitable for your case and whether he/she is capable of ensuring you are successful. Otherwise, you’ll just be wasting money.

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