After being involved in a car accident you probably have a lot running through your mind. You may be wondering how you’re going to cover the damages, even if you’re not the at-fault driver. Chances are, another question that pops up is do you need an accident attorney?
The answer to this last question is pretty easy to answer, yes, it’s usually a good idea to have an attorney. However, do you know the questions to ask during a free consultation with a lawyer? What you discuss during the consultation can impact your decision on whether it’s the right attorney for your accident claim. Here's a look at some of the questions you should ask during your initial consultation with a personal injury attorney.
How Much Are the Attorney Fees?
Chances are you’re already staring at mounting bills stemming from your accident. You probably have medical costs and possibly even property repair bills. If your injuries are preventing you from returning to work, you may even be missing income. In other words, finances are tight and you’re not sure if you can afford to hire a lawyer.
Most personal injury attorneys work on a contingency fee basis. In a nutshell, your attorney is only paid if you win your accident claim. Once your claim is settled the compensation check is deposited in an escrow account. You schedule a celebratory meeting with your attorney where they deduct their agreed-upon portion of your settlement. Once your attorney has deducted their fees, you receive a check for the remaining amount.
How much does an attorney typically take in contingency fees? The answer varies from attorney to attorney. However, on average, most personal injury attorneys charge anywhere from 30% to 45% of your settlement amount. The complexity of your accident case plays a role in contingency fee amounts, along with whether an attorney thinks your claim will turn into a lawsuit in civil court. You should expect to pay more in contingency fees for complicated cases that often end up in court.
Will My Accident Claim Take Long to Settle?
Okay, your attorney doesn’t have a crystal ball that lets them know how long an injury claim will take. Yes, this would be helpful. Your bills are piling up and it’s nice to have a general idea of when you can start getting yourself out of debt.
Every accident claim is different. Some are pretty easy to litigate and negotiations go fairly smoothly. An example is if you’re hit by a speeding driver who also runs a red light. Determining blame in this scenario is pretty straightforward. The speeding driver is the one at fault and their insurance company can’t dispute this fact. Now, all that’s left is to negotiate a fair settlement. You may receive your compensation check in as little as a few weeks.
Other accident claims are more complex. There may be more than one party liable for the accident. The insurance company may also be contesting a portion of your accident claim. If you’re listing non-economic damages, this can delay the process. Since these damages aren’t tangible, the insurance company may not agree with your calculations.
If you can’t reach a settlement and your claim turns into a lawsuit, you should expect your case to take a few months or more to resolve. Your attorney can give you a rough estimate on your claim’s timeline but they can’t give you a precise date.
What is the Total Potential Compensation for Your Accident Claim?
Your attorney may be able to give you a ballpark figure but not a precise dollar amount. Remember, every accident claim is unique and insurance companies will try to negotiate a lower settlement.
There is a way you can get a better idea of your potential compensation amount during the consultation. While your prospective attorney isn’t going to take time during the consultation to calculate all of your damages, they can come up with a quick estimate.
Bring your medical and property repair receipts to the consultation. Add in any lost income if applicable. The attorney can let you know if you’re on the right track regarding your economic damages. Don’t forget, you haven’t included any non-economic damages like pain and suffering. This can further increase the value of your claim.
Having a general idea of what your accident claim may be worth can help relieve some of the stress you may feel as bills start coming in.
Do You Have Experience Litigating Accident Cases?
Simply because a lawyer advertises as a personal injury attorney doesn’t necessarily mean they have experience handling your type of case. This is when you want to ask plenty of questions about the attorney’s experience.
Along with finding out if they’re familiar with accident cases similar to yours, inquire about their success rate. Does the attorney typically produce favorable results for their clients? Do their clients find themselves filing appeals after their accident claim is denied?
Don’t be afraid to ask for references from past clients. You should also do a little online research. Most accident attorneys have websites to help attract clients. Read through the review page and comment sections. You can learn a lot about an attorney by reading what their other clients have to say.
Ask How You Should Handle the Insurance Companies
If the attorney doesn’t recommend not discussing your accident with the at-fault party’s insurance company, they may not be the right lawyer for you. Unless you’re willing to settle with the insurance company for their offered amount, it’s never a good idea to talk to an insurance adjuster.
Anything you say to the insurance adjuster can be used to reduce the value of your claim. The attorney should advise you to let them handle all discussions and negotiations with the insurance company.
Are You Ready to Choose an Accident Attorney?
You can think of the initial consultation with an attorney as a type of job interview. You’re interviewing the attorney to ensure they’re the right legal professional for your accident claim. Don’t be afraid to ask questions and going through a consultation doesn’t mean you’re hiring the attorney. If you’re not happy with their answers, schedule a consultation with a different lawyer.
