Choosing an Auto Accident Attorney: Questions to Ask
Choosing a car accident lawyer is easier with a short list of questions. Some crashes involve a single insurer and a modest property claim, while others involve serious injuries, several policies and disputed fault. The questions below can make a first consultation more useful, whatever the size of the claim.
Confirm the license and record
Before any meeting, confirm 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 happened in another state, ask whether the lawyer is licensed there or will work with local counsel.
Ask about relevant experience
Ask how many car crash claims the lawyer handles and what kinds. An auto accident attorney should be comfortable with insurance coverage questions, such as uninsured motorist https://andybtrg219.timeforchangecounselling.com/diminished-value-and-other-car-accident-insurance-issues (UM) claims, PIP and MedPay, and liens from health plans or Medicare. Ask how the firm gathers evidence such as crash reports, dashcam video and event data recorder (EDR) downloads. Ask whether the lawyer has tried car crash cases before a jury, since trial experience can affect how a case is prepared, even though most claims resolve without a trial.
Read the fee agreement closely
Many injury lawyers work 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. Ask who pays case costs if there is no recovery, including filing fees, record charges and deposition costs. Ask whether the percentage rises if a lawsuit is filed, and ask about the written closing statement at the end of the case.
Who does the work
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 whether updates come by phone, email or a client portal. ABA Model Rule 1.5(e) generally requires the client's written agreement before lawyers in different firms divide a fee, so any referral or co-counsel plan should be explained at the start.
Preparing for the consultation
A consultation is more useful when the documents are available. Bring the police report, or at least the report number, along with photos of the scene and the vehicles. Letters from insurers and any forms already signed are worth bringing too, because they show what has already been said and signed. Medical bills and proof of missed work help document the losses so far.
Warning signs
Be cautious of anyone who promises a dollar figure at the first meeting. No lawyer can know the outcome of a claim in advance. Unsolicited in-person or phone approaches after a crash are another warning sign, because ABA Model Rule 7.3 generally restricts lawyers from soliciting clients through live person-to-person contact. A motor vehicle accident attorney can explain which statute of limitations applies. This article is general information and not legal advice.